Bill Text: CA AB1888 | 2013-2014 | Regular Session | Chaptered

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Bill Title: Documentary transfer tax: document for recordation: amount of tax due shown on separate paper.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2014-06-04 - Chaptered by Secretary of State - Chapter 20, Statutes of 2014. [AB1888 Detail]

Download: California-2013-AB1888-Chaptered.html

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BILL NUMBER: AB 1888	CHAPTERED
	BILL TEXT

	CHAPTER  20
	FILED WITH SECRETARY OF STATE  JUNE 4, 2014
	APPROVED BY GOVERNOR  JUNE 4, 2014
	PASSED THE SENATE  MAY 23, 2014
	PASSED THE ASSEMBLY  APRIL 24, 2014
	AMENDED IN ASSEMBLY  MARCH 27, 2014

INTRODUCED BY   Assembly Member Ting

                        FEBRUARY 19, 2014

   An act to amend Sections 11932 and 11933 of the Revenue and
Taxation Code, relating to taxation.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1888, Ting. Documentary transfer tax: document for recordation:
amount of tax due shown on separate paper.
   The Documentary Transfer Tax Act authorizes the board of
supervisors of a county or city and county to impose a tax with
respect to specified instruments that transfer specified interests in
real property. The act requires the amount of tax due and the
location of the property to show on the face of the document, and if
the party submitting the document for recordation requests, that the
amount of tax due be shown on a separate paper affixed to the
document. The act prohibits the recorder from recording any deed,
instrument, or writing subject to the tax, unless paid at the time of
recording, and requires a signed declaration of the amount of tax
due on the face of the document or on a separate paper as provided by
the act.
   This bill would delete the requirement that, upon request, the
amount of tax due be shown on a separate paper affixed to the
document, and would make a conforming change to the signed
declaration requirement.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 11932 of the Revenue and Taxation Code is
amended to read:
   11932.  If a county has imposed a tax pursuant to this part, every
document subject to tax that is submitted for recordation shall show
on the face of the document the amount of tax due and the
incorporated or unincorporated location of the lands, tenements, or
other realty described in the document.
  SEC. 2.  Section 11933 of the Revenue and Taxation Code is amended
to read:
   11933.  If a county has imposed a tax pursuant to this part, the
recorder shall not record any deed, instrument, or writing subject to
the tax imposed pursuant to this part, unless the tax is paid at the
time of recording. A declaration of the amount of tax due, signed by
the party determining the tax or his or her agent, shall appear on
the face of the document in compliance with Section 11932, and the
recorder may rely on that declaration if the recorder has no reason
to believe that the full amount of the tax due has not been paid. The
declaration shall include a statement that the consideration or
value on which the tax due was computed either was, or was not,
exclusive of the value of a lien or encumbrance remaining on the
interest or property conveyed at the time of sale. Failure to collect
the tax due shall not affect the constructive notice otherwise
imparted by recording a deed, instrument, or writing.