(A) The United States, the Commonwealth or any of their instrumentalities, agencies or political subdivisions shall be exempt from payment of the tax imposed by this subchapter. The exemption of such governmental bodies shall not, however, relieve any other person or party to a transaction from liability for the tax.
(B) The tax imposed by this subchapter shall not be imposed upon:
(1) A transfer to the Commonwealth in accord with § 1102-C.3 of the Pennsylvania Realty Transfer Tax Act, 72 P.S. § 8102-C.3;
(2) A document which the borough is prohibited from taxing under the Constitution or statutes of the United States or the Commonwealth;
(3) A conveyance to a municipality, township, school district or county pursuant to acquisition by the municipality, township, school district or county of a tax delinquent property at sheriff sale or tax claim bureau sale;
(4) A transfer for no or nominal actual consideration which correct or confirms a transfer previously recorded, but which does not extend or limit existing record title or interest;
(5) A transfer or division in kind for no or nominal actual consideration of property passed by testate or intestate succession and held by co-tenants; however, if any of the parties take shares greater in value than their undivided interest, tax is due on the excess;
(6) A transfer between husband and wife or between persons previously husband and wife in accord with § 1102-C.3(6) of the Pennsylvania Realty Transfer Tax Act, 72 P.S. § 8102-C.3(6), which is hereby incorporated generally by reference;
(7) A transfer for no or nominal actual consideration of property passing by testate or intestate succession from a personal representative of a decedent to the decedent’s devisee or heir;
(8) A transfer for no or nominal actual consideration to a trustee of an ordinary trust in accord with §§ 1102-C.3(8) and 1102-C.3(8.1) of the Pennsylvania Realty Transfer Tax Act, 72 P.S. §§ 8102-C.3(8), 8102-C.3(8.1), which are hereby generally incorporated by reference;
(9) A transfer for no or nominal actual consideration from a trustee of an ordinary trust or of a living trust in accord with §§ 1102-C.3(9) or 1102C.3(9.1) or 1102-C.3(9.2) of the Pennsylvania Realty Transfer Tax Act, 72 P.S. §§ 8102-C.3(9), 8102-C.3(9.1), 8102-C.3(9.2), which are hereby generally incorporated by reference;
(10) A transfer for no or nominal actual consideration from trustee to a successor trustee;
(11) A transfer for no or nominal actual consideration between or from or to principal and agent or straw party in accord with § 1102-C.3(11) of the Pennsylvania Realty Transfer Tax Act, 72 P.S. § 8102-C.3(11), which with subsections is hereby generally incorporated by reference;
(12) A transfer pursuant to a statutory merger or consolidation or division of a corporation in accord with § 1102-C.3(12) of the Pennsylvania Realty Transfer Tax Act, 72 P.S. § 8102-C.3(12), which is hereby generally incorporated by reference;
(13) A transfer from a corporation or association of real estate held of record to an owner-grantee in accord with § 1102-C.3(13) of the Pennsylvania Realty Transfer Tax Act, 72 P.S. § 8102-C.3(13), which is hereby generally incorporated by reference;
(14) A transfer from a nonprofit industrial development agency or authority to a grantee of property conveyed by the grantee to that agency or authority as security for a debt of the grantee or a transfer to a nonprofit industrial development agency or authority;
(15) A transfer from a nonprofit industrial development agency or authority to a grantee purchasing directly from it in accord with § 1102-C.3(15) of the Pennsylvania Realty Transfer Tax Act, 72 P.S. § 8102-C.3(15), which with subsections is hereby generally incorporated by reference;
(16) A transfer to a conservancy in accord with § 1102-C.3(18) of the Pennsylvania Realty Transfer Tax Act, 72 P.S. § 8102-C.3(18), which is hereby generally incorporated by reference;
(17) A transfer of real estate devoted to the business of agriculture to a family farm corporation in accord with § 1102-C.3(19) of the Pennsylvania Realty Transfer Tax Act, 72 P.S. § 8102-C.3(19), which with its subsection is hereby generally incorporated by reference;
(18) A transfer of an interest in a real estate company in accord with § 1102-C.3(20) of the Pennsylvania Realty Transfer Tax Act, 72 P.S. § 8102-C.3(20), which is hereby generally incorporated by reference;
(19) A transaction wherein the tax due is $1 or less; and
(20) Leases for the production or extraction of coal, oil, natural gas or minerals and assignments thereof.
(C) In order to exercise any exclusion hereunder the true, full and complete value of the transfer shall be shown on the statement of value. 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 hereunder.
(2006 Code, § 24-603) (Ord. 5/7/2001, passed 5-7-2001, §§ 3, 4)