Pursuant to
Ohio Revised Code Section 319.202 (a), before the County Auditor
can endorse a conveyance the grantee (or representative) must submit either DTE
Form 100, declaring value if it is a taxable transfer, or DTE Form 100(EX),
explaining the reason for exemption,
"AND ANY OTHER INFORMATION AS
THE COUNTY AUDITOR MAY REQUIRE."
The Auditor can exercise this discretionary power by requesting of the applicant additional
information in the form of affidavits, deeds, trust documents, purchase
agreements, closing statements, court orders, resolutions from corporate boards
of directors, articles of incorporation, Internal Revenue Service exemption
certificates, or in any other form deemed necessary by the Auditor that
sufficiently substantiates the claim for exemption or verifies the
accuracy of information provided on the forms.
WHILE THE AUDITOR RESERVES THE RIGHT TO REQUEST SUCH INFORMATION IN
ANY AND ALL CASES, as a rule, affidavits will
always be required when a DTE Form 100(EX) is submitted
and exemption "b" or "m" is checked as the reason for exemption. Reason "b"
requests exemption because the property is transferred "Solely in order to
provide or release security for a debt or obligation" and reason "m" requests
exemption because the property is transferred
"To or from a person when no
money or other valuable and tangible consideration readily convertible into
money is paid or to be paid for the real estate and the transaction is not a
gift."
Additionally, an affidavit and/or closing statement will
always be required when a DTE Form 100 is submitted and
where the Auditor’s market value for the parcel is $ 100,000 or higher
and this exceeds the total consideration by 15% or
more. When the Auditor’s market value for the parcel is under $100,000
and this exceeds the total consideration by 25% or
more, an affidavit and/or closing statement will
always
be required.
In cases where vacant land is transferred, if the
Auditor’s market value is $ 50,000 or higher
and
this exceeds the total consideration by 15% or more, an affidavit
and/or closing statement will
always be required.
