The Realty Transfer Act (15-7-300, MCA) lets us serve property owners in two ways:
- By quickly and efficiently updating property records; and
- By collecting sale price information we use to mass appraise real property in Montana
Reporting
When real estate changes owners, you must file a Realty Transfer Certificate (Form RTC) with the County Clerk and Recorder at the same time as the deed.
Both seller (grantor) and buyer (grantee) names must be identical on the Form RTC and the accompanying deed. (15-7-304 and 15-7-305, MCA)
The information needed for the RTC includes:
- The last four digits of the Social Security or Federal Employment Identification Number of everyone involved in the transfer
- If a foreign national is involved, include the Individual Taxpayer Identification number
What is Real Estate?
Real estate includes:
- Land
- Growing timber
- Buildings
- Structures
- Fixtures
- Fences
- Other improvements affixed to land
Exceptions From Providing Sales Price
An RTC doesn’t need to include the amount paid for the real estate if it is:
- A gift
- A transfer in contemplation of death without consideration
- A transfer between spouses or parent and child for nominal consideration
- A transfer of property of the estate of a decedent
- A transfer by government agency
- A correction, modification, or supplement of an earlier record
- A termination of joint tenancy by death
- A termination of life estate by death
- A transfer pursuant to court decree, except for a sheriff’s sale
- A tax deed
- A merger, consolidation, or reorganization of a business entity
- Land eligible for timberland or forestland classification (15-44-103, MCA)
- Land eligible for agricultural classification (15-7-201, MCA)
- A transfer to a revocable living trust