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Transfer Tax Affidavit Form. This is a California form and can be use in Santa Barbara Local County.
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Tags: Transfer Tax Affidavit, California Local County, Santa Barbara
CO UNTY O F SANTA BARBARA
CLERK, REC OR DER, AN D ASSESSOR
TRANSFER TAX AFFIDAVIT
NOTICE: ANY MATERIAL MISREPRESENTATION OF FACT IN THIS AFFIDAVIT IS A MISDEMEANOR UNDER SECTION 32-47
OF THE SANTA BARBARA COUNTY REAL PROPERTY TRANSFER TAX CODE. ANY PERSON WHO MAKES SUCH A
MISREPRESENTATION IS SUBJECT TO PROSECUTION FOR SUCH OFFENSE.
THE CLERK-RECORDER RESERVES THE RIGHT TO REPORT POTENTIALLY FRAUDULENT RECORDINGS TO THE DISTRICT
ATTORNEY’S REAL ESTATE FRAUD UNIT.
1. LOCATION OF PROPERTY:
Assessor’s Parcel Number:
Street Address:
Describe the document(s) to be recorded:
2. IS THIS A TRANSFER INTO OR OUT OF A TRUST WHERE THE GRANTOR/GRANTEE AND THE TRUSTEES
ARE THE SAME?
Yes
No (If yes, complete this section. If no, proceed to #3.)
a.
If yes, is this a
Revocable Trust
or
b.
If no, provide a Certificate of Trust or a copy of the trust
c.
Is this a transfer for refinancing purposes only?
Irrevocable Trust
Yes \
No
3. IS THIS AN INTERSPOUSAL TRANSFER?
Yes
No (If yes sign at the bottom of Page 2. If no, proceed to #4.)
4. IS THIS A FORECLOSURE OR A TRUSTEE SALE?
Yes
a.
No (If yes, complete this section. If no, proceed to #5.)
Is the transferee the Beneficiary or Mortgagee?
Yes
b.
No (If yes, complete this section. If no, proceed to #5.)
Please provide
Name of Trustee
Date of original deed of Trust
c.
Enter the amount of consideration paid or value and on line 9a
$
5. IS THIS A GIFT IN WHOLE OR IN PART?
Yes
No (if yes, give a complete explanation and sign both as Donor and at the bottom of Page 2.
If no, proceed to #6.)
Name of Transferor/Donor:
Name of Transferee/Donee:
Please be aware that certain gifts in excess of $13,000 per calendar year may trigger a Federal Gift Tax. In such
cases, the Transferor (donor) may be required to file Form 709 (Federal Gift Tax Return) with the Internal Revenue
Service. Please also be aware that information stated on this document may be given and used by governmental
agencies, including the Internal Revenue Service.
I, as the Transferor (Donor)
, declare under the penalty of perjury, that I have read the
aforementioned paragraph and acknowledge that a Federal Gift Tax may be triggered.
Donor Signature
Donor Phone Number
Page 1 of 2
1100 Anacapa Street
Hall of Records
Santa Barbara, CA 93101
Tel: (805) 568-2250
Fax: (805) 568-2266
Mailing Address:
PO Box 159
Santa Barbara, CA 93102-0159
www.sbcrecorder.com
email: Clk-RecHelpDesk@co.santa-barbara.ca.us
American LegalNet, Inc.
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6. IS THIS A LEASE?
Yes
No (If yes, complete this section. If no, proceed to #7.)
a.
Is remaining term of lease including renewal options greater than 35 years?
b.
If yes, submit a copy of lease or summary or terms
c.
Yes
Enter the value of the lease interest and on line 6a (for tax calculation)
No
$
7. IS THIS A TRANSFER GIVEN TO SECURE A DEBT?
Yes
a.
If adding
No (If yes, complete this section. If no, proceed to #8.)
or removing a co-owner for refinancing purposes, please initial ________________
“The proportional ownership interest will revert back to its original holding within three (3) months
from the date of recording; otherwise I will pay the applicable transfer tax.”
8. DO YOU CONTEND THAT NO TRANSFER TAX IS DUE FOR A REASON NOT EXPLAINED IN #1-7?
Yes
No (If yes, complete this section. If no, proceed to #9.)
a. If yes, explain fully:
(1) The nature of this transaction; and
(2) The reason why you contend no transfer tax is due (Use additional papers if necessary and
attach copies of records or documents supporting your claim.)
Transfers involving legal entities must provide:
- Copy of the Articles of Incorporation, Operating Agreement of an LLC, or Partnership
Agreement
- Provide the names of individuals and specific percentages held by each individual both
prior to and following this transfer.
9. TAXABLE TRANSACTIONS
Complete the following and calculate the tax below:
a. Consideration paid or value
b.
c.
Full Cash Value
$
Less Liens
If less liens, loan amount assumed
$
d. Total consideration or value less liens (Line A – Line C)
$
e. Tax Due, calculate tax as $0.55 per $500 of Line D
$
Example: $100,000 value / $500 increments = 200
200 increments X $0.55 = $110 in tax due
I DECLARE OR AFFIRM UNDER PENALTY OF PERJURY THAT THE FOREGOING IS TRUE AND CORRECT.
Transferee
Transferor
Signature
Print Name
Address
Check here if address in Question #1 is the
same as the claimant’s mailing address
Phone Number
Place of Execution (City, County, State where executed)
Date of Execution
Page 2 of 2
1100 Anacapa Street
Hall of Records
Santa Barbara, CA 93101
Tel: (805) 568-2250
Fax: (805) 568-2266
Mailing Address:
PO Box 159
Santa Barbara, CA 93102-0159
www.sbcrecorder.com
email: Clk-RecHelpDesk@co.santa-barbara.ca.us
American LegalNet, Inc.
www.FormsWorkFlow.com