§2740.63. Documentary transaction tax; parish of Livingston

A. The governing authority of Livingston Parish may levy and collect a tax on the execution of any instrument, act, writing, or document transferring or conveying immovable property located in the parish. The execution of such an instrument, act, writing, or document is referred to in this Section as a "transaction". The governing authority may exempt from the tax such transactions as it shall deem appropriate.

B. The tax shall not be due and collectible unless and until the instrument, act, writing, or document is recorded in the conveyance records of the parish. The tax shall be paid by the buyer or transferee of immovable property in the case of an act of sale, donation, or other transfer of immovable property, and the tax shall be collected and remitted to the governing authority of the parish by each such person or his designee. Such buyer or transferee shall be designated the taxpayer. The taxpayer may delegate the function of remitting and paying the tax to the notary or the attorney handling the transaction; however, the taxpayer shall remain liable for the tax to the parish.

C. The governing authority of the parish shall impose the tax by ordinance, but only if the imposition of the tax has been approved by a majority of the electors of the parish voting on the proposition at an election held for that purpose. The governing authority of the parish may provide in the ordinance necessary and appropriate rules and regulations for the imposition, collection, and enforcement of the tax, including penalties for delinquency when the tax is not paid upon recordation.

D. The tax shall be due and collected upon each transaction involving the recordation of an instrument, act, writing, or document covered by the ordinance as follows:

(1) For each transaction except for time-share condominiums or townhouses, the tax shall not exceed the sum of three hundred dollars.

(2) For all sales or transfers of time-share condominium units, whether characterized as sales or transfers of an interest in fee simple or right-of-use by the developer of the time-share condominium, the tax shall be a pro rata share of the tax as authorized by Paragraph (1) of this Subsection for the sale or transfer of each one-fiftysecond share of each time-share condominium unit, which sum shall be due upon the sale or transfer of each fractional share of each time-share condominium unit; however, any group of instruments involving sales or transfers of time-share condominium units deemed to be a single transaction shall be taxed as a single instrument, act, writing, or document. For any subsequent sales or transfers of fractional time shares or intervals of a condominium unit by a seller other than the time-share developer, the tax shall not exceed the sum of three hundred dollars for each such sale or transfer.

E. The levy, payment, or failure to pay the tax authorized by this Section shall not affect nor be considered as impairing or affecting any rights or obligations created or governed by the civil laws of persons, property, and obligations, and in no instance shall any immovable property involved in any transaction be considered to be subject to any lien or encumbrance by virtue of the failure to pay the tax, nor shall this Section affect or alter or be considered by any person as affecting or altering the duties and powers of any constitutional parochial official.

Acts 2005, No. 392, §1, eff. June 30, 2005.