The Affidavit is a sworn statement, published by the Anderson County Register of Deeds in South Carolina, on which a person connected with a transfer of realty says whether the deed is subject to the deed recording fee or exempt from it. It is not a property tax bill or return; Anderson County property tax records are held in the county's ACPASS system, and the affidavit only refers to property tax values in item 4(c). On this page you can fill out the Affidavit online on FillingPDF and download or print the completed PDF; the form itself is published by the county at andersoncountysc.org.
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What is Affidavit – Anderson County, SC?
The Affidavit is the two-page sworn statement, headed "State of South Carolina, County of ___", on which a responsible person connected with a transfer of realty states whether the deed is subject to the deed recording fee or exempt from it, and works out the fee when it is not exempt.
The form is built in nine numbered items. Item 2 identifies the property, its County Tax Map Number, the parties and the transfer date. Item 3 asks you to check one box: (a) transfer for consideration paid or to be paid in money or money's worth, (b) transfer between a corporation, partnership or other entity and a stockholder, partner or owner, or a transfer to a trust or distribution to a trust beneficiary, or (c) exempt from the fee. Items 4 through 7 compute the fee on consideration, fair market value, or fair market value as established for property tax purposes, less any lien or encumbrance that existed before and remained after the transfer. Item 8 is the statement, required by Code Section 12-24-70, that you are a responsible person connected with the transaction. Item 9 warns that a willfully false or fraudulent affidavit is a misdemeanor.
The second page carries an Information section that defines "value" and lists fifteen exemptions from the fee, and a notary jurat. The Anderson County Register of Deeds is the office responsible for recording, indexing and maintaining documents that establish ownership of real and personal property in the county.
Who needs to file Affidavit – Anderson County, SC?
The person who completes this Affidavit is a responsible person who was connected with the transaction, as item 8 puts it under Code Section 12-24-70. That person states in item 8 the capacity in which he or she was connected with the transfer, then signs before a notary public.
You use it when a deed transferring realty is being recorded and the deed recording fee must be addressed. The form covers three situations:
- transfers for consideration paid or to be paid in money or money's worth, item 3(a);
- transfers between a corporation, partnership or other entity and a stockholder, partner or owner, and transfers to a trust or distributions to a trust beneficiary, item 3(b);
- transfers exempt from the fee under one of the fifteen exemptions in the Information section, item 3(c).
If you check an exemption, you skip items 4 through 7 and go to item 8. If you rely on exemption 14 (transfer from an agent to the agent's principal), you must also answer whether the agent and principal relationship existed at the time of the original sale and whether its purpose was to purchase the realty.
The form does not say who may sign for someone else; the signer swears the statements personally.
When to file Affidavit – Anderson County, SC
The Affidavit is completed when a deed transferring realty is presented for recording, because it states whether the deed recording fee applies and how much is due. The form prints no separate deadline.
The Anderson County Register of Deeds asks that all documents be in for recording no later than 4:30pm, and its office is open Monday–Friday from 8:30 a.m. to 5:00 p.m. The Register of Deeds page also notes that documents received on August 1st require the new recording fees and points to the fee list under document recording.
The signature must be sworn before a notary public, so the notary step has to be finished before the affidavit is presented.
Documents you need
- For a transfer claimed exempt under exemption 14 (agent to the agent's principal, realty bought with the principal's funds): a notarized document filed with the deed establishing that the agent and principal relationship existed at the time of the original purchase and was for the purpose of purchasing the realty.
How to fill out Affidavit – Anderson County, SC
Enter the county in the heading
At the top, under "STATE OF SOUTH CAROLINA", write the county on the "COUNTY OF" line. The statement begins "PERSONALLY appeared before me the undersigned, who being duly sworn".
Read item 1
Item 1 states that you have read the information on the affidavit and understand it. Read the Information section on page 2 before continuing.
Describe the property in item 2
Enter the location of the property being transferred, its County Tax Map Number, the party who transferred it, the party who received it and the date of the transfer.
Check one box in item 3
Check (a) for a transfer for consideration, (b) for an entity-to-owner transfer or a transfer to a trust or trust beneficiary, or (c) if the deed is exempt and state the exemption. If exempt, skip items 4 through 7 and go to item 8.
Answer the exemption 14 question
Only if you claim exemption 14, check Yes or No on whether the agent and principal relationship existed at the time of the original sale and was meant to purchase the realty.
Choose how the fee is computed
In item 4, check one of (a) consideration paid or to be paid, (b) fair market value of the realty, or (c) fair market value as established for property tax purposes, and enter the amount. This item applies only if you checked 3(a) or 3(b).
Report any lien or encumbrance
In item 5, check Yes or No on whether a lien or encumbrance existed before the transfer and remained after it. If Yes, enter the outstanding balance.
