Are court-ordered title transfers subject to the sales or use tax?
Generally no, if the court ordered the transfer of title without consideration (divorce, dissolution, estate settlement, etc.). If, however, the court orders the transfer of title and requires the new titleholder to give consideration (including cancellation of debt), the transfer is subject to sales or use tax. The tax base is the actual amount paid. If no consideration and a court order, use ATPS exemption codes “CO: Court-ordered transfer with no consideration” or “DV: Divorce – court-ordered transfer with no consideration” or “IH: Inheritance with no consideration, includes surviving spouse.”
Are court-ordered title transfers subject to the sales or use tax?
Generally no, if the court ordered the transfer of title without consideration (divorce, dissolution, estate settlement, etc.). If, however, the court orders the transfer of title and requires the new titleholder to give consideration (including cancellation of debt), the transfer is subject to sales or use tax. The tax base is the actual amount paid. If no consideration and a court order, use ATPS exemption codes “CO: Court-ordered transfer with no consideration” or “DV: Divorce – court-ordered transfer with no consideration” or “IH: Inheritance with no consideration, includes surviving spouse.”
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