Title 48, Chapter 6, Section 2
( 48-6-2)
(a) The tax imposed by Code Section 48-6-1 shall not apply to: (1) Any instrument or writing given to secure a debt; (2) Any deed of gift; (3) Any deed, instrument, or other writing to which any of the
following is a party: the United States; this state; any agency,
board, commission, department, or political subdivision of either
the United States or this state; any public authority; or any
nonprofit public corporation; (4) Any lease of lands, tenements, standing timber, or other
realty or any lease of any estate, interest, or usufruct in any
lands, tenements, standing timber, or other realty; (5) Any transfer of real estate between a husband and wife in
connection with a divorce case; (6) Any order for year's support awarding an interest in real property as provided in Code Section 53-5-11 of the "Pre-1998 Probate Code," if applicable, or Code Section 53-3-11 of the "Revised Probate Code of 1998"; (7) Any deed issued in lieu of foreclosure if the deed issued in
lieu of foreclosure is for a purchase money deed to secure debt
that has been in existence and properly executed and recorded for
a period of 12 months prior to the recording of the deed in lieu
of foreclosure; (7.1) The deed from the debtor to the first transferee at a
foreclosure sale; (8) Transfer of property which is acquired as provided in Code Sections 32-3-2 and 32-3-3; (9) Any deed of assent or distribution by an executor,
administrator, guardian, trustee, or custodian; any deed or other
instrument carrying out the exercise of a power of appointment;
and any other instrument transferring real estate to or from a
fiduciary; provided, however, that the exemption provided under
this paragraph shall apply only if the transfer is without
valuable consideration; and (10) Any deed, instrument, or other writing which effects a
division of real property among joint tenants or tenants in common
if the transaction does not involve any consideration other than
the division of the property. (b) In order to exercise any exemption provided in this Code
section, the total consideration of the transfer shall be shown. |