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Signatures on PTTR's
Hi Deb,
 
Thanks for your opinion on this matter.  This issue has been bantered around for a number of years, and it would seem that the preparers of the PTRS should be the ones held accountable, not the Town Clerks.  It is burdensome enough to read the deeds, looking for the mention of a survey, without having to "proof read" the PTRs on behalf of the attorneys etc.  Why should the individual municipalities and/or their Town Clerks have to take on the additional postage costs etc. of returning defective documents while at the same time "battling" with those submitting the actual documents?
 
Thanks.  Linda
----- Original Message -----
From: [log in to unmask] href="mailto:[log in to unmask]">Deborah Markowitz
To: [log in to unmask] href="mailto:[log in to unmask]">[log in to unmask]
Sent: Wednesday, April 25, 2007 3:01 PM
Subject: Re: Signatures on PTTR's

Hi all,  The town clerks may only accept PTRs that are "complete and regular on their face."  Over the years the tax department has "clarified" what this means.  For example, at one time the department indicated that clerks needed to send back the documents when they did not include social security numbers. I have suggested to Susan that she write up a formal memo setting out the department's interpretation of this language so that clerks all know what is required and so that clerks can send a copy of the memo with the returned documents to the attorneys.  I will also be happy to send the memo to the bar association so that they might e-mail it out to the bar as fair warning.  Deb 
 

Deborah Markowitz

Secretary of State

26  Terrace Street

Montpelier, Vermont 05602

802-828-2148

 

 


From: Vermont Municipal Government Discussion Network [mailto:[log in to unmask]] On Behalf Of Linda L. Spence, CMC/CVC
Sent: Wednesday, April 25, 2007 12:09 PM
To: [log in to unmask]
Subject: Re: Signatures on PTTR's

Perhaps, if Deb Markowitz is watching this conversation, she could "chime in" on this.  I still maintain that is not the statutory duty of Town Clerks to monitor what the attorneys are or are not filling in on the PTRs.  Linda
----- Original Message -----
From: [log in to unmask] href="mailto:[log in to unmask]">Monte, Suzanne
To: [log in to unmask] href="mailto:[log in to unmask]">[log in to unmask]
Sent: Wednesday, April 25, 2007 10:54 AM
Subject: Re: Signatures on PTTR's

While all of the information requested on the PTR is useful and we encourage parties to fill in all the boxes and blanks, we recognize that refusing a PTR is an extreme and time-consuming measure not to be taken lightly.

Sections 9606 and 9608 of Title 32 require a PTR to include the following: signatures of the parties or their legal representatives, the basis for any exemption claimed, the true value of the property transferred, such information as the commissioner may reasonably require for proper administration of the transfer tax, and certain information regarding local and state permits and Act 250 certificates.

What does this means on the PTR itself for it to be considered "complete and regular on its face" as required by 32 V.S.A. 9607? The following sections must be completed: Sections A and B (including social security numbers); C; L or M through P; the section entitled "Local and State Permits and Act 250 Certificates"; and the parties must sign the form (signature of preparer is not required). If the property is enrolled in the current use program, Section K must also be filled in to comply with 32 V.S.A. 3757(e).

Social security numbers are required for the administration of the transfer tax and must be included on the copy of the PTR filed with the Tax Department. SSNs should be blacked-out on the copy of the PTR filed in the land records.

Suzanne

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]

 



From: Vermont Municipal Government Discussion Network [mailto:[log in to unmask]] On Behalf Of Thomas J. Dailey
Sent: Tuesday, April 24, 2007 11:00 AM
To: [log in to unmask]
Subject: Re: Signatures on PTTR's

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


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]



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: [log in to unmask] href="mailto:[log in to unmask]">May, Toni
To: [log in to unmask] href="mailto:[log in to unmask]">[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