PRINTER'S NO. 1674
No. 1455 Session of 1979
INTRODUCED BY WAGNER AND HASAY, JUNE 5, 1979
REFERRED TO COMMITTEE ON FINANCE, JUNE 6, 1979
AN ACT 1 Amending the act of December 27, 1951 (P.L.1742, No.467), 2 entitled, as amended, "An act to provide revenue by imposing 3 a State tax relating to certain documents and transactions; 4 prescribing and regulating the method and manner of 5 evidencing the payment of such tax; conferring powers and 6 imposing duties upon certain persons, partnerships, 7 associations, and corporations, sheriffs, recorders of deeds, 8 and the Department of Revenue; saving certain State and local 9 taxes and authorizing amendments, extensions and supplements 10 to the ordinances and resolutions relating thereto; and 11 providing penalties," excluding transfers between 12 grandparents and grandchildren or the spouse of such 13 grandchild. 14 The General Assembly of the Commonwealth of Pennsylvania 15 hereby enacts as follows: 16 Section 1. The definition of "document" in section 2, act of 17 December 27, 1951 (P.L.1742, No.467), known as "The Realty 18 Transfer Tax Act," reenacted and amended February 9, 1961 19 (P.L.13, No.9) and amended October 5, 1978 (P.L.1083, No.253), 20 is amended to read: 21 Section 2. The following words when used in this act shall 22 have meanings ascribed to them in this section, except in those 23 instances where the context clearly indicates a different 24 meaning:
1 * * * 2 "Document." Any deed, instrument or writing whereby any 3 lands, tenements or hereditaments within this Commonwealth or 4 any interest therein shall be quitclaimed, granted, bargained, 5 sold, or otherwise conveyed to the grantee, purchaser, or any 6 other person, but does not include wills, mortgages, transfers 7 between corporations operating housing projects pursuant to the 8 Housing and Redevelopment Assistance Law and the shareholders 9 thereof, transfers between nonprofit industrial development 10 agencies and industrial corporations purchasing from them, any 11 transfers to nonprofit industrial development agencies, and 12 transfers between husband and wife, transfers between persons 13 who were previously husband and wife but who have since been 14 divorced provided such transfer is made within three months of 15 the date of the granting of the final decree in divorce, and the 16 property or interest therein subject to such transfer was 17 acquired by the husband and wife or husband or wife prior to the 18 granting of the final decree in divorce, transfers between 19 parent and child or the spouse of such a child or between parent 20 and trustee for the benefit of a child or the spouse of such 21 child, transfers between a grandparent and grandchild or the 22 spouse of such grandchild, by and between a principal and straw 23 party for the purpose of placing a mortgage or ground rent upon 24 the premises, correctional deeds without consideration, 25 transfers to the United States, the Commonwealth of 26 Pennsylvania, or to any of their instrumentalities, agencies or 27 political subdivisions, by gift, dedication or deed in lieu of 28 condemnation, or deed of confirmation in connection with 29 condemnation proceedings, or reconveyance by the condemning body 30 of the property condemned to the owner of record at the time of 19790H1455B1674 - 2 -
1 condemnation which reconveyance may include property line 2 adjustments provided said reconveyance is made within one year 3 from the date of condemnation, leases, a conveyance to a trustee 4 under a recorded trust agreement for the express purpose of 5 holding title in trust as security for a debt contracted at the 6 time of the conveyance under which the trustee is not the lender 7 and requiring the trustee to make reconveyance to the grantor- 8 borrower upon the repayment of the debt, or a transfer by the 9 owner of previously occupied residential premises to a builder 10 of new residential premises when such previously occupied 11 residential premises is taken in trade by such builder as part 12 of the consideration from the purchaser of a new previously 13 unoccupied residential premises or any transfer from a purchase 14 money mortgagor to the vendor holding the purchase money 15 mortgage whether pursuant to a foreclosure or in lieu thereof, 16 or conveyances to municipalities, townships, school districts 17 and counties pursuant to acquisition by municipalities, 18 townships, school districts and counties of tax delinquent 19 properties at sheriff sale or tax claim bureau, or any transfer 20 between religious organizations or other bodies or persons 21 holding title to real estate for a religious organization if 22 such real estate is not being or has not been used by such 23 transferor for commercial purposes, or in any sheriff sale 24 instituted by a mortgagee in which the purchaser of said sheriff 25 sale is the mortgagee who instituted said sale. 26 * * * 27 Section 2. This act shall take effect in 60 days. F4L56RLC/19790H1455B1674 - 3 -