Real Property Transfers and Conveyances
INTRODUCTION
As adopted under Ohio Revised Code (ORC) Section 319.203,
effective
REQUIRED DOCUMENTS
A.
B. Evidence of Title (usually a deed or court order) bearing the last known address of the grantee and reference to the recorded instrument through which the grantor claims title. Based upon the content of the documents listed above, the following documents or information may also be required:
1. Statement of
Conveyance of
2. Statement of Conveyance of Current Agricultural Use Value Property (DTE Form 102) is required if the grantor (seller) of property being conveyed was qualified for the current agricultural us valuation (CAUV) for the preceding or current tax year.
C. A boundary survey is required when any
tract, lot or parcel that is being conveyed is not described in the same manner
as the same tract, lot or parcel was described in the immediately preceding
conveyance of record. A plat of the
boundary survey must be submitted to the
D. The consolidation of parcels, of same ownership, requires a Plat of Survey. The plat must meet the requirements of Section 11-3 and 11-4 of the Hamilton County Transfer and Conveyance Standards, contain deed reference of the consolidated parcels and the Book, Page, Parcel numbers of the consolidated parcels.
AFFIDAVITS
The Auditor can exercise the discretionary power [ORC 319.202 (a)] of requesting the applicant to provide additional information in the form of affidavits, deeds, trust documents, purchase agreements, closing statements, court orders, or any other document deemed necessary by the Auditor that sufficiently substantiates the claim for exemption or verifies the accuracy of information provided on the forms.
While the Auditor reserves the right to request such information in any and all cases, as a rule, affidavits will always be required when a DTE Form 100 EX is submitted and exemptions “b” or “m” is checked as the reason for exemption.
The following fees apply in
| State of Ohio Conveyance Fee | .10/Hundred of the sale price (or 1.00/Thousand of the sale price) |
| HamiltonCounty Permissive Tax | .20/Hundred of the sale price (or 2.00/Thousand of the sale price) |
| State of Ohio Transfer Tax | .50/Parcel |
EXAMPLE A
| Sale Price: | $135,000 | |
| Number of Parcels: | 2 | |
| Conveyance Fee: | 1350 x .10 | $135.00 |
| Permissive Tax: | 1350 x .20 | $270.00 |
| Transfer Tax: | 2 Parcels x .50 | $1.00 |
| TOTAL | $406.00 |
EXAMPLE B
| Sale Price: | $250,300 | |
| Number of Parcels: | 3 | |
| Conveyance Fee: | 2503 x .10 | $250.30 |
| Permissive Tax: | 2503 x .20 | $500.60 |
| Transfer Tax: | 3 Parcels x .50 | $1.50 |
| TOTAL | $752.40 |
FORMS
All forms must be typed or clearly printed. Please only write in the section below “GRANTEE OR REPRESENTATIVE MUST COMPLETE ALL QUESTIONS IN THIS SECTION”.
Real Property
Conveyance Fee Statement of Value And Receipt
Questions 1 – 5 provide the office with Grantor (Seller) Name, Grantee (Buyer) Name, Address of Property (please provide actual street number and name), Grantee’s Permanent Mailing Address (future mailings from the Auditor’s office may be mailed to this address) and Tax Billing Address (future tax bills will be mailed to this address).
Question 6 – Are there buildings on the land?
If “yes” check appropriate type of building. If you check “Apartment” you must include Number of Units.
If “no” you must provide explanation for
intended use.
Question 7 –
Condition of
Question 8 – Answer questions A through I.
Question 9 – Grantor indicates whether this property is entitled to the Homestead Reduction for the preceding or current tax year. (If “Yes” DTE Form 101 Required)
Question 10 – Grantor indicates whether this property qualifies for current agricultural use valuation for the preceding or current tax year. (If “Yes” DTE Form 102 Required)
Question 11 – Is an application for 2 ½ % Reduction. Will this property be grantee’s (buyers) principal residence by January 1 next year? (Notice: failure to complete this application prohibits the owner from receiving this reduction until another proper and timely application is filed).
Statement Of Reason For Exemption From Real Property Conveyance Fee
Questions 1 – 5 provide the office with Grantor (Seller) Name, Grantee (Buyer) Name, Address of Property (please provide actual street number and name), Grantee’s Permanent Mailing Address (future mailings from the Auditor’s office may be mailed to this address) and Tax Billing Address (future tax bills will be mailed to this address).
The following are the reasons for exemption as listed on DTE Form 100 EX:
a. To or from
the United States, this state, or any instrumentality, agency, or
political subdivision of the United
States or this state;
b. Solely in
order to provide or release security for a debt or obligation; (must include
affidavit of facts)
c. To confirm
or correct a deed previously executed and recorded;
d. To evidence a
gift, in any form, between husband and wife, or parent and child or the spouse
of either;
e. On sale for
delinquent taxes or assessments;
f. Pursuant to
court order, to the extent that such transfer is not the result of a sale
effected or completed pursuant such order;
g. Pursuant to
a reorganization of corporation or unincorporated associations or pursuant to
the dissolution of a corporation, to the extent that the corporation conveys
the property to a stockholder as a distribution in kind of the corporation’s
assets in exchange for the stockholder’s shares in the dissolved corporation;
h. By a
subsidiary corporation to its parent corporation for no consideration, nominal
consideration, or in sole consideration of the cancellation or surrender of the
subsidiary’s stock;
i. By lease,
whether or not it extends to mineral rights, unless the lease is for a term of
years renewable forever;
j. When the
value of the real property or interest in real property conveyed does not
exceed one hundred dollars;
k. Of an
occupied residential property being transferred to the builder of a new
residence when the former residence is traded as part of the consideration for
the new residence;
l. To a grantee
other than a dealer in real property, solely for the purpose of and as a step
in, its prompt sale to others;
m. To or from a
person when no money or other valuable or tangible consideration readily
convertible into money is paid or to be paid for the real estate and the
transaction is not a gift; (must include affidavit of facts)
n. To an heir or
devisee, between spouses or to a surviving spouse, from a person to himself and
others, to a surviving tenant, or on the death of a registered owner;
o. To a trustee
acting on behalf of minor children of the deceased;
p. Of an
easement or right-of-way when the value of the interest conveyed does not
exceed one thousand dollars;
q. Of property
sold to a surviving spouse pursuant to section 2106.16 of the Revised Code;
r. To or from
an organization exempt from federal income taxation under section 501(c)(3) of
the Internal Revenue Code, provided such transfer is without consideration and
is furtherance of the charitable or public purpose of such organization;
s. Among the
heirs at law or devisees, including a surviving spouse of a common decedent,
when no consideration in money is paid or to be paid for the real property;
t. To a trustee
of a trust, when the grantor of the trust has reserved an unlimited power to
revoke the trust;
u. To the
grantor of a trust by a trustee of the trust, when the transfer is made to the
grantor pursuant to the exercise of the grantor’s power to revoke the trust or
to withdraw trust assets;
v. To the
beneficiary of a trust if the fee was paid on the transfer from the grantor of
the trust to the trustee or pursuant to trust provisions that became
irrevocable at the death of the grantor;
w. To a
corporation for incorporation into a sports facility constructed pursuant to
section 307.696 [307.69.6] of the Revised Code.