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Suzanne - Does the signature requirement also apply to the preparer line?
Some attorneys are reluctant to sign the returns they prepare - Tom

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From: Vermont Municipal Government Discussion Network
[mailto:[log in to unmask]] On Behalf Of Monte, Suzanne
Sent: Tuesday, April 24, 2007 10:34 AM
To: [log in to unmask]
Subject: Re: Signatures on PTTR's



Hi all,

Town clerks cannot perform their statutory duties if a PTR is not signed. 

Section 9606(b) of Title 32 of the Vermont Statutes Annotated requires a PTR
to be signed by each party. Section 9607 requires a PTR to be complete and
regular on its face for a town clerk to issue a signed and written
acknowledgment to the transferee and to affix an acknowledgment on the deed.
If the PTR is not signed, it is not complete and the town clerk cannot issue
an acknowledgment to the transferee or affix an acknowledgment on the deed.

In addition, per 32 V.S.A. 9608 a town clerk cannot record a deed unless it
is affixed with an acknowledgment of return and tax payment under Section
9607 and a signed certificate that the conveyance is in compliance with or
exempt from the provisions of chapter 151 of Title 10. The required
certificate is on page two of the PTR. Therefore, a town clerk cannot enter
the required acknowledgment on a deed or record a deed until he/she receives
a signed PTR.

Suzanne M. Monte 
Assistant Attorney General 
Vermont Department of Taxes, 
Division of Property Valuation and Review 
P.O. Box 429 
Montpelier, VT  05601-0429 
Phone: (802) 828-2731 
Fax: (802) 828-5873 
[log in to unmask] 


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From: Vermont Municipal Government Discussion Network
[mailto:[log in to unmask]] On Behalf Of Linda L. Spence, CMC/CVC
Sent: Monday, April 23, 2007 4:06 PM
To: [log in to unmask]
Subject: Re: Signatures on PTTR's


Hi Toni,
 
While I can understand your frustration at the lack of thoroughness of the
PTTR's being completed by Attorneys etc.,  no where in state statute are we
authorized to refuse anything for recording, barring the total absence of a
PTTR or a survey mentioned in the deed.
 
It would appear that your issue is with those preparing the PTTRs
themselves, and not the Town Clerks.
 
Linda

----- Original Message ----- 
From: May, Toni <mailto:[log in to unmask]>  
To: [log in to unmask] 
Sent: Monday, April 23, 2007 10:26 AM
Subject: Signatures on PTTR's




Many PTTR's are being submitted to the Tax Dept. without both sellers and
buyers signatures. 
I would like to remind all town clerks that when a PTTR is filed, signatures
by each of the parties or their legal representatives are required. 32 V.S.A
9606 (b).

To avoid any confusion in the future, I ask that town clerks please double
check PTTR's when they are submitted to their office. If they do not contain
the required signatures, please send them back to the preparer to be filled
out properly. 

I appreciate your time and cooperation in this matter. 

Thank You 
Toni May,Tax Examiner 
Vermont Property Transfer Tax