D.C. Mun. Regs. tit. 9, r. 9-501

Current through Register Vol. 71, No. 49, December 6, 2024

Rule 9-501 - EXEMPTIONS FROM THE RECORDATION TAX

501.1

The only allowable exemptions from the recordation tax are those enumerated in § 302 of the Act (D.C. Official Code § 42-1102) or otherwise expressly provided by statute.

501.2

The denial of an exemption applied for under the authority of § 302 of the Act (D.C. Official Code § 42-1102) may be appealed to the Superior Court of the District of Columbia within 6 months of the date on which the Recorder of Deeds mails written denial of the exemption, in the same manner as is provided for the appeal of a denial of a real property tax exemption applied for under the authority of D.C. Official Code § 47 -1009.

501.3

The exemption of deeds to property acquired by the United States or the District under § 302 of the Act (D.C. Official Code § 42-1102(2)) shall include deeds to property acquired by an agency or instrumentality of either government, and shall also include deeds to property sold by the District for delinquent District real property taxes.

501.4

To qualify for the exemption provided under Section 302(5) of the Act (D.C. Official Code § 42-1102(5)) , a purchase money mortgage or purchase money deed of trust must be recorded simultaneously with the deed conveying the real property for which the purchase money mortgage or deed of trust was obtained. To qualify as a purchase money instrument, a mortgage or deed of trust must be:

(1) provided as full or partial payment of the purchase price of the real property conveyed;

(2) fully executed within thirty (30) days from the date of the execution of the deed of conveyance;

(3) recorded within thirty (30) days after the recordation date of the deed of conveyance;

(4) executed by the purchaser as part of a series of transactions conveying title to the real property to the purchaser;

(5) reference the deed of conveyance by date and document number, if available;

(6) recite on its fact this is it a purchase money mortgage or deed of trust; and

(7) recite on its face the amount of purchase money that it secures.

501.5

The Recorder of Deeds may, in his or her discretion, waive the requirement of D.C. Official Code § 47-1005.03(e) that the certification described in D.C. Official Code § 47-1005.03(f)(1) accompany a deed at the time it is submitted for recordation where the Recorder determines that such certification cannot be made at that time. In lieu of the certification, the transferee of the property shall submit with the deed a statement that the certification cannot be provided, and acknowledging that, if the certification is not furnished to the Recorder within 12 months from the date the deed is recorded, recordation tax on the deed, together with interest and penalty as provided by law, shall be due.

D.C. Mun. Regs. tit. 9, r. 9-501

Commissioners' Order 62-271, effective 26, 1962, published at 8 DCR 278 (May 14, 1962); as amended by Final Rulemaking published at 27 DCR 4929 (November 7, 1980), incorporating text of Proposed Rulemaking published at 27 DCR 3347 (August 1, 1980); as amended by Final Rulemaking published at 61 DCR 4717 (May 9, 2014); amended by Final Rulemaking published at 64 DCR 1450 (2/9/2018); amended by Final Rulemaking published at 69 DCR 11009 (9/2/2022)

Authority: Commissioners' Order 62-271, effective 26, 1962, published at 8 DCR 278 (May 14, 1962); as amended by Final Rulemaking published at 27 DCR 4929 (November 7, 1980), incorporating text of Proposed Rulemaking published at 27 DCR 3347 (August 1, 1980); as amended by Final Rulemaking published at 61 DCR 4717 (May 9 , 2014).