Subchapter F. IMPOSITION OF TAX


Sec.


91.111.    Imposition of tax on documents.
91.112.    Statement of value.
91.113.    Imposition of tax on declarations of acquisition.
91.114.    Agents.
91.115.    Publication of common level ratio factors.

Cross References

   This subchapter cited in 61 Pa. Code §  91.111 (relating to imposition of tax on documents).

§ 91.111. Imposition of tax on documents.

 (a)  Except as provided in Subchapter I (relating to excluded parties and transactions), the person who delivers a document for acceptance or recording or on whose behalf a document is delivered for acceptance or recording and the person who accepts or presents for recording the document or on whose behalf the document is accepted or presented for recording are subject to pay a State tax at the rate of 1% of the value of the realty conveyed, transferred, demised or released by the grantor under the document.

 (b)  Except as provided in Subchapter I, it is the joint and several legal duty of the parties to the transaction to pay the proper tax due. This duty may be discharged by the parties as they agree but without prejudice to the rights of the Commonwealth against the parties.

Authority

   The provisions of this §  91.111 issued under section 1107-C of the Tax Reform Code of 1971 (72 P. S. §  8107-C).

Source

   The provisions of this §  91.111 adopted September 9, 1988, effective September 10, 1988, 18 Pa.B. 4096.

§ 91.112. Statement of value.

 (a)  General. Except as provided in this section, a statement of value in duplicate shall be completed and filed with a document presented for recording or for the affixation of tax stamps. The statement of value shall specify the true, full and complete value of the realty transferred, demised or released—whether or not an exclusion from tax is claimed—and the reason why the instrument is not subject to tax under this chapter. The statement of value shall be executed by a responsible person connected with the transaction.

 (b)  Value specified in document. A statement of value is not required to be completed and filed if the parties to a recorded document claim no exclusion from tax and specify in the document the true, full and complete value of the realty.

 (c)  Specific exceptions. A statement of value is not required to be completed and filed if the instrument is a will, a conventional mortgage or assignment, extension, release or satisfaction thereof, or an instrument which solely grants, vests or confirms a public utility easement. Nontaxable assignments or terminations of leases and of contracts for deeds, declarations of taking and contracts for deeds—unless the consideration is payable over a period of time exceeding 30 years—are not subject to tax or reporting requirements under this chapter.

 (d)  Familial relationship.

   (1)  A statement of value is not required to be filed, nor is the document required to set forth its value, when the following apply:

     (i)   The parties to the document are not subject to tax by reason of familial relationship.

     (ii)   The document clearly indicates that relationship.

   (2)  A statement of value shall be filed if the deed fails to indicate the specific familial relationship claimed, if one or more of the parties to the document are not related, or if another exclusion from taxation is claimed.

 (e)  Mineral leases. Although a statement of value shall be filed to claim the exclusion for a lease of coal, oil, natural gas or minerals, there is no requirement to indicate the value of the lease.

 (f)  Filing. A recorder of deeds shall cross-reference on the statement of value filed the deed book volume and page where the document is recorded, and shall retain on file in the office for public inspection a copy of the statement of value accompanying a document.

Authority

   The provisions of this §  91.112 issued under section 1107-C of the Tax Reform Code of 1971 (72 P. S. §  8107-C).

Source

   The provisions of this §  91.112 adopted September 9, 1988, effective September 10, 1988, 18 Pa.B. 4096.

§ 91.113. Imposition of tax on declarations of acquisition.

 (a)  A real estate company is subject to pay a State tax at the rate of 1% of the value of the realty held by the real estate company when it becomes an acquired company under §  91.202 (relating to acquired real estate company). The tax shall be paid within 30 days after the real estate company becomes acquired.

 (b)  A family farm corporation or family farm partnership is subject to pay a State tax at the rate of 1% of the value of the family farm real estate held by the family farm corporation or the family farm partnership when it becomes an acquired company under § §  91.212 and 91.222 (relating to acquired family farm corporation; and acquired family farm partnership). The tax shall be paid within 30 days after the family farm corporation or the family farm partnership becomes acquired.

Authority

   The provisions of this §  91.113 issued under section 1107-C of the Tax Reform Code of 1971 (72 P. S. §  8107-C).

Source

   The provisions of this §  91.113 adopted September 9, 1988, effective September 10, 1988, 18 Pa.B. 4096; amended December 14, 2007, effective December 15, 2007, 37 Pa.B. 6516. Immediately preceding text appears at serial page (233359).

§ 91.114. Agents.

 (a)  A recorder of deeds and commissioner of records is an agent for the sale of stamps to be used in paying the tax.

 (b)  The Department may also appoint other persons as agents for the sale of stamps.

 (c)  An agent for the sale of stamps shall affix stamps to a document, whether or not the document is to be recorded.

Authority

   The provisions of this §  91.114 issued under section 1107-C of the Tax Reform Code of 1971 (72 P. S. §  8107-C).

Source

   The provisions of this §  91.114 adopted September 9, 1988, effective September 10, 1988, 18 Pa.B. 4096.

§ 91.115. Publication of common level ratio factors.

 The Department will publish the applicable common level ratio factors for each fiscal year beginning July 1 and ending June 30 and during the fiscal year, any changes thereto, in the Pennsylvania Bulletin.

Authority

   The provisions of this §  91.115 adopted under section 1107-C of the Tax Reform Code of 1971 (72 P. S. §  8107-C).

Source

   The provisions of this §  91.115 adopted December 14, 2007, effective December 15, 2007, 37 Pa.B. 6516.



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