New Documentary Transfer Tax in California

The California Supreme Court just held that the County recorder could impose documentary transfer tax (“DTT”) on taxpayers who transfer interests in real estate-owning LLCs and other entities — not just on a transfer of the underlying real estate where a deed is recorded. The Los Angeles County recorder publicly stated on its web site that it would impose DTT on transfer of interests in an entity, even if a deed is not recorded, which results in a greater than 50% interest in control of the legal entity being transferred. In 926 North Ardmore, the Supreme Court held that Los Angeles County could impose DTT in these circumstances.