D.C. Code § 42-1102
The following deeds shall be exempt from the tax imposed by this chapter:
(21) A security interest instrument in Class 1A or 1B Property, as that class of property is established pursuant to § 47-813, that contains no more than 5 dwelling units. Each security interest instrument submitted for recordation for which an exemption under this paragraph is claimed shall have affixed thereto an affidavit stating the following:
“I (we) the owner(s) of the real property described within certify, subject to criminal penalties for making false statements pursuant to § 22-2405 of the District of Columbia Code , that the real property described within is Class 1A or 1B Property, as that class of property is established pursuant to § 47-813, with 5 or fewer units.”;
(22)
(24)
(25)
(C) For purposes of this paragraph, the term:
(28)
(B) For the purposes of subparagraph (A) of this paragraph, a trust is a special needs trust if the trust instrument:
(ii)
(36)
D.C. Law 20-141 became effective on Dec. 4, 2014, but was repealed prior to its effective date by emergency D.C. Act 20-377, § 7114, eff. July 14, 2014, 61 DCR 7598, by emergency D.C. Act 20-449, § 7104, eff. October 10, 2014, 61 DCR 10915, by emergency D.C. Act 20-566, § 7104, eff. January 9, 2015, 62 DCR 884, and by D.C. Law (Act 20-424), § 7104, 61 DCR 9990.
Applicability of D.C. Law 20-61: Section 7152(b) of D.C. Law 20-61 provided that § 7152(a) (which amended § 42-1102(32)) shall apply as of September 20, 2012.
Application of Law 19-210: Section 7 of D.C. Law 19-210 provided that the act shall apply as of January 1, 2012.
The Budget Director of the Council of the District of Columbia has determined that as of September 20, 2012, the fiscal effect of Law 19-60 has been included in an approved budget and financial plan. Therefore, the provisions of this section, enacted by Law 19-60, are in effect.
“This act shall apply upon the inclusion of its fiscal effect in an approved budget and financial plan.”
“Sec. 3. Applicability.
Section 3 of D.C. Law 19-60 provided:
Applicability of D.C. Law 15-176: Section 7 of D.C. Law 15-176 provided: “Sections 2 through 6 shall apply as of October 1, 2003.”
Application of Law 10-128: See Historical and Statutory Notes following § 42-1101.
Section 5 of D.C. Law 9-120 provided that the Mayor may, pursuant to subchapter I of Chapter 5 of Title 2, issue rules to implement the provisions of the act.
Mayor authorized to issue rules: Section 6 of D.C. Law 9-56 provided that the Mayor shall, pursuant to subchapter I of Chapter 5 of Title 2, issue rules to implement the provisions of the act.
Application of Law 8-20: See Historical and Statutory Notes following § 42-1101.
Section 3 of D.C. Law 19-60 provided: “Sec. 3. Applicability. This act shall apply upon the inclusion of its fiscal effect in an approved budget and financial plan.”
“Sec. 1299. Repealed.”
“(b) Repealed.
“(a) Sections 1296 and 1297 shall apply for taxable years beginning after September 30, 2005.
“Sec. 1298. Conditional applicability.
Applicability and expiration of subtitle KK of title I, §§ 1295 to 1300, of D.C. Law 16-33: Sections 1298 and 1299, as amended by D.C. Law 17-219, § 7068(l), (m) provided:
Section 7014 of D.C. Law 21-160 repealed § 3 of D.C. Law 19-60. Therefore the changes made to this section by D.C. Law 19-60 have been given effect.
Section 7151 of D.C. Law 20-61 provided that Subtitle O of Title VII of the act may be cited as the “Tax Clarification Amendment Act of 2013”.
Short title of subtitle KK of title I of Law 16-33: Section 1295 of D.C. Law 16-33 provided that subtitle KK of title I of the act may be cited as the Disabled Property Owners Tax Reduction Act of 2005.
