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Documentary Stamp Tax
STATUTORY
REFERENCE: Pursuant to Oklahoma
State Statute Title 68 Section 3201 there is imposed on each conveyance
of real property a Documentary Stamp Tax when the consideration or value exceeds
One Hundred Dollars ($100.00).
AMOUNT
OF TAX: The
tax shall be prorated at the rate of seventy-five cents ($0.75) for each Five
Hundred Dollars ($500.00) of the consideration or any fractional part thereof.
EXEMPTIONS:
O states
the tax imposed by Section
3201 shall not apply to:
- Deeds recorded prior to the
effective date of Sections 3201 through 3206 of this title;
klahoma
State Statute Title
68 Section 3202
- Deeds which secure a debt or
other obligation;
- Deeds which, without additional
consideration, confirm, correct, modify or supplement a deed previously
recorded;
- Deeds between husband and wife,
or parent and child, or any persons related within the second degree of
consanguinity, without actual consideration therefore,
Deeds between any person and an express revocable trust created by
such person or such person’s spouse or deeds pursuant to which property is
transferred from a person to a partnership, limited liability company or
corporation of which the transferor or the transferor’s spouse, parent,
child, or other person related within the second degree of consanguinity to
the transferor are the only owners of the partnership, limited liability
company or corporation. However,
if the ownership of the partnership, limited liability company or
corporation is changed within one (1) year of the property transfer, the
seller shall immediately pay the amount of tax which would have been due had
this exemption not been granted;
- Tax deeds;
- Deeds of release of property
which is security for a debt or other obligation;
- Deeds executed by Indians in
approval proceedings of the
District Courts or by the Secretary of the Interior;
- Deeds of Partition, unless, for
consideration, some of the parties take shares greater in value than their
undivided interests, in which event a tax attaches to each deed conveying
such greater share computed upon the consideration for the excess;
- Deeds made pursuant to mergers
of partnerships, limited liability companies or corporations;
- Deeds made by a subsidiary
corporation to its parent corporation for no consideration other than the
cancellation or surrender of the subsidiary’s stock;
- Deeds or instruments to which
the State of Oklahoma or any of its instrumentality’s, agencies or
subdivisions is a party, whether as Grantee or as Grantor or in any
capacity;
- Deeds or instruments to which
the United States or any of its agencies or departments is a party, whether
as Grantor or Grantee or in any other capacity, provided that this shall not
exempt transfers to or from National Banks or Federal Savings and Loan
Associations;
- Any deed executed pursuant to a
foreclosure proceeding in which the Grantee is the holder of a Mortgage on
the property being foreclosed, or any deed executed pursuant to a Power of
Sale in which the Grantee is the party exercising such Power of Sale or any
deed executed in favor of the holder of a Mortgage on the property in
consideration for the release of the borrower from liability on the
indebtedness secured by such Mortgage except as to cash consideration paid;
provided, however, the tax shall apply to deeds in other foreclosure
actions, unless otherwise herein above exempted, and shall be paid by the
purchaser in such foreclosure actions; or
- Deeds and other instruments to
which the Oklahoma Space Industry Development Authority or a Spaceport user,
as defined in the Oklahoma Space Industry Development Act, is a party.
When
submitting a deed that is exempt from Documentary Stamp Tax for recording,
the
Statute reference exemption must be included on the face of the
document stating
“No Documentary Stamp Tax Required pursuant to O.S.
Title 68 Section 3202.
(exemption number)”
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