Did California need a nominee lien after a taxpayer quitclaimed already-liened property for no consideration?

Short answer No. The existing state tax lien attached before the quitclaim and followed the property, so the transferee took it subject to that lien.
State
CA
Ruling
Annotation 170.0066
Tax type
Sales and Use Tax
Issued
1995-11-20
Issued by
California State Board of Equalization
Requested by
The Board's Supervisor of Collections

Apply this to your situation

This page answers the general question as of 1995. Ask about yours and see what current California tax law says, with citations.

Currency note: this ruling is from 1995
Subsequent statutory amendments, regulation changes, court decisions, or later rulings may have changed the analysis. Treat this page as historical context, not current tax advice. Verify current law before relying on any specific rule, rate, or position mentioned here.
Disclaimer: This November 20, 1995 internal memorandum assumes a valid county-recorded tax lien attached before the no-consideration quitclaim. It is historical staff advice, not a current title opinion. Lien validity, recording location and date, property ownership, transfer terms, purchaser protections, release history, and current lien and real-property law control.
About this page: The plain-English summary, reader guidance, and Q&A below were written by Ezel based on the official state tax ruling. The original ruling (linked on this page as a PDF) is the authoritative source for any reliance.
View original ruling (PDF)

Plain-English summary

California legal staff concluded that a separate nominee lien was unnecessary after a taxpayer quitclaimed real property for no consideration because the Board's existing tax lien had already attached to it.

The Board issued a $11,957.22 determination in April 1994, the determination became final in May, and a state tax lien was recorded on August 30. The taxpayer then quitclaimed property she had owned since 1989 to a third party on September 23.

Under Government Code section 7170, staff said the recorded lien had attached to the taxpayer's county property before the transfer. The transferee therefore took the property subject to the lien even though the taxpayer no longer held record title.

Common questions

Did the quitclaim remove the Board's lien?

No.

Why was a nominee lien unnecessary?

Because the existing lien already attached to and remained on the property.

Was consideration paid for the quitclaim?

No, according to the memorandum.

Citations and references

  • California Government Code section 7170 — scope of the state tax lien cited
  • Notice of State Tax Lien recorded August 30, 1994 — lien the memorandum said attached before transfer

Source

Original ruling text

State of California

Memorandum
To:

Mr. Rick A. Slater
Supervisor of Collections

From:

Thomas J. Cooke
Staff Counsel

Subject:

REDACTED TEXT
Account No. REDACTED TEXT

Board of Equalization
Legal Division-MIC: 82

170.0066
Date: November 20, 1995

Gary Jugum has requested that I respond to your memorandum to him dated November 8, 1995, concerning the Industry District Office’s request for approval of a nominee lien. The above taxpayer became indebted to the Board for unpaid taxes on the basis of an audit. A determination for the liability was issued on April 15, 1994, for the total sum of $11,957.22. The determination became final on May 16, 1994, and on August 30, 1994, a Notice of State Tax Lien for the liability was recorded in REDACTED TEXT County. On September 23, 1994, the taxpayer quitclaimed property owned by her since 1989 to REDACTED TEXT for no consideration. The district office seeks approval of a nominee lien for this property contending that the taxpayer fraudulently transferred the property. When the Board recorded the Notice of State Tax Lien in the REDACTED TEXT County Recorder’s Office, the Board’s lien attached to all property and to all rights to property belonging to the taxpayer and located in the county. (See Government Code §7170.) The Board’s lien therefore attached to the property located at REDACTED TEXT, California, which the taxpayer had owned since 1989. When the taxpayer quitclaimed this property to REDACTED TEXT on September 23, 1994, REDACTED TEXT took the property subject to the Board’s lien. The Board’s lien presently attaches to the property even though the taxpayer no longer has record title to the property. A nominee lien is therefore not necessary. TJC/cmm

What does the law say today, for your facts?

This ruling is from 1995. Ezel checks current California tax law against your situation and cites the authority it relies on.

Opens in Ezel Pro.

  • Checks the law as it stands today, not only this page
  • Cites every source it relies on, so you can verify it
  • Chat, drafting and research in one workspace