Short title of subtitle Z of title I of Law 16-33: Section 1211 of D.C. Law 16-33 provided that subtitle Z of title I of the act may be cited as the Family Property Recordation and Transfer Tax Exemption Act of 2005.
Mar. 2, 1962, 76 Stat. 11, Pub. L. 87-408, title III, § 302
June 24, 1980, D.C. Law 3-72, § 206, 27 DCR 2155
Sept. 13, 1980, D.C. Law 3-92, § 101(b), 27 DCR 3390
Mar. 10, 1982, D.C. Law 4-72, § 3(b), 28 DCR 5273
Oct. 8, 1983, D.C. Law 5-31, § 10(b), 30 DCR 3879
Mar. 16, 1989, D.C. Law 7-205, § 5, 36 DCR 457
Sept. 9, 1989, D.C. Law 8-20, § 2(b), 36 DCR 4564
Mar. 7, 1992, D.C. Law 9-56, § 3, 38 DCR 7281
June 11, 1992, D.C. Law 9-120, § 4(a), 39 DCR 3195
June 14, 1994, D.C. Law 10-128, § 101(b), 41 DCR 2096
Sept. 8, 1995, D.C. Law 11-38, § 4(b), 42 DCR 3269
June 3, 1997, D.C. Law 11-276, § 7(a), 44 DCR 1416
Apr. 3, 2001, D.C. Law 13-241, § 3, 48 DCR 610
June 9, 2001, D.C. Law 13-305, § 506(b), 48 DCR 334
Oct. 19, 2002, D.C. Law 14-213, § 26, 49 DCR 8140
Mar. 25, 2003, D.C. Law 14-232, § 3, 49 DCR 9764
Apr. 4, 2003, D.C. Law 14-282, § 9(a), 50 DCR 896
Mar. 13, 2004, D.C. Law 15-105, § 73, 51 DCR 881
Sept. 8, 2004, D.C. Law 15-176, § 2, 51 DCR 5707
Apr. 5, 2005, D.C. Law 15-293, § 12, 52 DCR 1465
Oct. 20, 2005, D.C. Law 16-33, §§ 1212, 1296, 52 DCR 7503
Apr. 7, 2006, D.C. Law 16-91, § 114, 52 DCR 10637
Mar. 2, 2007, D.C. Law 16-191, § 62, 53 DCR 6794
Apr. 24, 2007, D.C. Law 16-305, § 59, 53 DCR 6198
Mar. 20, 2008, D.C. Law 17-118, § 201, 55 DCR 1461
Sept. 12, 2008, D.C. Law 17-231,§ 34, 55 DCR 6758
Dec. 13, 2011, D.C. Law 19-60, § 2, 58 DCR 9169
Sept. 20, 2012, D.C. Law 19-168, §§ 7102(a), 7133, 59 DCR 8025
Mar. 5, 2013, D.C. Law 19-210, § 5, 59 DCR 13171
Dec. 24, 2013, D.C. Law 20-61, § 7152(a), 60 DCR 12472
Dec. 4, 2014, D.C. Law 20-141, § 204, 61 DCR 7763
Feb. 26, 2015, D.C. Law 20-155, §§ 7032, 7103(d), 7104, 61 DCR 9990
July 11, 2017, D.C. Law 22-5, § 3(a)
Oct. 30, 2018, D.C. Law 22-168, § 7092(a)
Dec. 3, 2020, D.C. Law 23-149, § 7172
Sept. 18, 2024, D.C. Law 25-217, § 7243(c)
Mar. 28, 2025, D.C. Law 25-319, § 5(d)
Nov. 21, 2025, D.C. Law 26-54, § 17(a)
Dec. 31, 2025, D.C. Law 26-80, § 302
Section 5 of Law 14-232 provided that this act shall take effect subject to the inclusion of its fiscal effect in an approved budget and financial plan.
