Transfer Tax Affidavits

Transfer Tax Affidavits

The following are the County Recorders that require an “Affidavit” to be signed and attached to the Preliminary Change of Ownership form. In particular, if the deed is not a sale of the property but an “inter family” or “gift” transfer and you are claiming an exemption from transfer tax, a Transfer Tax Affidavit must be completed. Here are the list of counties (as of August 1, 2011) and the website link to the forms.

County and Website Link Deeds- $0.00 Tax All Deeds? Original or Photo ok Signatures Memo
El Dorado Yes No Photo ok Grantor, Grantee Not required- spousal and into/out of trust. Must show proof of same parties/same interest
Glenn Yes No Original County does not verify None
Marin Yes/No* No Original County does not verify Used when Full Value Less Liens and Encumbrances or *a partial interest is being transferred (separate forms for each)
Merced Yes No Original Grantor or Grantee only None
Napa Yes* No Copy OK County does not verify *Only required on Gift transactions, or when a valid reason is not stated on the document
Riverside Yes Yes Original County does not verify Must include tax amount and must be filled out completely
San Benito Yes Yes Original Grantee/Transferee Only Government agencies exempt from form - 11925(d) has 5 day review period
San Francisco Yes Yes Original* Grantor/Grantee only *Gift - requires original signature - cannot be agent & MUST include fair market value of property. Photocopy of signatures is OK if NOT a gift and if original agent siganture is nearby
San Joaquin Yes No Copy OK Agent/Grantor/Grantee Title Company Reps excluded as valid agents - agent implies lawyer/attorney in fact, etc.
San Mateo Yes Yes Original Grantor/Grantee or Title Co. Rep. Title Company Reps cannot sign. Donor only must sign for GIFT transactions
Santa Barbara Yes No Original County does not verify Donor only must sign for GIFT transactions. Must include phone #
Shasta Yes* No Copy OK County does not verify *Only required on Gift transactions, or when a valid reason is not stated on the document
Solano Yes* No Copy OK Grantor/Grantee Only, Copies ok, See TTIS publication for Solano for complete Requirements *Required on any transfer document that does NOT have a PCOR. Also, Company to Company 11925 (d) transactions require PCOR & TTA - must have signature of Grantor or Grantee & have 5 day review period. Also Easements, RE-Recorded Deeds
Sutter No No Original County does not verify Required on any transfer document that does NOT have a PCOR
Tehama Yes Yes Copy OK County does not verify GIFT section must be filled out AND signed, when GIFT
Yuba No No Original County does not verify Required on any transfer document that does NOT have a PCOR

1 thought on “Transfer Tax Affidavits”

  1. Hello, there are additional Counties that require this now. Here’s my list:

    El Dorado
    Merced
    Monterey
    Placer
    Riverside
    San Francisco
    San Joaquin
    San Mateo
    Santa Barbara
    Shasta
    Solano
    Tehama
    Yuba

Comments are closed.