The Documentary Transfer Tax Affidavit is the two-page Transfer Tax Affidavit issued by the County of Santa Barbara Clerk, Recorder, and Assessor (Clerk-Recorder) to explain a transfer of real property and figure the transfer tax due on it. Among Santa Barbara County property tax resources, this one covers the county's Real Property Transfer Tax Code, not a tax bill. On this page you can fill out the form online on FillingPDF and download or print the completed PDF; the form is published by the Santa Barbara County Clerk-Recorder.
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What is Documentary Transfer Tax Affidavit – Santa Barbara County, CA?
The Documentary Transfer Tax Affidavit, printed by the County of Santa Barbara Clerk, Recorder, and Assessor as the Transfer Tax Affidavit, is a sworn statement that describes a transfer of real property and shows whether transfer tax is due, why it is not, or how much is owed.
The form identifies the property by Assessor's Parcel Number and street address and describes the document to be recorded. It then works through a series of yes/no questions that sort the transfer:
- transfers into or out of a trust, including a change of trustee, a revocable trust and a refinance;
- interspousal transfers;
- foreclosures and trustee's sales;
- gifts, in whole or in part;
- leases that are not oil and gas leases;
- transfers given to secure a debt;
- claims that no tax is due for another reason under Revenue and Taxation (R & T) Code section 11911 or section 11930.
Taxable transactions are calculated in question 9, lines a through e. The affidavit is signed under penalty of perjury. A notice at the top warns that a material misrepresentation of fact is a misdemeanor under section 32-47 of the Santa Barbara County Real Property Transfer Tax Code, and that the Clerk-Recorder may report potentially fraudulent recordings to the District Attorney's Real Estate Fraud Unit.
Who needs to file Documentary Transfer Tax Affidavit – Santa Barbara County, CA?
The form is completed for a transfer of real property in Santa Barbara County whose document is to be recorded with the Clerk-Recorder. It is signed by the transferee or the transferor, or by an agent of either one.
How you use it depends on the transfer:
- Trust transfers: answer question 2. A change of trustee only, a transfer to or from a revocable trust where the trustors or settlors are the grantors or grantees, and a transfer for refinancing only are each signed at the bottom of page 2. A transfer with consideration, such as a sale to or from a trust, goes to question 9.
- Interspousal transfers: answer yes to question 3 and sign at the bottom of page 2.
- Foreclosures and trustee's sales: complete question 4.
- Gifts: the donor explains the gift and signs as Donor and at the bottom of page 2.
- Oil and gas leases, mineral deeds and assignments: the form states they are subject to tax regardless of the term of the lease.
- Transfers involving legal entities that claim an exemption: attach the entity documents listed in question 8.
When to file Documentary Transfer Tax Affidavit – Santa Barbara County, CA
The form prints no due date of its own. It describes the document to be recorded, so you complete it for the transfer whose document is being recorded with the Clerk-Recorder. Contact the office to confirm timing for your recording.
One timing rule is printed on the form. If you add or remove a co-owner for refinancing purposes (question 7a), you initial a statement that the proportional ownership interest will revert to its original holding within one month from the date of recording. Otherwise you will pay the applicable transfer tax.
Documents you need
- A copy of the lease or a summary of its terms, if the lease is not an oil and gas lease and its remaining term, including renewal options, is greater than 35 years (question 6b).
- Copies of records or documents supporting your claim, if you contend no transfer tax is due for a reason not explained in questions 1-7 (question 8a).
- Articles of Incorporation, Operating Agreement of an LLC, or Partnership Agreement, if the transfer involves a legal entity (question 8).
- The names of the individuals and the specific percentages held by each individual both before and after the transfer, if the transfer involves a legal entity (question 8).
- Additional papers explaining the nature of the transaction and why no tax is due, if the space on the form is not enough (question 8a).
How to fill out Documentary Transfer Tax Affidavit – Santa Barbara County, CA
Identify the property and document
In question 1, enter the Assessor's Parcel Number and the street address, then describe the document or documents to be recorded.
Answer the trust questions
In question 2, answer Yes or No for a transfer into or out of a trust. If Yes, answer 2a through 2d in order and follow the instruction after each answer: sign at the bottom of page 2, or go to question 9, or go to question 3.
Answer the interspousal question
In question 3, mark Yes or No. If Yes, sign at the bottom of page 2; if No, go to question 4.
Complete the foreclosure section
In question 4, mark Yes or No for a foreclosure or trustee's sale. If Yes, answer 4a on whether the transferee is the Beneficiary or Mortgagee, give the Name of Trustee and the date of the original deed of trust in 4b, and enter the amount of consideration paid or value in 4c and on line 9a.
Explain any gift
In question 5, mark Yes or No. If Yes, give a complete explanation, enter the names of the transferor/donor and transferee/donee, and have the donor sign the gift-tax acknowledgment with a phone number.
Complete the lease section
In question 6, mark whether this is a non-oil and gas lease. If Yes, answer whether the remaining term including renewal options is greater than 35 years, submit a copy of the lease or a summary of terms, and enter the value of the lease interest here and on line 9a.
