43-4-22. Exemptions from real estate transfer fee.
The fee imposed by §43-4-21 does not apply to any transfer of title:
(1)Recorded before July 1, 1968;
(2)By or to the United States of America, this state, or any instrumentality, agency, or political subdivision of either;
(3)Solely in order to provide for or to release security for a debt or obligation;
(4)Which confirms or corrects a deed previously executed and recorded;
(5)Between husband and wife, or parent and child with only nominal actual consideration therefor;
(6)On sale for delinquent taxes or assessments, sheriffs' deeds, other deeds issued in foreclosure actions or proceedings or deeds issued in lieu of foreclosure actions or proceedings;
(7)On partition;
(8)Pursuant to any mergers or consolidations of corporations or limited liability companies or plans of reorganization by which substantially all of the assets of corporations or limited liability companies are transferred;
(9)By a subsidiary corporation to its parent corporation for no consideration, nominal consideration, or in sole consideration of the cancellation or surrender of the subsidiary's stock;
(10)Pursuant to decrees of distribution entered in any decedent's estate;
(11)Between an individual grantor, or grantors, and a corporation, where the grantor or grantors and the owner of the majority of the capital stock of the corporation are the same person;
(12)Between any corporation and its stockholders or creditors, or between any limited liability company and its members or creditors, if to effectuate a dissolution of the corporation or limited liability company it is necessary to transfer the title of real property from the corporate entity to the stockholders or creditors;
(13)On cemetery lots and grave sites;
(14)Between an individual grantor, or grantors, and a limited or general partnership if the grantor or grantors and the owner of the majority interest in the limited or general partnership are the same person;
(15)Between a fiduciary and a beneficiary of the fiduciary or between a fiduciary and a third party, if the transfer or conveyance is to accommodate the fiduciary relationship;
(16)Between individuals, regardless of the relationship, if the conveyance is an absolute gift without consideration of any kind in return for the conveyance;
(17)Pursuant to a decree of divorce, annulment, or separate maintenance or pursuant to a settlement agreement approved or adopted by a decree of divorce, annulment, or separate maintenance;
(18)For which no consideration was given;
(19)Between any limited liability company and its members.
Source: SL 1968, ch 27, §6; SL 1969, ch 26, §§2, 3; SL 1972, ch 232, §1; SL 1978, ch 304; SL 1980, ch 292; SL 1985, ch 335; SL 1989, ch 376; SL 1990, ch 346; SL 1994, ch 351, §168.
Structure South Dakota Codified Laws
Chapter 04 - Transfer Of Property
Section 43-4-1 - Transfer of property defined.
Section 43-4-3 - Property not subject to transfer.
Section 43-4-4 - Voluntary transfer of property defined.
Section 43-4-5 - Transfer without writing where not required by statute.
Section 43-4-6 - Transfer in writing a grant.
Section 43-4-7 - Grant takes effect upon delivery by grantor--Presumption as to delivery.
Section 43-4-8 - Absolute delivery of grant required--Conditional delivery ineffective.
Section 43-4-9 - Constructive delivery of grant--Agreement of parties.
Section 43-4-10 - Constructive delivery of grant to stranger for benefit of grantee.
Section 43-4-11 - Escrow delivery of grant.
Section 43-4-12 - Redelivery of grant does not transfer title.
Section 43-4-13 - Grant interpreted as contract.
Section 43-4-14 - Construction of grant--Limitations--Operative words.
Section 43-4-15 - Irreconcilable parts of grant--Prevailing part.
Section 43-4-16 - Grantee favored in interpretation of grant--Exception.
Section 43-4-19 - Transfer of present interest and benefit of condition or covenant.
Section 43-4-20 - Definition of terms.
Section 43-4-21 - Imposition and amount of real estate transfer fee.
Section 43-4-22 - Exemptions from real estate transfer fee.
Section 43-4-23 - Exempt transfers to be marked.
Section 43-4-26 - Falsification of value of real estate or false claim of exemption as misdemeanor.
Section 43-4-37 - Definition of terms for required disclosures in certain real estate transfers.
Section 43-4-38 - Buyer furnished completed disclosure statement prior to written offer--Amendment.
Section 43-4-39 - Terminating written offer made prior to disclosure statement.
Section 43-4-40 - Liability for defect disclosed in statement.
Section 43-4-41 - Good faith disclosure required.
Section 43-4-42 - Liability for failure to comply with disclosure statement requirements.
Section 43-4-43 - Application of disclosure statement requirements.
Section 43-4-44 - Property condition disclosure statement.
Section 43-4-46 - Transfer defined.
Section 43-4-47 - Private transfer fee defined.
Section 43-4-48 - Private transfer fee obligation defined.
Section 43-4-51 - Disclosure of private transfer fee obligations.
Section 43-4-53 - Amendment to notice of transfer fee.
Section 43-4-54 - Effect of failure to record notice of private transfer fee obligation.
Section 43-4-57 - Recorded affidavit constitutes prima facie evidence of stated facts.