§ 27-31-81. Persons liable for tax; time for payment; penalty for insufficient payment.
[Effective until January 1, 2009, this section will read:]
The mineral documentary tax shall be payable by the grantee or grantees named in and the beneficiary or real party in interest under such lease, deed, conveyance, transfer, assignment or other writing except that as to any exception or reservation creating any such interest the same shall be payable by the grantor or grantors in such instrument. Said tax shall be due and payable upon the filing of such instrument for record, by the purchase and affixing of documentary tax stamps as hereinafter provided. Any chancery clerk who accepts or records such an instrument upon which the tax is not paid to him as required herein shall be liable to the county for double the amount of tax shown to have been due upon the instrument; provided, the chancery clerk shall not be liable for any such sum where the amount of such tax tendered is accepted by him in good faith as the proper amount due. If an insufficient amount is paid for such tax, the filing and recording of the instrument shall nevertheless be good and valid for all purposes as now provided by statute but the additional amount which should have been paid, together with a penalty of 25% thereof and 1% interest per month thereon from the due date until paid, shall be a lien on the interest conveyed, reserved or excepted therein, and a personal debt of the said taxpayer, collectible by suit by the county for personal judgment or to enforce the lien or both.
If stamps are temporarily unavailable to the chancery clerk, he shall nevertheless collect the said tax, shall duly record the instrument and make the hereinafter required notation of tax payment on the record, and shall obtain such stamps as soon as available and affix them to such instrument.
[Effective from and after January 1, 2009, this section will read:]
The mineral documentary tax shall be payable by the grantee or grantees named in and the beneficiary or real party in interest under such lease, deed, conveyance, transfer, assignment or other writing, except that as to any exception or reservation creating any such interest the tax shall be payable by the grantor or grantors in such instrument. The tax shall be due and payable upon the filing of the instrument for record, and the chancery clerk shall note the fact of the payment as provided in Section 27-31-83. Any chancery clerk, who accepts or records an instrument upon which the tax is not paid to him as required under this section, shall be liable to the county for double the amount of tax shown to have been due upon the instrument; however, the chancery clerk shall not be liable for any sum where the amount of the tax tendered is accepted by him in good faith as the proper amount due. If an insufficient amount is paid for the tax, the filing and recording of the instrument shall nevertheless be good and valid for all purposes as now provided by statute, but the additional amount which should have been paid, together with a penalty of twenty-five percent (25%) thereof and one percent (1%) interest per month thereon from the due date until paid, shall be a lien on the interest conveyed, reserved or excepted therein, and a personal debt of the said taxpayer, collectible by suit by the county for personal judgment or to enforce the lien or both.
Sources: Codes, 1942, § 9701-06; Laws, 1946, ch. 409, § 6; Laws, 2008, ch. 381, § 3, eff from and after Jan. 1, 2009.
§ 27-31-81. Persons liable for tax; time for payment; penalty for insufficient payment.
[Effective until January 1, 2009, this section will read:]
The mineral documentary tax shall be payable by the grantee or grantees named in and the beneficiary or real party in interest under such lease, deed, conveyance, transfer, assignment or other writing except that as to any exception or reservation creating any such interest the same shall be payable by the grantor or grantors in such instrument. Said tax shall be due and payable upon the filing of such instrument for record, by the purchase and affixing of documentary tax stamps as hereinafter provided. Any chancery clerk who accepts or records such an instrument upon which the tax is not paid to him as required herein shall be liable to the county for double the amount of tax shown to have been due upon the instrument; provided, the chancery clerk shall not be liable for any such sum where the amount of such tax tendered is accepted by him in good faith as the proper amount due. If an insufficient amount is paid for such tax, the filing and recording of the instrument shall nevertheless be good and valid for all purposes as now provided by statute but the additional amount which should have been paid, together with a penalty of 25% thereof and 1% interest per month thereon from the due date until paid, shall be a lien on the interest conveyed, reserved or excepted therein, and a personal debt of the said taxpayer, collectible by suit by the county for personal judgment or to enforce the lien or both.
If stamps are temporarily unavailable to the chancery clerk, he shall nevertheless collect the said tax, shall duly record the instrument and make the hereinafter required notation of tax payment on the record, and shall obtain such stamps as soon as available and affix them to such instrument.
