New Orleans City Code § 150-391 Taxable transactions.
Sec. 150-391. - Taxable transactions.
Except as provided in section 150-392, the tax shall be due and collected upon each transaction involving the recordation of an instrument, act, writing or document covered by this article as follows:
(1) For all sales, mortgages, sales and resales through a financial institution or sales and mortgages deemed to be a single transaction pursuant to section 150-392 and involving only one "single family residence or residential double" the sum of $300.00, it being understood that the term single family residence includes a single unit in residential condominiums and single residential townhouses but does not include timeshare condominiums or townhouses; provided, however, that:
a. For refinancing of an existing mortgage involving only one "single-family" residence [or] residential double on which there is an existing second mortgage funded by the city using urban development action grant or HOME funding, the tax shall be $100.00; and
b. For mortgages involving only one "single family" residence or residential double in which the amount of the mortgage, exclusive of amounts borrowed and used for the purpose of payment of the documentary transaction tax, is $9,000.00 or less, the tax shall be as follows:
i. For mortgages of less than $3,000.00 .....$50.00
ii. For mortgages of $3,000.00 to $6,000.00 .....100.00
iii. For mortgages of $6,001.00 to $9,000.00 .....150.00
c. If a sale or mortgage of a single family residence or residential double exceeds 25 pages, a notarized statement stating that the property is a single family residence or residential double shall be required.
(2) For all other transactions, the sum of $325.00 for each instrument, act, writing or document up to a maximum of 25 pages, plus an additional tax of $100.00 for each additional page, provided that the total amount of tax for each instrument, act, writing or document shall not exceed the sum of $2,500.00.
(3) For the purposes of this section, a page shall consist of a single sheet of paper measuring no larger than eight and one-half inches by 14 inches printed or written on one side only. If such single sheet of paper is printed on both sides, such shall constitute two pages. If such sheet of paper is larger by more than two percent, the number of pages shall be doubled.
(4) For the further purposes of this section, certificates and researches issued by a state, parish, municipal or federal office and attached to a recorded instrument, act, writing or document shall not be included as a page for the purpose of determining the amount of the tax.
(5) The taxpayer may delegate the function of remitting and paying the tax to the notary public or the attorney handling the transaction; however, the taxpayer shall remain liable for the tax to the city through the department of finance as hereinafter set forth.
(6) Any group of instruments deemed to be a single transaction pursuant to section 150-392, other than as provided in subsection (1), shall be taxed as a single instrument, act, writing or document.
(7) If in a single transaction there is one party who is a seller or transferor and another party who is a borrower, the tax shall be prorated in accordance with subsection 150-392(d).
(8) For all sales of time-share condominium units, whether characterized as sales of an interest in fee simple or right-of-use, by the developer of the time-share condominium the sum of $30.00 for the sale or transfer of each one-fifty-second share of each time-share condominium unit, which sum shall be due upon the sale or transfer of each fractional share of each time-share condominium unit; provided, however, any group of instruments involving sales of time-share condominium units deemed to be a single transaction pursuant to section 150-392 shall be taxed as a single instrument, act, writing or document. For any subsequent sales or transfers of fractional time-shares or interval of a condominium unit by a seller other than the time-share developer, the sum of $300.00 for each such sale or transfer.
(Code 1956, § 17A-1(2); M.C.S., Ord. No. 17,062, § 1, 6-1-95; M.C.S., Ord. No. 18,736, §§ 2, 3, 6-4-98; Ord. No. 20,487, § 1, 12-20-01; Ord. No. 20,527, § 1, 2-7-02; M.C.S., Ord. No. 22208, § 2, 5-3-06)
