Documentary Transfer Tax Affidavit

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Who can sign the affidavit?

Only one person must sign the Tax Affidavit. The transferor/transferee of the conveyance or an attorney/representative with full knowledge of the transaction can sign the Tax Affidavit

I am recording a Deed and it is exempt from Documentary Transfer Tax.  Do I still need to submit a Tax Affidavit?

Yes. The Tax Affidavit is submitted to help explain the nature of the transaction and the validity of the claimed DTT exemption. Be sure to attach any required supporting documentation to prove that your claimed DTT exemption is valid.

I am recording an Affidavit of Death. Do I need to submit a Tax Affidavit?

No. The Tax Affidavit is currently only required for the following documents: Deeds (including Grant, Quitclaim, Interspousal, Trust Transfer and Warranty Deeds), Leases, Memorandum of Leases, Assignment of Leases, Easements, Deeds in Lieu of Foreclosure, Land Contracts and Agreements for Sale.

I am adding my spouse to title and I am claiming that the DTT exemption of “Gift”.  Do both of us need to sign the Tax Affidavit?

No. Only the Donor is required to sign the gift tax disclaimer under question 4 on the Tax Affidavit. The Tax Affidavit itself (2nd page) can be signed by either party or a representative with full knowledge of the transaction.