Real Property Law
Cal. Real. Prop. Journal 2015, VOL. 33, NO. 3
Content
- 2014-2015 Executive Committee of the Real Property Law Section
- 2015 Law Student Writing Competition Winning Article: Mitigating the Ongoing Impact of the Subprime Mortgage and Foreclosure Crisis: Lessons from Oakland and Richmond, California
- Advisory Board
- California Documentary Transfer Tax (and Other Fees & Charges At Closing)*
- California Licensing Requirements for Unregulated Lenders and Intermediaries
- California Real Property Journal Editorial Staff
- MCLE Self-Study Article: Beware the "Security Side Deal" in Multi-Debtor Real Estate Secured Obligations: First California Bank v. McDonald
- Message from the Journal Committee Chair
- Real Property Law Section
- Table of Contents
- 2015 Update: Transfer Taxes in California
2015 Update: Transfer Taxes in California
Dena M. Cruz
Dena M. Cruz is counsel at Bryan Cave, LLP and a former member of the Executive Committee of the Real Property Section of the State Bar of California. The author would like to thank and acknowledge Scott Rogers of Rutan & Tucker for his work on an earlier transfer tax article published by the Journal in 2005.
I. Introduction
California, like nearly all states, requires the payment of a tax on most instruments transferring an interest in real property. The amount of the tax, and the rules and practices regarding such taxes, vary greatly across the state. As a consequence, a clear understanding of the California transfer tax framework is required to avoid unnecessary confusion, delay, and expense in closing California real property transactions. This article will outline the transfer tax system in California, provide a summary of the major exemptions to the tax, and discuss certain common practices relating to the California Documentary Transfer Tax Act.