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September 1999


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Marshfield Town Clerk <[log in to unmask]>
Reply To:
Vermont Municipal Government Discussion Network <[log in to unmask]>
Wed, 29 Sep 1999 15:55:17 -0400
text/plain (40 lines)
Reply to Mary Jane Grace:

"in the creation of a joint tenancy or tenancy by the entirety through the
use of a straw conveyance" - I'm not a lawyer.  Is this what is happening
in my situation?  The landowner was using an attorney to subdivide her land
into two parcels.  Is that what is meant by the terminology above?

And do the Tax Department's rules supercede the statutes, which require a
transfer with every deed, and only allow an exception for utility easements?


At 12:19 PM 9/29/99 -0400, you wrote:
>Muni folks:
>I'm responding to the question posed by Bobbi Brimblecombe recently on how
many property transfer tax returns must be filed.
>The Department of Taxes policy is spelled out in Reg. 1.9606-1(b).  It says,
>         (b) Returns covering more than one Deed.  When two or more Deeds
are executed simultaneously in a transaction which effectively results in
only a single conveyance to one or more transferees, one property transfer
return may be filed in respect of the deeds.
>         For example, in the creation of a joint tenancy or tenancy by the
entirety through the use of a straw conveyance, or in certain
sale-leaseback arrangements, the actual conveyance to the ultimate
transferees must be the subject of the property transfer return.
>I hope this helps.  Feel free to contact us if you have other questions.
>                           Mary Jane Grace
>                           Property Valuation and Review Division
>                           Vermont Dept. of Taxes
>                                 Ph. 802-828-5863
>                             [log in to unmask]
>Attachment Converted: "c:\eudora\attach\Whatwoul.htm"