(A) For purposes of this chapter, the term "value" means the consideration paid or to be paid in money or money's worth for the realty including other realty, personal property, stocks, bonds, partnership interests, and other intangible property, the forgiveness or cancellation of a debt, the assumption of a debt, and the surrendering of a right. The fair market value of the consideration must be used in calculating the consideration paid in money's worth. Taxpayers may elect to use the fair market value of the realty being transferred in determining fair market value of the consideration under the provisions of this section. However, in the case of realty transferred between a corporation, a partnership, or other entity and its stockholder, partner, or owner, and in the case of realty transferred to a trust or as a distribution to a trust beneficiary, "value" means the realty's fair market value.
(B) A deduction from value is allowed for the amount of any lien or encumbrance existing on the land, tenement, or realty before the transfer and remaining on the land, tenement, or realty after the transfer.
(C) Taxpayers may elect to use the fair market value as determined for property tax purposes in determining fair market value under the provisions of this section.
HISTORY: 1996 Act No. 458, Part II, Section 57A; 1997 Act No. 73, Section 2.
Structure South Carolina Code of Laws
Chapter 24 - Deed Recording Fee
Section 12-24-10. Recording fee; exceptions.
Section 12-24-20. Liability for fee.
Section 12-24-30. "Value" defined.
Section 12-24-50. Remittance of fee.
Section 12-24-80. Records of fees due and collected.
Section 12-24-90. Fee calculation.
Section 12-24-100. Monthly payments to department; reports.
Section 12-24-110. Presumption concerning titles.
Section 12-24-130. Lien for fees, penalties or interest.
Section 12-24-140. Designation of office to collect fees.
Section 12-24-150. Promulgation of regulations; refunds; other laws.
Section 12-24-160. Recording and filing fees; boundary clarification.