For temporary (90 days) amendment of this section, as amended by D.C. Law 20-155, § 7103(d), see § 2(n) of the Fiscal Year 2015 Budget Support Clarification Congressional Review Emergency Amendment Act of 2014 (D.C. Act 20-587, January 13, 2015, 62 DCR 1294, 21 STAT 758).
For temporary (90 days) amendment of this section, see §§ 7032 and 7103(d) of the Fiscal Year 2015 Budget Support Second Congressional Review Emergency Act of 2014 (D.C. Act 20-566, January 9, 2015, 62 DCR 884, 21 STAT 541).
For temporary (90 days) amendment of this section, as amended by D.C. Law 20-155, § 7103(d), see § 2(n) of the Fiscal Year 2015 Budget Support Clarification Emergency Act of 2014 (D.C. Act 20-461, November 6, 2014, 61 DCR 11784, 20 STAT 4368).
For temporary (90 days) amendment of this section, see §§ 7032 and 7103(d) of the Fiscal Year 2015 Budget Support Congressional Review Emergency Act of 2014 (D.C. Act 20-449, October 10, 2014, 61 DCR 10915, 20 STAT 4188).
For temporary (90 days) amendment of this section, see §§ 7042 and 7113(d) of the Fiscal Year 2015 Budget Support Emergency Act of 2014 (D.C. Act 20-377, July 14, 2014, 61 DCR 7598, 20 STAT 3696).
For temporary (90 days) amendment of this section, see § 203 of the Residential Real Property Equity and Transparency Congressional Review Emergency Amendment Act of 2014 (D.C. Act 20-409, Aug. 1, 2014, 61 DCR 8281).
For temporary (90 days) amendment of this section, see § 203 of the Residential Real Property Equity and Transparency Emergency Amendment Act of 2014, (D.C. Act 20-342, May 28, 2014, 61 DCR 5691).
For temporary (90 days) amendment of this section, see § 7152 of the Fiscal Year 2014 Budget Support Congressional Review Emergency Act of 2013 (D.C. Act 20-204, October 17, 2013, 60 DCR 15341, 20 DCSTAT 2311).
For temporary (90 days) amendment of this section, see § 7152 of the Fiscal Year 2014 Budget Support Emergency Act of 2013 (D.C. Act 20-130, July 30, 2013, 60 DCR 11384, 20 DCSTAT 1827).
For temporary (90 days) addition of provisions concerning new issue bond program recordation tax refund, see § 2 of the New Issue Bond Program Recordation Tax Refund Emergency Act of 2013 (D.C. Act 20-141, July 31, 2013, 60 DCR 11794, 20 DCSTAT 1986).
For temporary (90 day) amendment of (32), see § 103 of the Fiscal Year 2013 Budget Support Technical Clarification Congressional Review Emergency Amendment Act of 2012 (D.C. Act 19-604, January 14, 2013, 60 DCR 1045), applicable as of January 10, 2013.
For temporary (90 day) amendment of (32), see § 103 of the Fiscal Year 2013 Budget Support Technical Clarification Emergency Amendment Act of 2012 (D.C. Act 19-482, October 12, 2012, 59 DCR 12478).
For temporary (90 day) amendment of section, see § 7102(a) of Fiscal Year 2013 Budget Support Congressional Review Emergency Act of 2012 (D.C. Act 19-413, July 25, 2012, 59 DCR 9290).
For temporary (90 day) amendment of section, see § 7102(a) of Fiscal Year 2013 Budget Support Emergency Act of 2012 (D.C. Act 19-383, June 19, 2012, 59 DCR 7764).
For temporary (90 day) amendment of section, see § 2(a) of Cooperative Housing Association Economic Interest Recordation Tax Emergency Amendment Act of 2011 (D.C. Act 19-194, October 18, 2011, 58 DCR 9160).
For temporary (90 day) amendment of section, see § 2(a) of Cooperative Housing Association Economic Interest Recordation Tax Congressional Review Emergency Amendment Act of 2011 (D.C. Act 19-12, February 11, 2011, 58 DCR 1433).
