Page 18 - CTT-CA Real Estate Foreign Buyer & Seller Guide_English
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Change of Ownership Filings
When property changes hands, local government agencies require notice of change of ownership. At the local level, this would be any county office who assesses or collects taxes. Reporting a change in the ownership of the property allows the local jurisdiction to assess the tax liability for each property as the title is transferred from seller to buyer.
The reporting documents vary from state to state, but all states require at a mini- mum the names of the seller and buyer, assessor’s parcel number or other property identifying number, the property location and tax address. Also required is the total purchase price, terms of sale and signature of the new owner. The reporting document is recorded along with documents evidencing a change in ownership. In California, the document is called a Preliminary Change of Ownership (PCOR), and it assists the local agency in identifying situations in which a property reassess- ment is allowed under Proposition 13.
Penalties or fines may be assessed from the governing body for failure to file the document as required by state or local laws. The escrow agent will generally assist the customer in completing the document and ensuring it reaches the recorder’s office along with the other documents pertinent to the change of ownership.
Transfer Taxes
Transfer tax, often called real property transfer tax, is a tax collected by the County Recorder when an interest in real property is conveyed. It is paid at the time of re- cording, and is computed using the actual sales price. For example, the charge may be $0.50 per $500 of consideration. Custom and practice may dictate who pays for the transfer tax at closing. Be sure to review the purchase and sale agreement to determine who pays the tax.
Many cities have levied an additional tax within their jurisdictions. In some coun- ties, these taxes are collected by the County Recorder along with county transfer tax, but in other areas a separate check will be mailed to the city. Your escrow officer is familiar with the taxes required and will coordinate payment of the appropriate amount.
Escrow