No deed, bill of sale, or other instrument of like character which conveys any real or personal property within this state or which conveys any interest in any such property, except the transfer of mortgages on real or personal property within this state upon which the mortgage tax has been paid, deeds or instruments executed for a nominal consideration for the purpose of perfecting the title to real estate, the re-recordation of corrected mortgages, deeds, or instruments executed for the purpose of perfecting the title to real or personal property, specifically, but not limited to, corrections of maturity dates thereof, and deeds and other instruments or conveyances, executed prior to October 1, 1923, shall be received for record unless the following privilege or license tax shall have been paid upon such instrument before the same is offered for record: Upon all such instruments which are executed to convey real or personal property situated in this state of the value of $500 or less there shall be paid the sum of $.50, and upon all such instruments executed to convey real or personal property situated in this state of more than $500 in value there shall be paid the sum of $.50 for each $500 or fraction thereof in value of property conveyed by such instrument; provided, that only the value in excess of any mortgages or vendor's lien upon any property within this state on which the mortgage tax has been paid shall be taxable under this section; and provided further, that where several deeds or instruments are executed by tenants in common for the same consideration, only one of such instruments shall be taxable under this section. Upon the presentation of any such instrument for record, the judge of probate shall determine the amount of tax due thereon; and, upon the payment to him of the amount of such tax and recording fee of the judge of probate, he shall accept the same for record; provided, that upon the presentation for record of any instrument which conveys property situated in two or more counties of this state, the judge of probate shall certify the facts of the case together with a description of the property conveyed by such instrument to the Department of Revenue, which after hearing such evidence as may be offered or as it may secure, shall fix and determine the value of such property as located in each county and shall certify its determination thereof to the judge of probate, showing the value of such property in each county separately; and, upon the payment to the judge of probate of the tax due on the value of all property in this state conveyed by such instrument as so determined, the judge of probate shall accept such instrument for record. The person presenting any such instrument conveying property in two or more counties of this state may secure immediate filing of such instrument for record by depositing with the judge of probate, to be held by him until the amount of the tax due thereon is determined, an amount which in the judgment of the judge of probate will cover the tax herein provided for, and after the value of the property conveyed thereby is determined by the Department of Revenue, as provided herein, any excess of such deposit over the amount of tax found to be due on such instrument shall be refunded to the person offering such instrument for record. The determination by the judge of probate and of the Department of Revenue of the amount of tax due on any such instrument is hereby declared to be a ministerial act and shall not preclude the subsequent collection of the correct amount of tax if the value of the property thereby conveyed is not fully disclosed to the judge of probate or the Department of Revenue when such instrument is offered for record. Upon the filing for record of any instrument coming within the terms of this section, the judge of probate shall certify thereon the fact that the tax thereon has been paid, showing the amount of such tax, and thereafter such instrument shall be received for record in any county of this state without the payment of any further tax thereon, except the fee of the judge of probate for recording such instrument, which certificate shall be recorded with and as part of such instrument.
Upon the filing for record of any instrument which has been exempted by law from the payment of the tax provided for in this section, the judge of probate shall certify thereon that no tax has been paid and shall stamp in bold letters on the face of said instruments the words "No Tax Collected," and said certificate shall be recorded with and as a part of such instrument, and thereafter such instrument shall be received for record in any county in this state without the payment of any further tax thereon, when submitted by the same tax exempt institution or another tax exempt institution, but if submitted by or transferred to an institution or person not exempt from the payment of the tax levied under this section, the judge of probate shall collect the tax levied by this section, together with the fee of the judge of probate for recording such instrument, before it will be admitted to record.
Of the tax collected by the judge of probate under the provisions of this section there shall be paid into the State Treasury two thirds of the amount so collected, and the remaining one third shall be paid into the county treasury; provided, that the counties' share of the tax collected on any instrument conveying property in more than one county shall be paid into the county treasuries of the counties in which such property is situated in proportion to the value of such property as determined by the Department of Revenue as herein provided. The judge of probate shall receive two and one-half percent of the amount collected by him under the provisions of this section as his commission for collecting said money, which shall be deducted from the total amount collected and retained by him when making settlement of his collections as required by law; provided, that this section shall not be so construed or enforced as to require the payment of privilege tax herein provided on mortgages, deeds of trust, or other instruments in the nature of a mortgage or deeds or other instruments with a vendor's lien except as to that part of the purchase price which is paid in cash or other articles of value and which pay no other privilege tax for recording; provided, that in counties where the probate judges are paid salaries, the fee or commission collected or retained by the probate judges for collecting the tax herein provided for shall be paid by them into the treasuries of their respective counties.
(Acts 1935, No. 194, p. 256; Code 1940, T. 51, §618; Acts 1953, No. 769, p. 1029; Acts 1987, No. 87-816, p. 1630, §1.)
