HRS § 247-3 — Exemptions


§247-3 Exemptions. The tax imposed by
section 247-1 shall not apply to:
(1) Any document or instrument that is executed prior
to January 1, 1967;
(2) Any document or instrument that is given to
secure a debt or obligation;
(3) Any document or instrument that only confirms or
corrects a deed, lease, sublease, assignment, transfer, or conveyance
previously recorded or filed;
(4) Any document or instrument between husband and
wife, reciprocal beneficiaries, or parent and child, in which only a nominal
consideration is paid;
(5) Any document or instrument in which there is a
consideration of $100 or less paid or to be paid;
(6) Any document or instrument conveying real
property that is executed pursuant to an agreement of sale, and where
applicable, any assignment of the agreement of sale, or assignments thereof;
provided that the taxes under this chapter have been fully paid upon the
agreement of sale, and where applicable, upon such assignment or assignments of
agreements of sale;
(7) Any deed, lease, sublease, assignment of lease,
agreement of sale, assignment of agreement of sale, instrument or writing in
which the United States or any agency or instrumentality thereof or the State
or any agency, instrumentality, or governmental or political subdivision
thereof are the only parties thereto;
(8) Any document or instrument executed pursuant to a
tax sale conducted by the United States or any agency or instrumentality
thereof or the State or any agency, instrumentality, or governmental or
political subdivision thereof for delinquent taxes or assessments;
(9) Any document or instrument conveying real
property to the United States or any agency or instrumentality thereof or the
State or any agency, instrumentality, or governmental or political subdivision
thereof pursuant to the threat of the exercise or the exercise of the power of
eminent domain;
(10) Any document or instrument that solely conveys or
grants an easement or easements;
(11) Any document or instrument whereby owners
partition their property, whether by mutual agreement or judicial action;
provided that the value of each owner's interest in the property after
partition is equal in value to that owner's interest before partition;
(12) Any document or instrument between marital
partners or reciprocal beneficiaries who are parties to a divorce action or
termination of reciprocal beneficiary relationship that is executed pursuant to
an order of the court in the divorce action or termination of reciprocal
beneficiary relationship;
(13) Any document or instrument conveying real
property from a testamentary trust to a beneficiary under the trust;
(14) Any document or instrument conveying real
property from a grantor to the grantor's revocable living trust, or from a
grantor's revocable living trust to the grantor as beneficiary of the trust;
(15) Any document or instrument conveying real
property, or any interest therein, from an entity that is a party to a merger
or consolidation under chapter 414, 414D, 415A, 421, 421C, 425, 425E, or 428 to
the surviving or new entity;
(16) Any document or instrument conveying real
property, or any interest therein, from a dissolving limited partnership to its
corporate general partner that owns, directly or indirectly, at least a ninety
per cent interest in the partnership, determined by applying section 318 (with
respect to constructive ownership of stock) of the federal Internal Revenue
Code of 1986, as amended, to the constructive ownership of interests in the
partnership; and
[(17)] Any document or instrument that conforms to the
transfer on death deed as authorized under chapter 527.