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Non-disclosure of transfer tax (R & T Code § 11932)

Posted by Ward-CA- on May 17, 2009 at 7:51 AM

In Reply to: Not of public record posted by Bob (CA.LA) on May 16, 2009 at 8:57 AM

Bob,

The non-disclosure of CA's transfer tax allows a buyer or seller to avoid placing their transfer tax declaration on the face of their recorded deed—but rather declare the tax on on a separate, non-recorded form. However the Code doesn't go so far as to require the recorder not to disclose the transfer tax if asked!

But if such a disclosure is occurring then you're free to overpay the tax...thus making it appear that you've paid more for the property than you actually did. For example, by adding $55.00 to the tax it will appear that you paid $50,000 more for the property that you actually did.


----------------Ward


=======================


: Ward,

: Recently, data providers are publishing the amount paid of homes that were previously private due to the use of the sales price exemption from public record form. The form states that it can be used by law to exempt the sales price from being made public howeever it is no longer working. Do you know what has changed. Are dataquick and others violating the law by publishing the info when it clearly states on the deed that sales price is not of public record.

: This change has been present for only the last month or so. Thank you.

:
: Bob



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