Question - I have questions concerning Transfer Tax.  Can you answer them?

The Recorder’s office cannot provide legal information, however, the following questions and answers are provided for guidance only and the El Dorado County Recorder-Clerk is simply trying to provide information that may be helpful to the public.

The Documentary Transfer Tax (State of California Revenue and Taxation Code Part 6.7, Documentary Transfer Tax Act) should be consulted, or contact a legal or real estate professional for help.

Directions for Completing Documentary Transfer Tax Declaration

A space for indicating the amount of Transfer Tax value to be paid, or indicating a reason for exemption is included at the beginning of each first page of your document.

NOTE: If tax under A. is $0, you must provide an explanation.
Examples:

• Gift
• Liened to full value
• Exempt under Revenue and Taxation
• Code:____________________ (Fill In Section)

How much is the documentary transfer tax?
The tax rate is $.55 for each $500, or fractional part thereof, of the value of real property, less any loans assumed by the buyer.

When is documentary transfer tax paid?
The tax is paid at the time of recording a document transferring real property. Those cities opting into this tax receive half the amount collected for property in the city.

Who pays documentary transfer tax?
Either the buyer or the seller upon mutual agreement.

How do I show the amount of tax due?
Each document in which real property is sold must have a tax declaration on the first page of the document. Directions on completing a declaration are shown following this information sheet.

When is realty considered to have been sold?
Real property is considered to be sold when a transfer of an interest is for a valuable consideration, which may involve money or anything of value.

What is considered "anything of value?"
Examples of things other than money that have value are: shares of stock in a corporation, interest in a partnership, real property or assuming the debt of another person.

When is realty considered to not have been sold?

The most used example is a bona fide gift. This exclusion is commonly used when adding or removing a co-signor from real property. Gift must be given as the explanation of no tax due. Other examples include: placing real property in a trust for the benefit of the grantor (revocable trust), distribution of partnership property when the partnership is dissolving, and changing how title is held (from joint tenancy to tenants in common).

Are there any exemptions from documentary transfer tax?
Yes. If the property is considered to have been sold there are several exemptions under the law. These exemptions relate to specific causes of real property transfers and are infrequently used.

Are there any other requirements?
Yes. Each document transferring an interest in real property must clearly state, on its face, if the property is located in the county's unincorporated area or within a city's limits. Cities in El Dorado County are: City of South Lake Tahoe and Placerville.

Where can I go to get help in determining the amount of tax due?
Contact a real estate or legal professional. See below for directions for completing the Documentary Transfer Tax Declaration.