No deed, bill of sale, or other instrument of like character which conveys any real or personal property within this state or which conveys any interest in any such property, except the transfer of mortgages on real or personal property within this state upon which the mortgage tax has been paid, deeds or instruments executed for a nominal consideration for the purpose of perfecting the title to real estate, the re-recordation of corrected mortgages, deeds, or instruments executed for the purpose of perfecting the title to real or personal property, specifically, but not limited to, corrections of maturity dates thereof, and deeds and other instruments or conveyances, executed prior to October 1, 1923, shall be received for record unless the following privilege or license tax shall have been paid upon such instrument before the same is offered for record: Upon all such instruments which are executed to convey real or personal property situated in this state of the value of $500 or less there shall be paid the sum of $.50, and upon all such instruments executed to convey real or personal property situated in this state of more than $500 in value there shall be paid the sum of $.50 for each $500 or fraction thereof in value of property conveyed by such instrument; provided, that only the value in excess of any mortgages or vendor's lien upon any property within this state on which the mortgage tax has been paid shall be taxable under this section; and provided further, that where several deeds or instruments are executed by tenants in common for the same consideration, only one of such instruments shall be taxable under this section. Upon the presentation of any such instrument for record, the judge of probate shall determine the amount of tax due thereon; and, upon the payment to him of the amount of such tax and recording fee of the judge of probate, he shall accept the same for record; provided, that upon the presentation for record of any instrument which conveys property situated in two or more counties of this state, the judge of probate shall certify the facts of the case together with a description of the property conveyed by such instrument to the Department of Revenue, which after hearing such evidence as may be offered or as it may secure, shall fix and determine the value of such property as located in each county and shall certify its determination thereof to the judge of probate, showing the value of such property in each county separately; and, upon the payment to the judge of probate of the tax due on the value of all property in this state conveyed by such instrument as so determined, the judge of probate shall accept such instrument for record. The person presenting any such instrument conveying property in two or more counties of this state may secure immediate filing of such instrument for record by depositing with the judge of probate, to be held by him until the amount of the tax due thereon is determined, an amount which in the judgment of the judge of probate will cover the tax herein provided for, and after the value of the property conveyed thereby is determined by the Department of Revenue, as provided herein, any excess of such deposit over the amount of tax found to be due on such instrument shall be refunded to the person offering such instrument for record. The determination by the judge of probate and of the Department of Revenue of the amount of tax due on any such instrument is hereby declared to be a ministerial act and shall not preclude the subsequent collection of the correct amount of tax if the value of the property thereby conveyed is not fully disclosed to the judge of probate or the Department of Revenue when such instrument is offered for record. Upon the filing for record of any instrument coming within the terms of this section, the judge of probate shall certify thereon the fact that the tax thereon has been paid, showing the amount of such tax, and thereafter such instrument shall be received for record in any county of this state without the payment of any further tax thereon, except the fee of the judge of probate for recording such instrument, which certificate shall be recorded with and as part of such instrument.
Upon the filing for record of any instrument which has been exempted by law from the payment of the tax provided for in this section, the judge of probate shall certify thereon that no tax has been paid and shall stamp in bold letters on the face of said instruments the words "No Tax Collected," and said certificate shall be recorded with and as a part of such instrument, and thereafter such instrument shall be received for record in any county in this state without the payment of any further tax thereon, when submitted by the same tax exempt institution or another tax exempt institution, but if submitted by or transferred to an institution or person not exempt from the payment of the tax levied under this section, the judge of probate shall collect the tax levied by this section, together with the fee of the judge of probate for recording such instrument, before it will be admitted to record.
Of the tax collected by the judge of probate under the provisions of this section there shall be paid into the State Treasury two thirds of the amount so collected, and the remaining one third shall be paid into the county treasury; provided, that the counties' share of the tax collected on any instrument conveying property in more than one county shall be paid into the county treasuries of the counties in which such property is situated in proportion to the value of such property as determined by the Department of Revenue as herein provided. The judge of probate shall receive two and one-half percent of the amount collected by him under the provisions of this section as his commission for collecting said money, which shall be deducted from the total amount collected and retained by him when making settlement of his collections as required by law; provided, that this section shall not be so construed or enforced as to require the payment of privilege tax herein provided on mortgages, deeds of trust, or other instruments in the nature of a mortgage or deeds or other instruments with a vendor's lien except as to that part of the purchase price which is paid in cash or other articles of value and which pay no other privilege tax for recording; provided, that in counties where the probate judges are paid salaries, the fee or commission collected or retained by the probate judges for collecting the tax herein provided for shall be paid by them into the treasuries of their respective counties.
(Acts 1935, No. 194, p. 256; Code 1940, T. 51, §618; Acts 1953, No. 769, p. 1029; Acts 1987, No. 87-816, p. 1630, §1.)
