New Hampshire § 78-B:10 Declaration of Consideration Required

New Hampshire Statutes

§ 78-B:10 — Declaration of Consideration Required

New Hampshire·Title V TAXATION·Ch. 78-B TAX ON TRANSFER OF REAL PROPERTY

I. A declaration of consideration shall be filed separately by the purchaser, grantee, assignee, or transferee and by the seller, grantor, assignor, or transferor with the department of revenue administration for each transfer of real estate or interest therein. The commissioner of revenue administration shall adopt rules, pursuant to RSA 541-A, relative to the form of such declaration of consideration. Each form shall:

(a)Contain a conspicuous declaration of the price or consideration exchanged for the real estate transferred, which shall say substantially: " __________ (buyer's name) and ______________ (seller's name) agree and affirm that the full price or consideration paid for the real estate transferred by this deed is $ _____ . The tax due upon this transfer is calculated at $ ____

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I. A declaration of consideration shall be filed separately by the purchaser, grantee, assignee, or transferee and by the seller, grantor, assignor, or transferor with the department of revenue administration for each transfer of real estate or interest therein. The commissioner of revenue administration shall adopt rules, pursuant to RSA 541-A, relative to the form of such declaration of consideration. Each form shall:
(a) Contain a conspicuous declaration of the price or consideration exchanged for the real estate transferred, which shall say substantially: " __________ (buyer's name) and ______________ (seller's name) agree and affirm that the full price or consideration paid for the real estate transferred by this deed is $ _____ . The tax due upon this transfer is calculated at $ _____ per $100 or any part thereof, for an amount due of $ _____ (computed to the nearest whole dollar)."
(b) Contain a space immediately below the statement in subparagraph (a) for the dated signature of the purchaser, grantee, assignee, or transferee of the deeded real estate on their respective declaration of consideration and for the dated signature of the seller, grantor, assignor, or transferor of the deeded real estate on their respective declaration of consideration.
II. The declaration of RSA 78-B:10, I(a) shall be prima facie evidence of the price or consideration paid for the real estate.
III. A declaration shall not be required for the following:
(a) Transfers exempted by RSA 78-B:2, except transfers exempted by RSA 78-B:2, IX.
(b) Transfers involving only utility easements.
IV. The declarations required by this section shall be filed separately by the purchaser, grantee, assignee, or transferee, and the seller, grantor, assignor, or transferor with the department of revenue administration, no later than 30 days from the recording of the deed at the registry of deeds or transfer of real estate, whichever is later.
V. No deed, recording a transfer of real estate or any interest therein, executed before January 1, 1990, shall be required to comply with this section.
VI. Failure to comply with this section shall not be construed to cloud title.

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