Exempt Affidavit – Anderson County, SC

The Exempt Affidavit, titled Affidavit for Exempt Transfers on the form, is a notarized statement in which a person connected with a real estate transfer swears that the deed is exempt from the deed recording fee and names the exemption that applies.

The form is a State of South Carolina affidavit published by the Anderson County Register of Deeds. The Register of Deeds records, indexes and maintains the legal documents that establish ownership of real and personal property in Anderson County. The affidavit identifies the property, its County Tax Map Number, who transferred it, to whom and on what date. It then states the reason for the exemption, asks the signer to state, as required by Code Section 12-24-70, how they were connected with the transaction, and warns that willfully furnishing a false or fraudulent affidavit is a misdemeanor.

An Information section printed on the form lists the exemptions, numbered (1) to (15). They include:

• transfers of nominal value as defined in Code Section 12-24-30;
• transfers to the federal government, a state or its political subdivisions, including school districts;
• transfers between spouses under Section 1041 of the Internal Revenue Code, and partition transfers with no other consideration;
• timber-to-be-cut contracts and individual cemetery grave spaces;
• certain transfers into or out of corporations, partnerships and trusts, including family partnerships and family trusts;
• corrective or quitclaim deeds confirming title already vested;
• deeds to a mortgagee in lieu of foreclosure or under foreclosure;
• transfers from an agent to the agent's principal (exemption 14);
• certain electric transmission facility transfers (exemption 15).

The form is not a property tax return or bill. It supports the exemption of one deed from the recording fee.

A responsible person connected with the transaction signs this affidavit when a deed is claimed to be exempt from the deed recording fee. Item 4 asks you to state, as required by Code Section 12-24-70, the capacity in which you were connected with the transaction.

The form applies only to deeds that fit one of the exemptions numbered (1) to (15) in its Information section, such as transfers to a government body, partition transfers with no consideration, corrective or quitclaim deeds that only confirm title already vested, or deeds in lieu of foreclosure. Read that section first: the form requires you to confirm in item 1 that you have read and understood it.

Special condition for agents and principals: if you claim exemption 14, the form asks whether the agent and principal relationship existed at the time of the original sale and whether its purpose was to purchase the realty. The Information section also requires a notarized document filed with the deed establishing that relationship.

Do not use this affidavit if no listed exemption applies to your deed. The signer must swear to the statements before a notary public, so the form cannot be completed as a plain, unsworn declaration.

Complete the affidavit when a deed that claims an exemption from the deed recording fee is prepared for recording at the Anderson County Register of Deeds. No separate due date is printed on the form, so it travels with the deed it supports.

The Register of Deeds page asks that all documents be in for recording no later than 4:30pm. The page also notes that a new recording fee list applies to documents received on August 1st; it points to the fee list under document recording for current amounts.

The signature must be sworn before a notary public, so schedule the notary visit before you bring the deed in. The form leaves the date of the oath blank to be filled in at that meeting.

The form itself names no filing channel; the affidavit goes to the Anderson County Register of Deeds together with the deed it supports. The Register of Deeds lists these details:

• In person: Register of Deeds, 401 East River Street, Anderson, SC 29624. Hours of service are Monday–Friday, 8:30 a.m.–5:00 p.m.
• Mailing address listed by the office: PO Box 8002, Anderson, SC 29622.

The office asks that all documents for recording be in no later than 4:30pm. A recording fee list is posted on the Register of Deeds page under document recording; the form does not give amounts. Before you go, make sure the affidavit is signed and sworn before a notary public, and, if you claim exemption 14, that the required notarized document establishing the agent and principal relationship is filed with the deed. FillingPDF lets you fill out and download the PDF; submission follows the Register of Deeds' channels above.