48-6-65. Extension, transfer, assignment, modification, or renewal of instrument; exemption for amount of note refinanced.

No tax other than as provided for in this article shall be required to be paid on any instrument which is an extension, transfer, assignment, modification, or renewal of, or which only adds additional security for, any original indebtedness or part of original indebtedness secured by an instrument subject to the tax imposed by Code Section 48-6-61 when:#

1. (1)

   It affirmatively appears that the tax as provided by this article has been paid on the original security instrument recorded; provided, however, that the tax required by Code Section 48-6-61 shall be due on any portion of the instrument which is an additional advance of indebtedness secured by a previously recorded instrument, without regard to whether the original security instrument has been assigned; or#

2. (2)

   The original instrument or the holder of the original instrument was exempt from the tax provided for in Code Section 48-6-61 by virtue of any other law.#

No tax shall be collected on that part of the face amount of a new instrument securing a long-term note secured by real estate which represents a refinancing by the original lender of unpaid principal on a previous instrument securing a long-term note secured by real estate if:#

1. (1)

   All intangible recording tax due on the previous instrument has been paid or the previous instrument was exempt from intangible recording tax; and#

2. (2)

   1. (A)

      The new instrument contains a statement of what part of its face amount represents a refinancing of unpaid principal on the previous instrument; or#

   2. (B)

      The holder of the new instrument submits an affidavit as to what part of the face amount of the new instrument represents a refinancing of unpaid principal on the previous instrument.#