For temporary (90 day) amendment of section, see § 2(a) of Cooperative Housing Association Economic Interest Recordation Tax Emergency Amendment Act of 2010 (D.C. Act 18-570, October 20, 2010, 57 DCR 10084).
For temporary (90 day) amendment of section, see §§ 2(a), 3(a) of Cooperative Housing Association Economic Interest Recordation Tax Emergency Amendment Act of 2009 (D.C. Act 18-234, November 20, 2009, 56 DCR 9046).
For temporary (90 day) amendment of section, see § 201 of Arthur Capper/Carrollsburg Public Improvement Revenue Bonds Technical Correction Emergency Act of 2008 (D.C. Act 17-318, March 19, 2008, 55 DCR 3418).
For temporary (90 day) amendment of section, see § 2 of East of the River Hospital Revitalization Tax Exemption Emergency Amendment Act of 2007 (D.C. Act 17-174, November 2, 2007, 54 DCR 11216).
For temporary (90 day) amendment of section, see § 6 of Finance and Revenue Technical Amendments Second Emergency Amendment Act of 2006 (D.C. Act 16-585, December 28, 2006, 54 DCR 340).
For temporary (90 day) amendment of section, see §§ 1212, 1296, 1298, 1299 of Fiscal Year 2006 Budget Support Emergency Act of 2005 (D.C. Act 16-168, July 26, 2005, 52 DCR 7667).
For temporary (90 day) amendment of section, see § 3 of Mandarin Oriental Hotel Project Tax Deferral Congressional Review Emergency Act of 2003 (D.C. Act 15-36, March 24, 2003, 50 DCR 2764).
For temporary (90 day) amendment of section, see § 10(a) of Tax Clarity and Related Amendments Congressional Review Emergency Act of 2002 (D.C. Act 14-510, October 23, 2002, 49 DCR 10247).
For temporary (90 day) amendment of section, see § 10(a) of Tax Clarity and Related Amendments Emergency Act of 2002 (D.C. Act 14-456, July 23, 2002, 49 DCR 8107).
For temporary (90 day) amendment of section, see § 10(a) of Tax Clarity and Recorder of Deeds Emergency Act of 2002 (D.C. Act 14-381, June 6, 2002, 49 DCR 5674).
For temporary (90 day) amendment of section, see §§ 3 and 5 of Mandarin Oriental Hotel Project Tax Deferral Congressional Review Emergency Act of 2002 (D.C. Act 14-345, April 24, 2002, 49 DCR 4300).
For temporary (90 day) amendment of section, see § 3 of Mandarin Oriental Hotel Project Tax Deferral Second Congressional Review Emergency Act of 2002 (D.C. Act 14-563, December 23, 2002, 50 DCR 278).
For temporary (90 day) amendment of section, see § 3 of Mandarin Oriental Hotel Project Tax Deferral Emergency Act of 2001 (D.C. Act 14-227, January 8, 2002, 49 DCR 682).
For temporary (90 day) amendment of section, see § 6(b) of Real Property Tax Clarity and Litter Control Administration Emergency Act of 2001 (D.C. Act 14-22, March 16, 2001, 48 DCR 2706).
For temporary (90 day) amendment of section, see § 3 of the Gallery Place Economic Development Emergency Amendment Act of 2000 (D.C. Act 13-500, January 5, 2001, 48 DCR 562).
For temporary amendment of section, see § 7(a) of the Correctional Treatment Facility Emergency Act of 1996 (D.C. Act 11-457, December 13, 1996, 44 DCR 156), and § 7(a) of the Correctional Treatment Facility Congressional Review Emergency Act of 1997 (D.C. Act 12-32, March 11, 1997, 44 DCR 1908).
For temporary (90 days) amendment of this section, see § 3(a) of Electric Company Infrastructure Improvement Financing Emergency Amendment Act of 2017 (D.C. Act 22-56, May 17, 2017, 64 DCR 4909).
