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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Amended.html

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BILL NUMBER: AB 1888	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 27, 2014

INTRODUCED BY   Assembly Member Ting

                        FEBRUARY 19, 2014

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



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1888, as amended, 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
expect to specified instruments that transfer specified interests in
real property.  Existing law   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.   document, and would make a
conforming change to the signed declaration requirement. 
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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   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 
 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  or on a separate paper  in compliance
with Section 11932, and the recorder may rely  thereon;
provided he   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  that it  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   instrument,  or
writing.