Complete the debt-security section
In question 7, mark Yes or No for a transfer given to secure a debt. For a refinancing co-owner change, initial 7a, or initial 7b when removing a co-owner, and explain in question 8a.
Explain any other exemption
In question 8, mark Yes or No. If Yes, explain under 8a the nature of the transaction and why you contend no tax is due under R & T Code section 11911 or 11930, and attach supporting records and any entity documents.
Calculate the taxable transaction
In question 9, enter the consideration paid or value on line a and the full cash value less liens on line b. Enter any loan amount assumed on line c, compute line d as line A minus line C, and calculate the tax due on line e as the form directs.
Sign and date the affidavit
At the bottom of page 2, mark whether you are the Transferee, Transferor, or an agent of either, then sign and print your name. Enter your address (or check the box if it matches question 1), phone number, place of execution and date of execution.
Review and download the PDF
Check every yes/no routing and every line in question 9, then download or print the completed PDF from FillingPDF and take it to the Clerk-Recorder as described under How to submit.
How to submit Documentary Transfer Tax Affidavit – Santa Barbara County, CA
The form prints no submission method or channel of its own. It carries the contact details of the Santa Barbara County Clerk-Recorder, the office that records the document it describes:
- Office: Hall of Records, 1100 Anacapa Street, Santa Barbara, CA 93101.
- Mailing address: PO Box 159, Santa Barbara, CA 93102-0159.
- Phone: (805) 568-2250. Fax: (805) 568-2266.
- Email: [email protected].
- Website: www.sbcrecorder.com. The county's forms page is https://www.countyofsb.org/acr-clerk-recorder-forms.
Sign the affidavit at the bottom of page 2 and enclose any supporting records the questions you answered require. Ask the Clerk-Recorder how to deliver the affidavit together with the document to be recorded, and about any recording fee. FillingPDF lets you fill out and download the PDF; submission follows the channels above.
Common mistakes to avoid
- Making a material misrepresentation of fact; the notice on the form calls it a misdemeanor under section 32-47 of the Santa Barbara County Real Property Transfer Tax Code.
- Answering the trust questions out of order. Question 2a, 2b and 2c each send a yes answer to the signature, while 2d sends a yes answer to question 9.
- Reporting a gift without the complete explanation, or without the donor signing both in the donor block and at the bottom of page 2.
- Treating an oil and gas lease, mineral deed or assignment as exempt because of its term; the form says these are subject to tax regardless of the term of the lease.
- Leaving out the initials in question 7a or 7b when adding or removing a co-owner for refinancing purposes.
- Claiming that no tax is due under question 8 without explaining the nature of the transaction and the reason, or without attaching supporting records.
- Omitting the entity documents and the before-and-after ownership percentages when a legal entity is involved in a claimed exemption.
- Entering the tax on line 9e without first completing lines 9a through 9d; line 9d is line A minus line C, and the tax is figured on line D.
- Leaving the signature, print name, address, place of execution or date of execution blank at the bottom of page 2.
Frequently asked questions
What is the Documentary Transfer Tax Affidavit?
It is the Santa Barbara County Clerk-Recorder's Transfer Tax Affidavit, a sworn statement describing a real property transfer and showing whether transfer tax is due, exempt or how much is owed. It is signed under penalty of perjury.
Do I fill out the whole form for a revocable trust transfer?
No. If the transfer is to or from a revocable trust where the trustors or settlors are the grantors or grantees, answer Yes to question 2b and sign at the bottom of page 2. The same applies to a change of trustee only or a refinance-only transfer.
What do I do if the transfer is a gift?
Answer Yes to question 5, give a complete explanation, name the donor and donee, and have the donor sign the acknowledgment and the bottom of page 2. The form warns that certain gifts may trigger a Federal Gift Tax and require Form 709.
What if I think no transfer tax is due for another reason?
Answer Yes to question 8 and explain the nature of the transaction and why you contend no tax is due under R & T Code section 11911 or 11930. Attach supporting records; transfers involving legal entities must also provide the entity documents and ownership percentages.
How is the transfer tax calculated on this form?
Question 9 does it in steps: enter consideration or value on line a, subtract any assumed loan on line c to get line d, then calculate the tax due on line e following the increment method and worked example printed on the form.
Who can sign the affidavit?
The transferee, the transferor, or an agent of either. For a gift, the donor also signs in the gift section. Everyone signs under penalty of perjury, so enter your print name, address, place and date of execution.
What happens if the affidavit contains false information?
The form states that any material misrepresentation of fact is a misdemeanor under section 32-47 of the Santa Barbara County Real Property Transfer Tax Code. The Clerk-Recorder may also report potentially fraudulent recordings to the District Attorney's Real Estate Fraud Unit.
Can I fill out the Santa Barbara County transfer tax affidavit online?
You can fill out the PDF online on FillingPDF and download or print it. FillingPDF is an independent service and does not file or record anything; you deliver the form to the Clerk-Recorder through the office's own channels.
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