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Fellow clerks – I wasn’t going to post this exchange with Mr. Farnham until
he responded to my second email.  He doesn’t seem inclined to answer at this
point, so I’ll post anyway.  Susie

 

From: Wilmington Town Clerk [mailto:[log in to unmask]] 
Sent: Wednesday, January 4, 2017 3:41 PM
To: 'Farnham, Douglas'
Subject: RE: PTTR clerk responsibility

 

Dear Mr. Farnham – first, thanks for your response.  I believe this statute
has been in place prior to either the initiation of the E-PTTR system or the
new myVTax system.  In my mind it generally refers to a transfer tax return,
filled out with all the necessary information.  I’d like to see the updated
regulation that empowers clerks with the specific authority/responsibility
to reject a PTTR if it is turned in on, for lack of better term, a so-called
out-dated form.  You can probably guess that I sincerely question that
either a specific statute or regulation exists, but if it does I would very
much like to read it.

 

I don’t believe a judge would impose a fine on a clerk who accepted an
out-dated form.  Isn’t that the test?

 

Earnestly - Susie

 

From: Farnham, Douglas [mailto:[log in to unmask]] 
Sent: Wednesday, January 4, 2017 3:30 PM
To: Wilmington Town Clerk
Subject: RE: PTTR clerk responsibility

 

Susie,

 

Below is the citation I was basing my statement on. My communication earlier
did not speak to the fines at all because I would exhaust every available
option working with a town clerk and try to come to an understanding about
the recording of property transfer returns before I resorted to fining a
town clerk (particularly during a transition period like this one). Growing
up in a small town in Vermont I understand how busy clerks can be and how
central their role is in the town office - I always strive for the
relationship between my Division and the Clerks to be a positive one. 

 

Please don’t hesitate if you have any further questions. 

 

http://legislature.vermont.gov/statutes/section/32/231/09608 

 

·         § 9608. Prohibition against certain recordings

(a) Except as to transfers which are exempt pursuant to subdivision 9603(17)
of this title, no town clerk shall record, or receive for recording, any
deed to which is not attached a properly executed transfer tax return,
complete and regular on its face, and a certificate in the form prescribed
by the Natural Resources Board and the Commissioner of Taxes that the
conveyance of the real property and any development thereon by the seller is
in compliance with or exempt from the provisions of 10 V.S.A. chapter 151.
The certificate shall indicate whether or not the conveyance creates the
partition or division of land. If the conveyance creates a partition or
division of land, there shall be appended the current "Act 250 Disclosure
Statement," required by 10 V.S.A. § 6007. A town clerk who violates this
section shall be fined $50.00 for the first such offense and $100.00 for
each subsequent offense. A person who purposely or knowingly falsifies any
statement contained in the certificate required is punishable by fine of not
more than $500.00 or imprisonment for not more than one year, or both.

(b) A person who makes a false certification under this section shall be
liable for damages caused by that false certification, in addition to any
existing liability created under the common law. (Added 1967, No. 146, § 1,
eff. Jan. 1, 1968; amended 1969, No. 250 (Adj. Sess.), § 30, eff. April 4,
1970; 1969, No. 291 (Adj. Sess.), § 16, eff. 60 days after April 9, 1970;
1971, No. 172 (Adj. Sess.), § 1; 1981, No. 38, § 3, eff. April 21, 1981;
1981, No. 223 (Adj. Sess.), § 23, 1987, No. 64, § 4; 1991, No. 111, § 9;
2003, No. 115 (Adj. Sess.), § 118, eff. Jan. 31, 2005; 2009, No. 160 (Adj.
Sess.), § 19; 2013, No. 11, § 25; 2013, No. 174 (Adj. Sess.), § 21, eff.
June 4, 2014.)

 

 

From: Wilmington Town Clerk [mailto:[log in to unmask]] 
Sent: Wednesday, January 04, 2017 2:58 PM
To: Farnham, Douglas <[log in to unmask]>
Subject: FW: PTTR clerk responsibility

 

Dear Mr. Farnham – I would very much appreciate the information I mentioned
below.  Thank you,  Susie Haughwout

 

From: Vermont Municipal Clerks Treasurers Association [
<mailto:[log in to unmask]> mailto:[log in to unmask]] On Behalf Of
Wilmington Town Clerk
Sent: Wednesday, January 4, 2017 1:12 PM
To:  <mailto:[log in to unmask]> [log in to unmask]
Subject: PTTR clerk responsibility

 

I would like to see the citation for either a statute or specific regulation
that gives clerks this “responsibility”.  

 

·         Clerks are responsible for ensuring that the proper form was used
by comparing the closing date to the form version; the fact sheet containing
all of the effective dates is found here:
http://tax.vermont.gov/research-and-reports/publications/fact-sheets/propert
y-owners. We are updating the sheet to reflect the new form version, and
will send it out to muninet once updated. In the meantime, the Department
will deal with any issues that arise from an improper form submission. The
Department expects clerks to reject forms with incorrect closing dates
according to the updated fact sheet.

 

 

Susie Haughwout

Wilmington Town Clerk

P. O. Box 217

Wilmington, VT 05363

Ph: 802-464-5836

Email:  <mailto:[log in to unmask]> [log in to unmask] 

 

Town Website:  <http://www.wilmingtonvermont.us/> www.wilmingtonvermont.us

 

Please note that this email message, along with any response or reply, is
considered public record, and thus, subject to disclosure under the Vermont
Public Records Law (1 V.S.A. § 315-320). Thank You.