Compute the fee in item 6
Enter the item 4 amount on line 6(a) and the item 5 amount on line 6(b), using zero if none is listed. Subtract 6(b) from 6(a) and enter the result on line 6(c).
Enter the fee due in item 7
State the deed recording fee due, based on the amount on line 6(c). Ask the Register of Deeds for the current fee schedule.
State your connection in item 8
Under Code Section 12-24-70, write the capacity in which you were connected with the transaction as a responsible person.
Sign before a notary and print your name
On page 2, sign as the Responsible Person Connected with the Transaction and print or type your name. The notary completes the "SWORN to before me this ___ day of ___ 20__", notary public and commission-expiration lines.
Review and download the completed PDF
Check that one box is marked in item 3, the arithmetic in item 6 is correct and nothing is left blank that applies. Download or print the completed PDF from FillingPDF, then sign it before a notary.
How to submit Affidavit – Anderson County, SC
The form prints no submission instructions of its own. The Anderson County Register of Deeds is the office that records and maintains ownership documents in the county, and its page gives these details:
- In person: Register of Deeds, 401 East River Street, Anderson, SC 29624, Monday–Friday from 8:30 a.m. to 5:00 p.m. Documents must be in for recording no later than 4:30pm.
- Mailing address listed by the office: PO Box 8002, Anderson, SC 29622.
Present the signed and notarized affidavit through the Register of Deeds as part of the recording of the deed. A deed recording fee applies to transfers that are not exempt, and the Register of Deeds page refers to a fee list under document recording; check it or ask the office for the current amount.
Do not write a Social Security, driver's license, state identification, passport, bank account, credit card or debit card number, PIN or password in a document you file unless the law expressly requires it. FillingPDF lets you fill out and download the PDF; submission follows the Register of Deeds channels above.
Common mistakes to avoid
- Checking more than one box in item 3; the form asks you to check one of (a), (b) or (c).
- Completing items 4 through 7 after checking exempt in item 3(c), when the form says to skip to item 8.
- Claiming exemption 14 without answering the Yes or No question about the agent and principal relationship, or without filing the notarized document with the deed.
- Leaving the item 5 Yes or No unanswered, or leaving line 6(b) blank when no lien amount is listed; the form says to place zero there.
- Subtracting in the wrong direction on line 6(c); it is line 6(b) subtracted from line 6(a).
- Signing the affidavit without a notary; the form includes a jurat for the signature to be sworn before a notary public.
- Treating the form as optional about truthfulness: item 9 says a willfully false or fraudulent affidavit is a misdemeanor.
- Writing a Social Security, driver's license, passport or account number in a document filed for recording when the law does not expressly require it.
Frequently asked questions
What is the Anderson County Register of Deeds Affidavit?
It is a sworn statement, published by the Anderson County Register of Deeds, in which a responsible person says whether a deed transferring realty is subject to the deed recording fee or exempt, and computes the fee when it applies. It is completed under Code Section 12-24-70.
Is this Affidavit an Anderson County property tax form?
No. It concerns the deed recording fee on a transfer of realty. It mentions property tax only in item 4(c), where the fee may be computed on fair market value as established for property tax purposes. Property tax records are held in the county's ACPASS system.
Who has to sign the Affidavit?
A responsible person who was connected with the transaction signs it, stating in item 8 how he or she was connected. The signature is sworn before a notary public, who completes the jurat on page 2.
What do I check if my deed is exempt from the recording fee?
Check item 3(c) and state the exemption, using the fifteen exemptions listed in the Information section on page 2. Then skip items 4 through 7 and go to item 8. Exemption 14 also requires the Yes or No agent and principal question.
How is the deed recording fee computed on the Affidavit?
For items 3(a) and 3(b), item 4 gives the basis (consideration, fair market value, or fair market value for property tax purposes). Item 6 subtracts any remaining lien or encumbrance from that amount, and item 7 states the fee due. The form prints no amounts.
Does the Affidavit need to be notarized?
Yes. The form has a jurat reading "SWORN to before me this ___ day of ___ 20__" with lines for the notary public and commission expiration. Sign it in front of the notary rather than beforehand.
Where do I take the Affidavit in Anderson County?
To the Register of Deeds at 401 East River Street, Anderson, SC 29624, open Monday–Friday from 8:30 a.m. to 5:00 p.m. The office lists PO Box 8002, Anderson, SC 29622 as its other address. Documents must be in for recording by 4:30pm.
What happens if I give false information on the Affidavit?
Item 9 says a person required to furnish the affidavit who willfully furnishes a false or fraudulent one is guilty of a misdemeanor and, on conviction, may be fined or imprisoned, or both. The form states the limits; read item 9 before signing.
Can I fill out the Anderson County Affidavit online?
You can fill out the PDF online on FillingPDF and download or print it. FillingPDF is independent of Anderson County and does not file or record the affidavit; you present it to the Register of Deeds yourself, signed and notarized.
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