Is a donated deed subject to transfer tax in San Jose?+
California counties charge documentary transfer tax at $0.55 per $500 of consideration, and San Jose adds a city transfer tax at higher value bands. Transfers without consideration are treated differently, and we confirm the treatment for your deed before recording. Where the tax falls on the grantee, we pay it.
I live outside California. Do I have to come to San Jose to sign?+
No. We prepare the deed in the form California requires, you sign before a notary where you live, and we record it with the Santa Clara County Clerk-Recorder.
Will donating trigger a reassessment for my family?+
A transfer to a charity is a change of ownership for the property being given, so it is reassessed in the charity’s hands, not yours. What matters more to most families is the opposite question: what Proposition 19 did to the parent-to-child exclusion on property they keep. See Proposition 19 and inherited property.
My house has unpermitted additions. Does that stop a donation?+
No. We do not ask for permits to be regularized, repairs to be made or work to be undone before a transfer. Tell us what was done and roughly when, because it affects value rather than acceptance.
Does California give a state deduction for a property donation?+
California has a personal income tax, and how it treats a charitable contribution is set by California law rather than by us. Your federal deduction follows the usual IRS rules. Take the state question to your own advisor.
We do not provide tax or legal advice. State and local transfer tax rules change; we confirm current requirements when we prepare each deed. Consult your own advisor.