New Hampshire Revised Statutes 78-B:4 – Payment of Tax
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I. The purchaser, grantee, assignee or transferee of any real estate or any interest in real estate shall buy and attach the indicia of tax paid approved by the commissioner of revenue administration to the instrument by which the real estate or interest in real estate is sold, granted, assigned or transferred. The indicia of tax paid shall indicate the full consideration paid for the real estate or interest in real estate. The amount of tax shall be computed to the nearest whole dollar.
II. The seller, grantor, assignor or transferor of any real estate or any interest shall buy and attach the indicia of tax paid approved by the commissioner of revenue administration to the instrument by which the real estate or interest in real estate is sold, granted, assigned or transferred. The indicia of tax paid shall indicate the full consideration paid for the real estate or interest in real estate. The amount of tax shall be computed to the nearest whole dollar.
III. The rate of tax established in N.H. Rev. Stat. § 78-B:1 shall apply to both the purchaser, grantee, assignee or transferee and the seller, grantor, assignor or transferor.
IV. Notwithstanding any other provision of this chapter to the contrary, the following subparagraphs shall govern payment of transfer taxes where the real estate consists of manufactured housing, as defined by N.H. Rev. Stat. § 674:31:
(a) If the manufactured housing constitutes stock-in-trade of any dealer engaged in the business of selling manufactured housing and if such manufactured housing has not been previously occupied as a dwelling by any person, the initial sale of such manufactured housing by the dealer shall not constitute a taxable transfer within the meaning of this chapter.
(b) If the manufactured housing has been occupied as a dwelling by any person or is owned by any person other than a dealer described in subparagraph (a), the sale of such manufactured housing shall constitute such a taxable transfer; and the transfer tax shall be paid as follows:
(1) If such manufactured housing remains in the same county within this state, the tax shall be paid by both the purchaser, grantee, assignee or transferee and the seller, grantor, assignor or transferor to the register of deeds of the county in which the manufactured housing is located;
(2) If such manufactured housing is relocated from one county to another county within this state, the tax shall be paid by both the purchaser, grantor, assignee or transferee and the seller, grantor, assignor or transferor only to the register of deeds of the county to which the manufactured housing is relocated;
(3) If such manufactured housing is relocated into this state from another state, the tax shall be paid only by the purchaser, grantee, assignee or transferee to the register of deeds of the county to which the manufactured housing is relocated; and
(4) If such manufactured housing is relocated out of this state, the tax shall be paid only by the seller, grantor, assignor or transferor to the register of deeds of the county from which the manufactured housing is relocated.
II. The seller, grantor, assignor or transferor of any real estate or any interest shall buy and attach the indicia of tax paid approved by the commissioner of revenue administration to the instrument by which the real estate or interest in real estate is sold, granted, assigned or transferred. The indicia of tax paid shall indicate the full consideration paid for the real estate or interest in real estate. The amount of tax shall be computed to the nearest whole dollar.
Terms Used In New Hampshire Revised Statutes 78-B:4
- following: when used by way of reference to any section of these laws, shall mean the section next preceding or following that in which such reference is made, unless some other is expressly designated. See New Hampshire Revised Statutes 21:13
- Grantor: The person who establishes a trust and places property into it.
- person: may extend and be applied to bodies corporate and politic as well as to individuals. See New Hampshire Revised Statutes 21:9
- real estate: shall include lands, tenements, and hereditaments, and all rights thereto and interests therein. See New Hampshire Revised Statutes 21:21
- state: when applied to different parts of the United States, may extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall include said district and territories. See New Hampshire Revised Statutes 21:4
III. The rate of tax established in N.H. Rev. Stat. § 78-B:1 shall apply to both the purchaser, grantee, assignee or transferee and the seller, grantor, assignor or transferor.
IV. Notwithstanding any other provision of this chapter to the contrary, the following subparagraphs shall govern payment of transfer taxes where the real estate consists of manufactured housing, as defined by N.H. Rev. Stat. § 674:31:
(a) If the manufactured housing constitutes stock-in-trade of any dealer engaged in the business of selling manufactured housing and if such manufactured housing has not been previously occupied as a dwelling by any person, the initial sale of such manufactured housing by the dealer shall not constitute a taxable transfer within the meaning of this chapter.
(b) If the manufactured housing has been occupied as a dwelling by any person or is owned by any person other than a dealer described in subparagraph (a), the sale of such manufactured housing shall constitute such a taxable transfer; and the transfer tax shall be paid as follows:
(1) If such manufactured housing remains in the same county within this state, the tax shall be paid by both the purchaser, grantee, assignee or transferee and the seller, grantor, assignor or transferor to the register of deeds of the county in which the manufactured housing is located;
(2) If such manufactured housing is relocated from one county to another county within this state, the tax shall be paid by both the purchaser, grantor, assignee or transferee and the seller, grantor, assignor or transferor only to the register of deeds of the county to which the manufactured housing is relocated;
(3) If such manufactured housing is relocated into this state from another state, the tax shall be paid only by the purchaser, grantee, assignee or transferee to the register of deeds of the county to which the manufactured housing is relocated; and
(4) If such manufactured housing is relocated out of this state, the tax shall be paid only by the seller, grantor, assignor or transferor to the register of deeds of the county from which the manufactured housing is relocated.