Bill Text - HB504 (2005)

Relative to the assessment or refund of real estate transfer taxes, and the recording of plans with the register of deeds.


Revision: Jan. 21, 2010, midnight

CHAPTER 31

HB 504 – FINAL VERSION

23Mar2005… 0352h

2005 SESSION

05-0594

10/01

HOUSE BILL 504

AN ACT relative to the assessment or refund of real estate transfer taxes, and the recording of plans with the register of deeds.

SPONSORS: Rep. Patten, Carr 4

COMMITTEE: Municipal and County Government

ANALYSIS

This bill allows the commissioner of revenue administration to assess additional taxes due or to refund overpayments of taxes on transfers of real property under RSA 78-B. The bill also corrects a statutory reference to the filing of certain floor plans with the register of deeds.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

23Mar2005… 0352h

05-0594

10/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Five

AN ACT relative to the assessment or refund of real estate transfer taxes, and the recording of plans with the register of deeds.

Be it Enacted by the Senate and House of Representatives in General Court convened:

31:1 New Section; Real Property Transfer Tax; Procedure for Assessment or Refund. Amend RSA 78-B by inserting after section 9 the following new section:

78-B:9-a Procedure for Assessment or Refund of Tax.

I. Pursuant to the power granted under RSA 78-B:9, the commissioner may assess and collect additional tax, penalties, or interest imposed under this chapter or RSA 21-J, or refund any overpayment of tax paid under this chapter.

II.(a) Upon completion of the assessment and collection of additional tax, the commissioner shall issue to the register of deeds of the county in which the real estate is located notice of the additional tax collected. Such notice shall indicate the following:

(1) The names of the grantor and grantee.

(2) The book and page number of the deed to which the additional tax relates.

(3) The amount of the tax originally paid.

(4) The amount of the additional tax collected.

(5) The location of the property.

(b) Upon receipt of the notice of additional tax collected, the register of deeds shall:

(1) Attach to the notice new tax stamps reflecting the amount of the additional tax collected; and

(2) Record the notice with the new stamps affixed with no additional charge to the state.

III.(a) Upon completion of the refund of tax the commissioner shall issue to the register of deeds of the county in which the real estate is located notice of the refund of tax issued. Such notice shall indicate the following:

(1) The names of the grantor and grantee.

(2) The book and page number of the deed to which the refund or credit of tax relates.

(3) The amount of the tax originally paid.

(4) The amount of the refund of tax issued.

(5) The location of the property.

(b) Upon receipt of the notice of refund, the register of deeds shall record the notice.

IV. At the same time the notice of additional tax is forwarded to the register of deeds pursuant to paragraph II, the commissioner shall certify to the state treasurer the amount of 4 percent of the additional tax assessed and collected, such amount to be paid within one month of the certification to the register of deeds. The amount paid to the register of deeds hereunder shall constitute the total payment for services related to the affixing of tax stamps to and recording of the notice of additional taxes required by subparagraph II(b).

V. On or before the end of the month following the month in which the commissioner forwards a notice of refund pursuant to paragraph III, the register of deeds shall add to said month’s remission of taxes collected required by RSA 78-B:4, II, the amount of 4 percent of the tax refunded.

31:2 Unit Ownership of Real Property; Copies of Plans; Reference Corrected. Amend RSA 479-A:12 to read as follows:

479-A:12 Copy of Floor Plans To Be Filed. Simultaneously with the recording of the declaration, there shall be filed in the office of the recording officer a set of the floor plans of the building showing the layout, location, unit numbers, and dimensions of the units, stating the name of the building or that it has no name. Those portions of the plans prepared by a licensed land surveyor shall bear the verified statement of a licensed land surveyor and all other portions of the plans shall bear the verified statement of a licensed architect or a licensed professional engineer certifying that they are accurate copies of portions of the plans of the building as filed with and approved by the municipal or other governmental subdivision having jurisdiction over the issuance of permits for the construction of buildings, if any. Said plans shall be drawn in full compliance with the requirements as to material, markings, size, and other specifications as set forth in RSA [478:13-a in those counties which have adopted the provisions of RSA 478:13-a] 478:1-a. If such plans do not include a verified statement by such land surveyor and architect or engineer that such plans fully and accurately depict the layout, location, unit designations, and dimensions of all of the units as built, there shall be recorded prior to each first conveyance of any particular unit with respect to which such a statement was not made an amendment to the declaration to which shall be attached a verified statement of a licensed land surveyor as to the portions of plans prepared by a licensed land surveyor and a verified statement of a licensed architect or a licensed professional engineer as to all other portions of plans certifying that the plans theretofore filed, or being filed simultaneously with such amendment, fully and accurately depict the layout, location, unit designations, and dimensions of such particular unit as built. Such plans shall be kept by the recording officer, indexed in the same manner as a conveyance entitled to record.

31:3 Effective Date. This act shall take effect 60 days after its passage.

(Approved: May 10, 2005)

(Effective Date: July 9, 2005)

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