1. (a) If a person or entity is a party to a transaction with the United States government, that person or entity shall be liable for payment of the applicable portion of the tax under RSA 78-B:4; as in the following example:

   Owner owns 500 acres of unimproved real estate in the White Mountains with a fair market value of $500,000. Owner sells all 500 acres to the United States Department of Agriculture for $500,000. No additional consideration is exchanged. Pursuant to RSA 78-B, the transaction shall be deemed a taxable sale, granting, or transfer. Pursuant to RSA 78-B:1-a, IV, the amount of consideration shall be $500,000. The United States Department of Agriculture shall be exempt from payment of the tax pursuant to RSA 78-B:2, II. Owner shall be subject to his or her portion of the tax.

2. (b) The tax imposed by RSA 78-B shall not apply to any agency of the United States government, any instrumentality thereof, or a government corporation which is specifically exempt from state or local taxation under the provisions of federal law including, but not limited to, the:

   1. (1) Department of Veteran's Affairs;
   2. (2) Federal Land Bank;
   3. (3) Farmers Home Administration;
   4. (4) Department of Housing and Urban Development;
   5. (5) Branches of the military; and
   6. (6) Government National Mortgage Association.

3. (c) In instances where the exempt status of a party to the transfer is uncertain, the county register of deeds shall:

   1. (1) Request evidence from the party that:

      1. a. It is an agency or instrumentality of the United States government; or
      2. b. The party is exempted from state and local taxation under the provision of federal law; or
   2. (2) Advise the director of the department of revenue administration’s audit division, of the parties to the transfer and the book and page number of the recording.

Source. #1169, eff 5-23-78; ss by #2154, eff 10-11-82; ss by #2822, eff 8-17-84; ss by #5300, eff 12-26-91; ss and moved by #6691, eff 2-21-98 (formerly Rev 802.13), EXPIRED: 2-21-06 New. #8579, eff 3-8-06; ss by #10665, eff 9-9-14; amd by #10882, eff 7-11-15; ss by #14071, eff 9-10-24