Section 42-1101 - DefinitionsWhen used in this chapter, unless otherwise required by the context:
(1) The word "District" means the District of Columbia.(2) The word "Mayor" means the Mayor of the District of Columbia, or his duly authorized agents or representatives.(3)(A) The word "deed" means any document, instrument, or writing, including a security interest instrument, wherever made, executed, or delivered, pursuant to which: (i) Title to real property is conveyed, vested, granted, bargained, sold, transferred, or assigned;(ii) An interest in real property (including an estate for life) is conveyed, vested, granted, bargained, sold, transferred, or assigned;(iii) A security interest in real property is conveyed, vested, granted, bargained, sold, transferred, or assigned; or(iv) A transfer of an economic interest in real property is evidenced pursuant to § 42-1102.02.(B) The word "deed" shall not include a will or a lease or ground rent for a term (with renewals) that is less than 30 years.(4) The words "real property" mean every estate or right, legal or equitable, present or future, vested or contingent in lands, tenements, or hereditaments located in whole or in part within the District.(5) The word "consideration," except as otherwise provided in § 42-1104, means the price or amount actually paid, or required to be paid, for real property including any mortgages, liens, encumbrances thereon, construction loan deeds of trust or mortgages or permanent loan deeds of trust or mortgages.(6) The word "person" means an individual, partnership, society, association, joint-stock company, corporation, estate, receiver, trustee, assignee, any individual acting in a fiduciary or representative capacity, whether appointed by a court or otherwise, any combination of individuals, and any other form of unincorporated enterprise owned or conducted by 2 or more persons.(7) The word "deficiency" as used in this chapter means the amount or amounts by which the tax imposed by this chapter as determined by the Mayor exceeds the amount shown as the tax upon the return of the person or persons liable for the payment thereof.(8) The word "taxpayer" means any person required by this chapter to pay a tax, or file a return.(9) The words "construction loan deed of trust or mortgage" mean a deed of trust or mortgage upon real estate which is given to secure a loan for new real estate construction.(10) The words "permanent loan deed of trust or mortgage" mean a deed of trust or mortgage upon real estate which secures an instrument made by the same obligors who made the instrument which the construction loan deed of trust or mortgage secured, and which conveys substantially the same real estate.(11) The phrase "controlling interest" means: (A) More than 50% of the total voting power of all classes of stock of a corporation or more than 50% of the total fair market value of all classes of stock of a corporation;(B) More than 50% of the capital or profits in a partnership, association, or other unincorporated entity; or(C) More than 50% of the beneficial interests in a trust.(12) The phrase "purchase money mortgage or purchase money deed of trust" means a mortgage or deed of trust provided as payment or part payment of the purchase price of real property.(13) The phrase "security interest" means any interest in real property acquired for the purpose of securing payment of a debt.(14) The phrase "security interest instrument" means any instrument which conveys, vests, grants, transfers, bargains, sells, or assigns a security interest in real property. A security interest instrument may include the following: (C) A financing statement;(D) A refinancing statement; or(E) Another document, instrument, or writing which creates an encumbrance on real property.(15) The phrase "supplemental deed" means a deed that confirms, corrects, modifies, or supplements a prior recorded deed without additional consideration.(16) The phrase "first-time District homebuyer" means an individual purchaser who has never owned improved residential real property or an economic interest in a cooperative unit that qualified for the homestead deduction provided pursuant to § 47-850 or § 47-850.01 as the individual's principal residence. The term "first-time District homebuyer" includes an individual who has divorced or separated and who, by a written settlement agreement or court order, did not obtain an ownership interest in a principal residence that had been jointly owned.(17) The phrase "eligible property" means improved residential real property, including an economic interest in a cooperative unit, purchased at an amount not to exceed the purchase ceiling of $625,000 (adjusted annually beginning with real property tax year 2019 by the addition to the prior purchase ceiling of an amount equal to the percentage increase in the Washington, D.C., Standard Metropolitan Statistical Area Consumer Price Index for All Urban Consumers for the preceding calendar year in which the real property tax year begins, rounded to the next lowest multiple of $500), that qualifies for the homestead deduction provided pursuant to § 47-850 or § 47-850.01; and the phrase also includes within the purchase ceiling all other real property conveyed on the same deed. Mar. 2, 1962, 76 Stat. 11, Pub. L. 87-408, title III, § 301; Sept. 13, 1980, D.C. Law 3-92, § 101(a), 27 DCR 3390; Mar. 10, 1982, D.C. Law 4-72, § 3(a), 28 DCR 5273; Sept. 9, 1989, D.C. Law 8-20, § 2(a), 36 DCR 4564; June 14, 1994, D.C. Law 10-128, § 101(a), 41 DCR 2096; June 9, 2001, D.C. Law 13-305, § 506(a), 48 DCR 334; Oct. 26, 2001, D.C. Law 14-42, § 11(b), 48 DCR 7612; Apr. 7, 2017, D.C. Law 21-268, § 2(a), 64 DCR 2159; Dec. 13, 2017, D.C. Law 22-33, § 7142(a), 64 DCR 7652; July 3, 2018, D.C. Law 22-124, § 107(a), 65 DCR 5091.Application of Law 8-20: Section 4 of D.C. Law 8-20 provided that the act shall apply to all transfers of an economic interest in real property in the District after September 30, 1989.
Application of Law 10-128: Section 801 of D.C. Law 10-128 provided that sections 101, 102, 104, 105, 106, 107, and 108 shall apply as of June 1, 1994.
Applicability
Section 301 of D.C. Law 22-124 provided that the changes made to this section by D.C. Law 22-124 shall apply as of October 1, 2017.
Section 7035 of D.C. Law 22-33 repealed § 3 of D.C. Law 21-268. Therefore the changes made to this section by D.C. Law 21-268 have been implemented.
Applicability of D.C. Law 21-268: § 3 of D.C. Law 21-268 provided that the change made to this section by § 2(a) of D.C. Law 21-268 is subject to the inclusion of the law's fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.
Exemptions for qualifying lower income homeownership households and cooperative housing associations, see § 47-3503. Nonprofit housing organizations, lower income homeownership tax abatement and incentives, see § 47-3505. .