[Effective from and after January 1, 2009, this section will read:]
The mineral documentary tax shall be payable by the grantee or grantees named in and the beneficiary or real party in interest under such lease, deed, conveyance, transfer, assignment or other writing, except that as to any exception or reservation creating any such interest the tax shall be payable by the grantor or grantors in such instrument. The tax shall be due and payable upon the filing of the instrument for record, and the chancery clerk shall note the fact of the payment as provided in Section 27-31-83. Any chancery clerk, who accepts or records an instrument upon which the tax is not paid to him as required under this section, shall be liable to the county for double the amount of tax shown to have been due upon the instrument; however, the chancery clerk shall not be liable for any sum where the amount of the tax tendered is accepted by him in good faith as the proper amount due. If an insufficient amount is paid for the tax, the filing and recording of the instrument shall nevertheless be good and valid for all purposes as now provided by statute, but the additional amount which should have been paid, together with a penalty of twenty-five percent (25%) thereof and one percent (1%) interest per month thereon from the due date until paid, shall be a lien on the interest conveyed, reserved or excepted therein, and a personal debt of the said taxpayer, collectible by suit by the county for personal judgment or to enforce the lien or both.
Sources: Codes, 1942, § 9701-06; Laws, 1946, ch. 409, § 6; Laws, 2008, ch. 381, § 3, eff from and after Jan. 1, 2009.
§ 27-31-81. Persons liable for tax; time for payment; penalty for insufficient payment.
[Effective until January 1, 2009, this section will read:]
The mineral documentary tax shall be payable by the grantee or grantees named in and the beneficiary or real party in interest under such lease, deed, conveyance, transfer, assignment or other writing except that as to any exception or reservation creating any such interest the same shall be payable by the grantor or grantors in such instrument. Said tax shall be due and payable upon the filing of such instrument for record, by the purchase and affixing of documentary tax stamps as hereinafter provided. Any chancery clerk who accepts or records such an instrument upon which the tax is not paid to him as required herein shall be liable to the county for double the amount of tax shown to have been due upon the instrument; provided, the chancery clerk shall not be liable for any such sum where the amount of such tax tendered is accepted by him in good faith as the proper amount due. If an insufficient amount is paid for such tax, the filing and recording of the instrument shall nevertheless be good and valid for all purposes as now provided by statute but the additional amount which should have been paid, together with a penalty of 25% thereof and 1% interest per month thereon from the due date until paid, shall be a lien on the interest conveyed, reserved or excepted therein, and a personal debt of the said taxpayer, collectible by suit by the county for personal judgment or to enforce the lien or both.
If stamps are temporarily unavailable to the chancery clerk, he shall nevertheless collect the said tax, shall duly record the instrument and make the hereinafter required notation of tax payment on the record, and shall obtain such stamps as soon as available and affix them to such instrument.
[Effective from and after January 1, 2009, this section will read:]
The mineral documentary tax shall be payable by the grantee or grantees named in and the beneficiary or real party in interest under such lease, deed, conveyance, transfer, assignment or other writing, except that as to any exception or reservation creating any such interest the tax shall be payable by the grantor or grantors in such instrument. The tax shall be due and payable upon the filing of the instrument for record, and the chancery clerk shall note the fact of the payment as provided in Section 27-31-83. Any chancery clerk, who accepts or records an instrument upon which the tax is not paid to him as required under this section, shall be liable to the county for double the amount of tax shown to have been due upon the instrument; however, the chancery clerk shall not be liable for any sum where the amount of the tax tendered is accepted by him in good faith as the proper amount due. If an insufficient amount is paid for the tax, the filing and recording of the instrument shall nevertheless be good and valid for all purposes as now provided by statute, but the additional amount which should have been paid, together with a penalty of twenty-five percent (25%) thereof and one percent (1%) interest per month thereon from the due date until paid, shall be a lien on the interest conveyed, reserved or excepted therein, and a personal debt of the said taxpayer, collectible by suit by the county for personal judgment or to enforce the lien or both.
Sources: Codes, 1942, § 9701-06; Laws, 1946, ch. 409, § 6; Laws, 2008, ch. 381, § 3, eff from and after Jan. 1, 2009.
