Laws, Regulations & Annotations

Property Taxes Law Guide – Revision 2017

Revenue and Taxation Code

Other Taxes

Part 6.7. Documentary Transfer Tax Act

Chapter 4. Administration

Section 11933

11933. Recordation subject to payment of tax. If a county has imposed a tax pursuant to this part, the recorder shall not record any deed, 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 in compliance with Section 11932, and the recorder may rely 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 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, or writing.

History.—Stats. 1968, p. 162, in effect April 9, 1968, operative July 1, 1968, repealed the former Section 11933 which concerned the sale of stamps, and added a new Section 11933. Stats. 1969, p. 2101, in effect November 10, 1969, substantially revised this section. Stats. 2014, Ch. 20 (AB 1888), in effect January 1, 2015, added a comma after "instrument" in the first sentence; added "or her" after "or his", deleted "or on a separate paper" after "the document", and substituted "on that declaration if the recorder" for "thereon; provided he" after "may rely" in the second sentence; substituted "either was, or" for "was, or that it" after "was computed" in the third sentence; and added a comma after "instrument" in the fourth sentence.