3-33-070  Filing of real property transfer declaration.
   A.   At or before the time that the tax imposed by this chapter is due or, in the case of an exempt transfer, at or before the time that the deed, assignment or other instrument of transfer is delivered, there shall be filed with the department a real property transfer declaration signed by at least one of the transferors and also signed by at least one of the transferees, or by their respective attorneys or agents. The declaration shall be on a form prescribed by the comptroller, and shall contain such information as the comptroller may reasonably require. If the property is subject to Section 3-33-045, the declaration shall be accompanied by a certificate of compliance issued by the zoning administrator following a use analysis of the subject property pursuant to that section. An inspection fee for said use analysis is hereby set at $120.00, payable to the department. Such fee shall be the responsibility of the transferor.
   B.   If the declaration is signed by an attorney or agent on behalf of transferors or transferees who have the power of direction to deal with the title to the real property under a land trust agreement, the trustee being the mere repository of record legal title with a duty of conveying the real property only when and if directed in writing by the beneficiary or beneficiaries having the power of direction, the attorney or agent executing the declaration on behalf of the transferors or transferees shall not be required to identify the beneficiary or beneficiaries having the power of direction under the land trust agreement.
   C.   No transfer shall be exempt from the tax imposed by this chapter unless the declaration describes the facts supporting the exemption and is accompanied by such supporting documentation as the comptroller may reasonably require.
(Added Coun. J. 12-15-92, p. 27387; Amend Coun. J. 12-11-96, p. 36560; Amend Coun. J. 10-1-97, p. 53701; Amend Coun. J. 11-19-03, p. 14216, § 10.1; Amend Coun. J. 11-13-07, p. 15810, § 1; Amend Coun. J. 11-16-11, p. 13798, Art. I, § 3)