PRINTER'S NO. 565
No. 506 Session of 1985
INTRODUCED BY REBER, BUNT, LASHINGER, AFFLERBACH, ANGSTADT,
HERSHEY, TRELLO, CORNELL, B. SMITH, VROON AND MORRIS,
FEBRUARY 27, 1985
REFERRED TO COMMITTEE ON FINANCE, FEBRUARY 27, 1985
AN ACT
1 Amending the act of March 4, 1971 (P.L.6, No.2), entitled "An
2 act relating to tax reform and State taxation by codifying
3 and enumerating certain subjects of taxation and imposing
4 taxes thereon; providing procedures for the payment,
5 collection, administration and enforcement thereof; providing
6 for tax credits in certain cases; conferring powers and
7 imposing duties upon the Department of Revenue, certain
8 employers, fiduciaries, individuals, persons, corporations
9 and other entities; prescribing crimes, offenses and
10 penalties," changing the definition of "document."
11 The General Assembly of the Commonwealth of Pennsylvania
12 hereby enacts as follows:
13 Section 1. The definition of "document" in section 1101-C of
14 the act of March 4, 1971 (P.L.6, No.2), known as the Tax Reform
15 Code of 1971, amended December 9, 1982 (P.L.1047, No.246), is
16 amended to read:
17 Section 1101-C. Definitions.--The following words when used
18 in this article shall have the meanings ascribed to them in this
19 section, except in those instances where the context clearly
20 indicates a different meaning:
21 * * *
1 "Document." Any deed, instrument or writing whereby any
2 lands, tenements or hereditaments within this Commonwealth or
3 any interest therein shall be quitclaimed, granted, bargained,
4 sold, or otherwise conveyed to the grantee, purchaser, or any
5 other person, but does not include wills, mortgages, transfers
6 between corporations operating housing projects pursuant to the
7 Housing and Redevelopment Assistance Law and the shareholders
8 thereof, transfers between nonprofit industrial development
9 agencies and industrial corporations purchasing from them, any
10 transfers to nonprofit industrial development agencies,
11 transfers to a nature conservancy or similar organization which
12 possesses a tax-exempt status pursuant to section 501(c)(3) of
13 the Internal Revenue Code, and which has as its primary purpose
14 the preservation of land for historic, recreational, scenic,
15 agricultural or open space opportunities, any transfer of
16 residential property located within a ten-mile radius of a
17 commercial nuclear electric power generating plant, and
18 transfers between husband and wife, transfers between persons
19 who were previously husband and wife but who have since been
20 divorced provided such transfer is made within three months of
21 the date of the granting of the final decree in divorce, or the
22 decree of equitable distribution of marital property, whichever
23 is later, and the property or interest therein subject to such
24 transfer was acquired by the husband and wife or husband or wife
25 prior to the granting of the final decree in divorce, transfers
26 between parent and child or the spouse of such a child or
27 between parent and trustee for the benefit of a child or the
28 spouse of such child, transfers between a grandparent and
29 grandchild or the spouse of such grandchild, by and between a
30 principal and straw party for the purpose of placing a mortgage
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1 or ground rent upon the premises, correctional deeds without
2 consideration, transfers to the United States, the Commonwealth
3 of Pennsylvania, or to any of their instrumentalities, agencies
4 or political subdivisions, by gift, dedication or deed in lieu
5 of condemnation, or deed of confirmation in connection with
6 condemnation proceedings, or reconveyance by the condemning body
7 of the property condemned to the owner of record at the time of
8 condemnation which reconveyance may include property line
9 adjustments provided said reconveyance is made within one year
10 from the date of condemnation, leases, a conveyance to a trustee
11 under a recorded trust agreement for the express purpose of
12 holding title in trust as security for a debt contracted at the
13 time of the conveyance under which the trustee is not the lender
14 and requiring the trustee to make reconveyance to the grantor-
15 borrower upon the repayment of the debt, or a transfer by the
16 owner of previously occupied residential premises to a builder
17 of new residential premises when such previously occupied
18 residential premises is taken in trade by such builder as part
19 of the consideration from the purchaser of a new previously
20 unoccupied residential premises or any transfer from a mortgagor
21 to the mortgagee whether pursuant to a foreclosure or in lieu
22 thereof, or conveyances to municipalities, townships, school
23 districts and counties pursuant to acquisition by
24 municipalities, townships, school districts and counties of tax
25 delinquent properties at sheriff sale or tax claim bureau, or
26 any transfer between religious organizations or other bodies or
27 persons holding title to real estate for a religious
28 organization if such real estate is not being or has not been
29 used by such transferor for commercial purposes, or in any
30 sheriff sale instituted by a mortgagee in which the purchaser of
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1 said sheriff sale is the mortgagee who instituted said sale.
2 * * *
3 Section 2. This act shall take effect 60 days.
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