78-B:2 Exceptions

Last revised 1967 § Leave a Comment

The tax imposed by this chapter shall not apply:

I. To a transfer of title to the state, a state agency, a county, a city, a town, a school district, or a village district.

II. To the United States, or any agency or instrumentality thereof.

III. To a mortgage or other instrument given to secure payment of a debt or obligation.

IV. To a discharge of mortgage or other instrument solely to release security for a debt or obligation.

V. To a deed or other instrument which corrects a deed or other instrument previously given.

VI. To a deed given by a collector of taxes for property purchased at a tax sale.

VII. To a transfer of title from one organization exempt from federal taxation under section 501 of the United States Internal Revenue Code of 1986, as amended, to another organization which is also exempt from federal taxation under section 501, when both the transfer organization and the transferee organization are created by or result from the corporate reorganization of a licensed, general, or specialty hospital.

VIII. To a transfer of title to the Trust for New Hampshire Lands when the Trust for New Hampshire Lands acquires the real estate for the purpose of transferring title to the real estate so acquired to the land conservation investment program, RSA 221-A, prior to June 30, 1993. The exception provided in this paragraph shall only apply to the Trust for New Hampshire Lands. The seller, grantor, assignor, or transferor of any real estate to the Trust shall still be liable for payment of the tax imposed by RSA 78-B:1.

IX. To noncontractual transfers.

X. To transfers of cemetery plots.

XI. To transfers that occur by devise or by the laws regulating intestate succession and descent or by the death of any cotenant in real estate held by joint tenancy.

XII. To the beneficiary of a partnership interest where the partnership dissolves by operation of law due to the death of a partner.

XIII. To a transfer of title between spouses pursuant to a final decree of divorce or nullity.

XIV. [Repealed.]

XV. To an otherwise taxable transfer between a land trust, incorporated under RSA 292 and established to provide affordable housing to low-income people, and a housing cooperative, incorporated under RSA 301-A, if the transfer tax is paid by the trust on the initial purchase of the property.

XVI. [Repealed.]

XVII. [Repealed.]

XVIII. To a deed transferred in accordance with RSA 80:89, VI.

XIX. [Repealed.]


1967, 320:1. 1969, 48:2. 1986, 124:1. 1988, 88:1. 1989, 197:3, 4. 1990, 231:1, 5. 1991, 362:3. 1992, 203:2. 1993, 139:1. 1994, 325:5, 6. 1995, 10:1. 1996, 212:1. 1999, 163:3. 2001, 158:27, eff. July 1, 2001. 2006, 219:1, eff. June 1, 2006. 2007, 146:1, IV, eff. Aug. 17, 2007.

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