(A) The tax imposed by section shall not be imposed upon:
(1) A transfer to the United States, Commonwealth of Pennsylvania or to any of their instrumentalities, agencies or political subdivisions, by gift, dedication or deed in lieu of condemnation or deed of confirmation in connection with condemnation proceedings, or a reconveyance by the condemning body of the property condemned by the owner of record at the time of condemnation, which reconveyance may include property line adjustments provided said reconveyance is made within one year from the date of condemnation;
(2) Any document or transaction which the township is prohibited from taxing under the Constitution or statutes, regulations or case law of the United States or the Commonwealth of Pennsylvania;
(3) The conveyance to a municipality, township, municipal school district, county or other governmental organization pursuant to acquisition by the municipality, township, school district, county or other governmental organization of a tax delinquent property at sheriff sale or tax claim bureau sale;
(4) A transfer for no nominal actual consideration which corrects or confirms a transfer previously recorded but which does not extend or limit existing record legal title or interest;
(5) A transfer between husband and wife, or on a transfer between persons who were previously husband and wife but who have since been divorced; provided such transfer is made within three months of the date of the granting of the final decree in divorce, or the decree of equitable distribution of marital property, whichever is later, and the property or interest therein, subject to such transfer was acquired by the husband and wife, or husband or wife, prior to the granting of the final decree in divorce;
(6) A transfer between parent and child or the spouse of such a child, or between parent and trustee for the benefit of a child or the spouse of such child;
(7) A transfer between a grandparent and grandchild or the spouse of such grandchild, or on a transfer between brother and sister or brother and brother or sister and sister or the spouse of such brother or sister;
(8) A transfer to a conservancy which possesses a tax-exempt status pursuant to Section 501(c)(3) of the Internal Revenue Code, and which has as its primary purpose the preservation of land for historic, recreational, scenic, agricultural or open space opportunities;
(9) A transfer by and between a principal and straw party for the purpose of placing a mortgage or ground rent upon the premises, or on a correctional deed without consideration;
(10) On a conveyance to a trustee under a recorded trust agreement for the express purpose of holding title in trust as security for a debt contracted at the time of the conveyance under which the trustee is not the lender and requiring the trustee to make reconveyance to the grantor-borrower upon the repayment of the debt;
(11) A transfer between nonprofit industrial development agencies and industrial corporations purchasing from them, or on transfer to or from nonprofit industrial development agencies;
(12) A transfer between corporations operating housing projects pursuant to the Housing and Redevelopment Assistance Law, being 35 P.S. §§ 1680.401 et seq. and the shareholders thereof;
(13) A transfer within a family from a sole proprietor family member to a family farm corporation;
(14) In any sheriff sale instituted by a mortgagee in which the purchaser of said sheriff sale is the mortgagee who instituted said sale;
(15) A transfer by the owner of previously occupied residential premises to a builder of new residential premises when such previously occupied residential premises is taken in trade by such builder as part of the consideration from the purchaser of a new previously unoccupied single-family residential premises;
(16) When the transfer is by will or mortgage or the intestate laws of the Commonwealth; or
(17) Or on a privilege, transaction, subject, occupation or personal property which is now or does hereafter become subject to a state tax or license fee.
(B) In order to exercise any exclusion provided in this section, the true, full and complete value of the transfer shall be shown on the statement of value. A copy of the Pennsylvania Realty Transfer Tax Statement of Value shall be submitted for this purpose. For leases of coal, oil, natural gas or minerals, the statement of value may be limited to an explanation of the reason such document is not subject to tax under this subchapter.
(C) It is the intention of the governing body in enacting these exemptions to exempt only those transactions which are required by law to exempted, if in the future, the Commonwealth by rule or regulations removes, limits or otherwise qualifies any of the above listed exemptions, it is the intention of the governing body that the exemptions listed above shall be similarly removed, limited or qualified.
(Ord. 701, passed 9-18-2019)