For temporary (90 days) amendment of this section, see § 105(b) of Fiscal Year 2018 Budget Support Clarification Congressional Review Emergency Amendment Act of 2017 (D.C. Act 22-213, Dec. 20, 2017, 64 DCR 13422).
For temporary (90 days) amendment of this section, see § 7092(a) of Fiscal Year 2019 Budget Support Emergency Act of 2018 (D.C. Act 22-434, July 30, 2018, 65 DCR 8200).
For temporary (90 days) amendment of this section, see § 7092(a) of Fiscal Year 2019 Budget Support Congressional Review Emergency Act of 2018 (D.C. Act 22-458, Oct. 3, 2018, 65 DCR 11212).
For temporary (90 days) amendment of this section, see § 7243(c) of Fiscal Year 2025 Budget Support Emergency Act of 2024 (D.C. Act 25-506, July 15, 2024, 71 DCR 8406).
For temporary (90 days) amendment of this section, see § 5(d) of Downtown Arena Revitalization Emergency Act of 2024 (D.C. Act 25-653, Dec. 17, 2024, 71 DCR 15803).
For temporary (90 days) amendment of this section, see § 5(d) of Downtown Arena Revitalization Congressional Review Emergency Act of 2025 (D.C. Act 26-31, Mar. 20, 2025, 72 DCR 3328).
For temporary (90 days) amendment of this section, see § 17(a) of Robert F. Kennedy Campus Redevelopment Emergency Amendment Act of 2025 (D.C. Act 26-150, Sept. 25, 2025, 72 DCR 10584).
For temporary (225 days) amendment of this section, see § 2(t)(1) of the Fiscal Year 2015 Budget Support Clarification Temporary Amendment Act of 2014 (D.C. Law 20-179, March 7, 2015, 62 DCR 424).
Section 402(b) of D.C. Law 19-226 provided that the act shall expire after 225 days of its having taken effect.
“(32) A deed to property if the Mayor has certified that the property and purchaser are eligible for exemption from property taxation pursuant to D.C. Official Code § 47-1005.02.”
Section 103 of D.C. Law 19-226 amended (32) to read as follows:
“(30) Beginning October 1, 2009, a deed of economic interest pertaining to a limited-equity cooperative, as defined under D.C. Official Code § 47-802(11).”.
“(29) Beginning October 1, 2009, a security interest instrument pertaining to a cooperative housing association; and
Section 2(a) of D.C. Law 19-74 repealed par. (16) as of October 1, 2009; in par. (27), deleted “and” from the end; in par. (28)(B)(ii)(II), substituted a semicolon for a period; and added pars. (29) and (30) to read as follows:
Section 4(b) of D.C. Law 18-295 provided that the act shall expire after 225 days of its having taken effect.
Section 2(a) of D.C. Law 18-295 repealed par. (16) as of October 1, 2009; in par. (27), deleted “and”; in par. (28)(B)(ii)(II), substituted a semicolon for a period; and added pars. (29) and (30), which had read as follows:
For temporary (225 day) amendment of section, see §§ 2(a), 3(a) of Cooperative Housing Association Economic Interest Recordation Tax Temporary Amendment Act of 2009 (D.C. Law 18-109, March 3, 2010, law notification 57 DCR 2828).
For temporary (225 day) amendment of section, see § 2 of East of the River Hospital Revitalization Tax Exemption Temporary Amendment Act of 2007 (D.C. Law 17-76, January 23, 2008, law notification 55 DCR 1456).
For temporary (225 day) amendment of section, see § 10(a) of the Tax Clarity and Related Amendments Temporary Act of 2002 (D.C. Law 14-228, Mar. 25, 2003, law notification 50 DCR 2741).
For temporary (225 day) amendment of section, see § 10(a) of the Tax Clarity and Recorder of Deeds Temporary Act of 2002 (D.C. Law 14-191, Oct. 5, 2002, law notification 49 DCR 9549).