No deed, bill of sale, or other instrument of like character which conveys any real or personal property within this state or which conveys any interest in any such property, except the transfer of mortgages on real or personal property within this state upon which the mortgage tax has been paid, deeds or instruments executed for a nominal consideration for the purpose of perfecting the title to real estate, the re-recordation of corrected mortgages, deeds, or instruments executed for the purpose of perfecting the title to real or personal property, specifically, but not limited to, corrections of maturity dates thereof, and deeds and other instruments or conveyances, executed prior to October 1, 1923, shall be received for record unless the following privilege or license tax shall have been paid upon such instrument before the same is offered for record: Upon all such instruments which are executed to convey real or personal property situated in this state of the value of $500 or less there shall be paid the sum of $.50, and upon all such instruments executed to convey real or personal property situated in this state of more than $500 in value there shall be paid the sum of $.50 for each $500 or fraction thereof in value of property conveyed by such instrument; provided, that only the value in excess of any mortgages or vendor's lien upon any property within this state on which the mortgage tax has been paid shall be taxable under this section; and provided further, that where several deeds or instruments are executed by tenants in common for the same consideration, only one of such instruments shall be taxable under this section. Upon the presentation of any such instrument for record, the judge of probate shall determine the amount of tax due thereon; and, upon the payment to him of the amount of such tax and recording fee of the judge of probate, he shall accept the same for record; provided, that upon the presentation for record of any instrument which conveys property situated in two or more counties of this state, the judge of probate shall certify the facts of the case together with a description of the property conveyed by such instrument to the Department of Revenue, which after hearing such evidence as may be offered or as it may secure, shall fix and determine the value of such property as located in each county and shall certify its determination thereof to the judge of probate, showing the value of such property in each county separately; and, upon the payment to the judge of probate of the tax due on the value of all property in this state conveyed by such instrument as so determined, the judge of probate shall accept such instrument for record. The person presenting any such instrument conveying property in two or more counties of this state may secure immediate filing of such instrument for record by depositing with the judge of probate, to be held by him until the amount of the tax due thereon is determined, an amount which in the judgment of the judge of probate will cover the tax herein provided for, and after the value of the property conveyed thereby is determined by the Department of Revenue, as provided herein, any excess of such deposit over the amount of tax found to be due on such instrument shall be refunded to the person offering such instrument for record. The determination by the judge of probate and of the Department of Revenue of the amount of tax due on any such instrument is hereby declared to be a ministerial act and shall not preclude the subsequent collection of the correct amount of tax if the value of the property thereby conveyed is not fully disclosed to the judge of probate or the Department of Revenue when such instrument is offered for record. Upon the filing for record of any instrument coming within the terms of this section, the judge of probate shall certify thereon the fact that the tax thereon has been paid, showing the amount of such tax, and thereafter such instrument shall be received for record in any county of this state without the payment of any further tax thereon, except the fee of the judge of probate for recording such instrument, which certificate shall be recorded with and as part of such instrument.
Upon the filing for record of any instrument which has been exempted by law from the payment of the tax provided for in this section, the judge of probate shall certify thereon that no tax has been paid and shall stamp in bold letters on the face of said instruments the words "No Tax Collected," and said certificate shall be recorded with and as a part of such instrument, and thereafter such instrument shall be received for record in any county in this state without the payment of any further tax thereon, when submitted by the same tax exempt institution or another tax exempt institution, but if submitted by or transferred to an institution or person not exempt from the payment of the tax levied under this section, the judge of probate shall collect the tax levied by this section, together with the fee of the judge of probate for recording such instrument, before it will be admitted to record.
Of the tax collected by the judge of probate under the provisions of this section there shall be paid into the State Treasury two thirds of the amount so collected, and the remaining one third shall be paid into the county treasury; provided, that the counties' share of the tax collected on any instrument conveying property in more than one county shall be paid into the county treasuries of the counties in which such property is situated in proportion to the value of such property as determined by the Department of Revenue as herein provided. The judge of probate shall receive two and one-half percent of the amount collected by him under the provisions of this section as his commission for collecting said money, which shall be deducted from the total amount collected and retained by him when making settlement of his collections as required by law; provided, that this section shall not be so construed or enforced as to require the payment of privilege tax herein provided on mortgages, deeds of trust, or other instruments in the nature of a mortgage or deeds or other instruments with a vendor's lien except as to that part of the purchase price which is paid in cash or other articles of value and which pay no other privilege tax for recording; provided, that in counties where the probate judges are paid salaries, the fee or commission collected or retained by the probate judges for collecting the tax herein provided for shall be paid by them into the treasuries of their respective counties.
(Acts 1935, No. 194, p. 256; Code 1940, T. 51, §618; Acts 1953, No. 769, p. 1029; Acts 1987, No. 87-816, p. 1630, §1.)
