§247-3  Exemptions.  The tax imposed bysection 247-1 shall not apply to:

(1)  Any document or instrument that is executed priorto January 1, 1967;

(2)  Any document or instrument that is given tosecure a debt or obligation;

(3)  Any document or instrument that only confirms orcorrects a deed, lease, sublease, assignment, transfer, or conveyancepreviously recorded or filed;

(4)  Any document or instrument between husband andwife, reciprocal beneficiaries, or parent and child, in which only a nominal considerationis paid;

(5)  Any document or instrument in which there is aconsideration of $100 or less paid or to be paid;

(6)  Any document or instrument conveying realproperty that is executed pursuant to an agreement of sale, and whereapplicable, any assignment of the agreement of sale, or assignments thereof;provided that the taxes under this chapter have been fully paid upon theagreement of sale, and where applicable, upon such assignment or assignments ofagreements of sale;

(7)  Any deed, lease, sublease, assignment of lease,agreement of sale, assignment of agreement of sale, instrument or writing inwhich the United States or any agency or instrumentality thereof or the Stateor any agency, instrumentality, or governmental or political subdivisionthereof are the only parties thereto;

(8)  Any document or instrument executed pursuant to atax sale conducted by the United States or any agency or instrumentalitythereof or the State or any agency, instrumentality, or governmental orpolitical subdivision thereof for delinquent taxes or assessments;

(9)  Any document or instrument conveying realproperty to the United States or any agency or instrumentality thereof or theState or any agency, instrumentality, or governmental or political subdivisionthereof pursuant to the threat of the exercise or the exercise of the power ofeminent domain;

(10)  Any document or instrument that solely conveys orgrants an easement or easements;

(11)  Any document or instrument whereby ownerspartition their property, whether by mutual agreement or judicial action;provided that the value of each owner's interest in the property afterpartition is equal in value to that owner's interest before partition;

(12)  Any document or instrument between maritalpartners or reciprocal beneficiaries who are parties to a divorce action ortermination of reciprocal beneficiary relationship that is executed pursuant toan order of the court in the divorce action or termination of reciprocalbeneficiary relationship;

(13)  Any document or instrument conveying realproperty from a testamentary trust to a beneficiary under the trust;

(14)  Any document or instrument conveying realproperty from a grantor to the grantor's revocable living trust, or from agrantor's revocable living trust to the grantor as beneficiary of the trust;

(15)  Any document or instrument conveying realproperty, or any interest therein, from an entity that is a party to a mergeror consolidation under chapter 414, 414D, 415A, 421, 421C, 425, 425E, or 428 tothe surviving or new entity;

(16)  Any document or instrument conveying realproperty, or any interest therein, from a dissolving limited partnership to itscorporate general partner that owns, directly or indirectly, at least a ninetyper cent interest in the partnership, determined by applying section 318 (withrespect to constructive ownership of stock) of the federal Internal RevenueCode of 1986, as amended, to the constructive ownership of interests in thepartnership; and

(17)  Any document or instrument conveying realproperty to any nonprofit or for-profit organization that has been certified bythe Hawaii housing finance and development corporation for low-income housingdevelopment. [L 1966, c 10, pt of §1; HRS §247-3; am L 1968, c 5, §§4 to 8; amL 1993, c 195, §3; am L 1997, c 383, §39; am L 1999, c 295, §1; am L 2002, c40, §9; am L 2003, c 210, §4; am L 2005, c 196, §9; am L 2006, c 180, §16]

 

Note

 

  Chapter 415 referredto in text is repealed.  For present provisions, see chapter 414.

  Effective July 1,2002, chapter 415B referred to in text is repealed.  For provisions effectiveJuly 1, 2002, see chapter 414D.