For temporary (225 day) amendment of section, see § 3 of the Mandarin Oriental Hotel Project Tax Deferral Temporary Act of 2002 (D.C. Law 14-143, May 21, 2002, law notification 49 DCR 5060).
For temporary (225 day) amendment of section, see § 6(b) of the Real Property Tax Clarity and Litter Control Administration Temporary Amendment Act of 2001 (D.C. Law 14-8, June 13, 2001, law notification 48 DCR 5916).
The 2015 amendment by D.C. Law 20-155 added (33) and (34), and made related changes.
The 2014 amendment by D.C. Law 20-141, repealed before its effective date, would have added (33).
The 2013 amendment by D.C. Law 20-61 rewrote (32).
The 2013 amendment by D.C. Law 19-210 substituted “§ 29-204.06” for “§ 29-1013” in (22)(A).
The 2012 amendment by D.C. Law 19-168 repealed (16), which read: “A deed that conveys an economic interest in improved residential real property that is owned by a cooperative housing association”; added (30), (31) and (32); and made related changes.
D.C. Law 19-60 added par. (29).
D.C. Law 17-231, in par. (7), substituted “spouses” for “husband and wife”.
D.C. Law 17-118, in par. (3), inserted “or § 47-1002(30)”.
D.C. Law 16-305, in par. (28), substituted “has a disability” for “is disabled”, “trust beneficiary with a disability” for “disabled trust beneficiary” and “beneficiary with a disability” for “disabled beneficiary”.
D.C. Law 16-191, in par. (3), validated a previously made technical correction.
D.C. Law 16-91, in pars. (26), (27), and (28), validated previously made technical corrections.
D.C. Law 16-33, in par. (7), substituted “parent and child, grandparent and grandchild, or domestic partners,” for “or parent and child, or domestic partners”; in par. (26), substituted a semicolon for “; and”; in par. (27), substituted “; and” for a period; and added par. (28).
D.C. Law 15-293, in par. (3), substituted “for recordation; provided further, that this exemption shall not apply to property which is exempt under § 47-1002(29);” for “for recordation;”.
D.C. Law 15-176, in par. (7), substituted “parent and child, or domestic partners as defined in § 32-701(3)” for “or parent and child,”.
D.C. Law 15-105, in pars. (20), (21), (22), (23), (24), (25), and (26), validated previously made technical corrections.
D.C. Law 14-282 repealed par. (1); in par. (2), substituted “America, unless its taxation has been authorized by Congress;” for “America;”; rewrote par. (3); in par. (21), substituted “, as that class of property is established pursuant to § 47-813(c-4)” for “or Class 2 Property, as those classes of property are established pursuant to § 47-813,”; and added pars. (26) and (27).
D.C. Law 14-232 added par. (25).
D.C. Law 14-213, in par. (10), validated a previously made technical correction; and in par. (24)(B), substituted “47-2005(32)” for “47-2005(28)”.
“(10) Deeds of personal representatives of decedents, acting under the provisions of Title 20, transferring to a distributee without additional consideration real property of a decedent;”
D.C. Law 13-305 rewrote par. (10) which had read:
D.C. Law 13-241 added par. (24).
1973 Ed., § 45-722.
1981 Ed., § 45-922.
This section is referenced in § 2-1217.32, § 42-1103, § 42-1108.01, § 42-3404.02, § 47-902, § 47-1002, § 47-2005, § 47-3503, § 47-3505, § 47-3506.01, § 47-4603, § 47-4605, and § 47-4634.
Resident management corporations, deed tax exemptions, see § 47-3506.01.
Mandarin Oriental Hotel Project fee deferral, see § 2-1217.32.
Gallery Place Project tax and fee abatements, see § 2-1217.31.
Exemptions for qualifying lower income homeownership households and cooperative housing associations, see § 47-3503.
Applicability of D.C. Law 26-80: § 701(a) of D.C. Law 26-80 provided that the amendment to this section by § 302 of D.C. Law 26-80 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.