Chapter 3.16
REAL PROPERTY TRANSFER TAX
Sections:
3.16.030 Documents subject to tax.
3.16.040 Exemption – Instrument securing a debt.
3.16.050 Exemption – Government entity.
3.16.060 Exemption – Reorganization conveyance.
3.16.070 Exemption – Securities and Exchange Commission order.
3.16.080 Exemption – Partnership interest transfer.
3.16.010 Title.
This chapter shall be known as the “real property transfer tax ordinance of the City.” It is adopted pursuant to the authority contained in Part 6.7 (commencing with Section 11901) of Division 2 of the Revenue and Taxation Code. (Ord. 121 § 1, 1967)
3.16.020 Imposed.
There is imposed on each deed, instrument or writing by which any lands, tenements or other realty sold within the City is granted, assigned, transferred or otherwise conveyed to, or vested in, the purchaser or purchasers, or any other person or persons, by his or their direction, when the consideration or value of the interest or property conveyed (exclusive of the value of any lien or encumbrances remaining thereon at the time of sale) exceeds $100.00, a tax at the rate of $0.275 for each $500.00 or fractional part thereof. (Ord. 121 § 2, 1967)
3.16.030 Documents subject to tax.
Any tax imposed pursuant to PMC 3.16.020 shall be paid by any person who makes, signs or issues any document or instrument subject to the tax, or for whose use or benefit it is made, signed or issued. (Ord. 121 § 3, 1967)
3.16.040 Exemption – Instrument securing a debt.
Any tax imposed pursuant to this chapter shall not apply to any instrument in writing given to secure a debt. (Ord. 121 § 4, 1967)
3.16.050 Exemption – Government entity.
Any deed, instrument or writing to which the United States or any agency or instrumentality thereof, any state or territory, or political subdivision thereof, is a party, shall be exempt from any tax imposed pursuant to this chapter when the exempt agency is acquiring title. (Ord. 470 § 13, 1982)
3.16.060 Exemption – Reorganization conveyance.
(A) Any tax imposed pursuant to this chapter shall not apply to the making, delivering or filing of conveyances to make effective any plan of reorganization or adjustment:
(1) Confirmed under the Federal Bankruptcy Act, as amended;
(2) Approved in an equity receivership proceeding in a court involving a railroad corporation, as defined in subdivision (m) of Section 205 of Title 11 of the United States Code, as amended;
(3) Approved in an equity receivership proceeding in a court involving a corporation, as defined in subdivision (3) of Section 506 of Title 11 of the United States Code, as amended; or
(4) Whereby a mere change in identity, form or place of organization is effected.
(B) Subsections (A)(1) through (4) of this section shall only apply if the making, delivery or filing of instruments of transfer or conveyances occurs within five years from the date of such confirmation, approval or change. (Ord. 121 § 6, 1967)
3.16.070 Exemption – Securities and Exchange Commission order.
Any tax imposed pursuant to this chapter shall not apply to the making or delivery of conveyances to make effective any order of the Securities and Exchange Commission, as defined in subdivision (a) of Section 1083 of the Internal Revenue Code of 1954; but only if:
(A) The order of the Securities and Exchange Commission in obedience to which the conveyance is made recites that the conveyance is necessary or appropriate to effectuate the provisions of Section 79k of Title 15 of the United States Code, relating to the Public Utility Holding Company Act of 1935;
(B) The order specified the property which is ordered to be conveyed;
(C) The conveyance is made in obedience to the order. (Ord. 121 § 7, 1967)
3.16.080 Exemption – Partnership interest transfer.
(A) In the case of any realty held by a partnership, no levy shall be imposed pursuant to this chapter by reason of any transfer of an interest in a partnership or otherwise, if:
(1) The partnership (or another partnership) is considered a continuing partnership within the meaning of Section 708 of the Internal Revenue Code of 1954; and
(2) The continuing partnership continues to hold the realty concerned.
(B) If there is a termination of any partnership within the meaning of Section 708 of the Internal Revenue Code of 1954, for purposes of this chapter, the partnership shall be treated as having executed an instrument whereby there was conveyed, for fair market value (exclusive of the value of any lien or encumbrance remaining thereon), all realty held by the partnership at the time of the termination.
(C) Not more than one tax shall be imposed pursuant to this chapter by reason of a termination described in subsection (B) of this section, and any transfer pursuant thereto, with respect to the realty held by the partnership at the time of the termination. (Ord. 121 § 8, 1967)
3.16.090 Refund claims.
Claims for refund of taxes imposed pursuant to this chapter shall be governed by the provisions of Chapter 5 (commencing with Section 5096) of Part 9 of Division 1 of the Revenue and Taxation Code. (Ord. 121 § 10, 1967)
3.16.100 Administration.
The County Recorder shall administer this chapter in conformity with the provisions of Part 6.7 of Division 2 of the Revenue and Taxation Code and the provisions of any County ordinance adopted pursuant thereto. (Ord. 121 § 9, 1967)
3.16.110 Operative date.
This chapter shall become operative upon the operative date of any ordinance adopted by the County pursuant to Part 6.7 (commencing with Section 11901) of Division 2 of the Revenue and Taxation Code, or upon the effective date of the ordinance codified in this chapter, whichever is later. (Ord. 121 § 11, 1967)