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Searching 2017-2018 Session

The Vermont Statutes Online

Title 32 : Taxation and Finance

Chapter 231 : PROPERTY TRANSFER TAX

(Cite as: 32 V.S.A. § 9603)
  • § 9603. Exemptions

    The following transfers are exempt from the tax imposed by this chapter:

    (1) Transfers recorded prior to the effective date of this act;

    (2) Transfers of property to the United States of America, the State of Vermont, or any of their instrumentalities, agencies, or subdivisions;

    (3) Transfers directly to the obligee to secure a debt or other obligation;

    (4) Transfers which, without additional consideration, confirm or correct a transfer previously recorded;

    (5) Transfers between two spouses, or parent and child or child's spouse, or grandparent and grandchild or grandchild's spouse, without actual consideration therefor; and also transfers in trust or by decree of court to the extent of the benefit to the donor or one or more of the related persons above named; and transfers from such a trust conveying or releasing the property free of trust as between such persons and without actual consideration therefor;

    (6) [Repealed.]

    (7) Transfers directly to the obligor of release of property which is security for a debt or other obligation when such debt or other obligation has been fully satisfied;

    (8) Transfers of partition;

    (9) Transfers made pursuant to mergers or consolidations of corporations pursuant to which transfer no gain or loss is recognized under the Internal Revenue Code, and bona fide transfers to shareholders of corporations in connection with the complete dissolution thereof, except where the Commissioner finds that a major purpose of such dissolution is to avoid the property transfer tax;

    (10) Transfers made by a subsidiary corporation to its parent corporation for no consideration other than cancellation or surrender of the subsidiary's stock;

    (11) Transfers made to a corporation at the time of its formation pursuant to which transfer no gain or loss is recognized under 26 U.S.C. § 351, except where the Commissioner finds that a major purpose of such transaction is to avoid the property transfer tax;

    (12) Transfers made to, or made by, a local development corporation as defined under 10 V.S.A. § 212(10);

    (13) Transfers made to, or made by, an authority established pursuant to 10 V.S.A. chapter 12;

    (14)(A) Transfers to organizations qualifying under 26 U.S.C. § 501(c)(3), as amended, and which prior to the transfer have been determined to meet the "public support" test of 26 U.S.C. § 509(a)(2), as amended, provided one of the stated purposes of the organization is to acquire property or rights and less than fee interest in property in order to preserve farmland or open-space land and provided that the property transferred, or rights and interests in the property, will be held by the organization for this purpose. As used in this section, "farmland" means real estate which will be actively operated or leased as part of a farm enterprise, including dwellings and agricultural structures, and "open-space land" shall mean land without structures thereon;

    (B) Transfers to organizations qualifying under 26 U.S.C. § 501(c)(3), as amended, and which prior to the transfer have been determined to meet the "public support" test of 26 U.S.C. § 509(a)(1), as amended, shall not be exempt from tax, but the tax shall be deferred, provided one of the stated purposes of the organization is to acquire property or rights and less than fee interest in property in order to preserve farmland or open-space land and provided that the property transferred, or rights and interests in the property, will be held by the organization for this purpose. Any transferee organization for which tax is deferred under this subdivision shall pay the deferred tax upon later transfer by that organization of all or a part of the property or the development rights for that property, up to a maximum of the consideration received for such later transfers;

    (15) Transfers made to a partnership at the time of its formation, pursuant to which transfer no gain or loss is recognized under 26 U.S.C. § 721, except where the Commissioner finds that a major purpose of such transaction is to avoid the property transfer tax;

    (16) Transfer made by a partnership to a partner in connection with a complete dissolution of the partnership, pursuant to which transfer no gain or loss is recognized under the Internal Revenue Code, except where the Commissioner finds that a major purpose of such dissolution is to avoid the property transfer tax;

    (17) Transfer of utility line easements to a public utility or a municipality for a consideration of $500.00 or less;

    (18) Transfer between the obligor and the primary obligee arising out of a foreclosure proceeding or conveyance in lieu of foreclosure;

    (19) Transfers under a court judgment decreeing the disposition of real estate of the parties to a civil marriage to the extent of the property interests conveyed to either of the parties;

    (20) Transfers made to organizations qualifying under 26 U.S.C. § 501(c)(3) or to a wholly owned subsidiary corporation of such an organization provided one of the stated purposes of the transferee is:

    (A) to acquire property in order to preserve housing for low-income families;

    (B) to operate a statewide public television station and provided that the property transferred will be held by the transferee for this purpose;

    (C) to act as a food clearinghouse in order to reduce the incidence of hunger in Vermont, and provided that the property transferred will be held by the transferee for this purpose;

    (21) Transfers made to a corporation qualifying as a limited equity cooperative under the Cooperative Housing Ownership Act, provided the property in the hands of the transferee will be used to provide housing for persons or households of low or moderate income;

    (22) Transfers to an organization qualifying under 26 U.S.C. § 501(c)(2), provided the organization is controlled exclusively by an organization or organizations described in subdivision (14) of this section, and provided such transfer is for the purposes described in that subdivision;

    (23) Transfers of leasehold or fee interests made to low income individuals by organizations qualifying under 26 U.S.C. § 501(c)(3) and having as its primary purpose the provision of housing to low income individuals, or from a wholly owned subsidiary of such an organization, when such a transfer is made concurrently with the transfer of an improvement located on the leasehold or fee property, or is a renewal of such a lease where the purpose of the lease is to provide affordable housing, or to ensure the continued affordability of such housing, or both;

    (24) Transfers made to a limited liability company at the time of its formation pursuant to which no gain or loss is recognized under the Internal Revenue Code, except where the Commissioner finds that a major purpose of such transaction is to avoid the property transfer tax;

    (25) Transfer made by a limited liability company to a member in connection with a complete dissolution of the limited liability company, pursuant to which transfer no gain or loss is recognized under the Internal Revenue Code, except where the Commissioner finds that a major purpose of such dissolution is to avoid the property transfer tax. (Added 1967, No. 146, § 1, eff. Jan. 1, 1968; amended 1969, No. 144, § 7, eff. June 1, 1969; 1971, No. 68, § 2, eff. April 15, 1971; 1971, No. 73, § 38, eff. April 16, 1971; 1975, No. 225 (Adj. Sess.), §§ 3-9; 1981, No. 38, § 1, eff. April 21, 1981; 1981, No. 56, § 2; 1981, No. 247 (Adj. Sess.), § 15; 1987, No. 27, § 1, eff. April 30, 1987; 1987, No. 129 (Adj. Sess.), § 1, eff. March 23, 1988; 1987, No. 200 (Adj. Sess.), § 51; 1987, No. 254 (Adj. Sess.), § 5, eff. June 16, 1988; 1989, No. 222 (Adj. Sess.), §§ 20, 21, 40, eff. May 31, 1990; 1991, No. 67, §§ 9-17, 19, eff. June 19, 1991; 1991, No. 186 (Adj. Sess.), § 25, eff. May 7, 1992; 1995, No. 131 (Adj. Sess.), § 1; 1997, No. 50, §§ 29-31, eff. June 26, 1997; 2009, No. 3, § 12a, eff. Sept. 1, 2009; 2011, No. 143 (Adj. Sess.), § 24.)