Chapter 3.20
REAL PROPERTY TRANSFER TAX*
Sections:
3.20.010 Short title—Adoption authority.
3.20.040 Instruments to secure debts exempt.
3.20.050 Public agencies exempt.
3.20.060 Plans of reorganization and adjustment exempt.
3.20.070 Orders of Securities and Exchange Commission exempt.
* For statutory provisions authorizing cities to impose a documentary stamp tax on the sale of real property within the city limits, see Rev. & Tax. Code § 11901 et seq.
3.20.010 Short title—Adoption authority.
This chapter shall be known as the "real property transfer tax ordinance of the city of Menlo Park." 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 of the state. (Prior code § 26.25).
3.20.020 Imposition.
There is imposed on each deed, instrument or writing by which any lands, tenements, or other realty sold within the city shall be 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 one hundred dollars ($100), a tax at the rate of twenty-seven and one-half cents ($.275) for each five hundred dollars ($500) or fractional part thereof. (Prior code § 26.26).
3.20.030 Payment.
Any tax imposed pursuant to Section 3.20.020 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 the same is made, signed or issued. (Prior code § 26.27).
3.20.040 Instruments to secure debts exempt.
Any tax imposed pursuant to this chapter shall not apply to any instrument in writing given to secure a debt. (Prior code § 26.28).
3.20.050 Public agencies exempt.
The United States or any agency or instrumentality thereof, any state or territory, or political subdivision thereof, or the District of Columbia, or any person or entity which is by federal or state law exempt from such transfer taxes, shall not be liable for any tax imposed pursuant to this chapter with respect to any deed, instrument, or writing to which it is a party, but the tax may be collected by assessment from any other party liable therefor. (Prior code § 26.29).
3.20.060 Plans of reorganization and adjustment exempt.
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 II 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 II of the United States Code, as amended; or
(4) Whereby a mere change in identity, form or place of organization is effected.
Subdivisions (1) to (4), inclusive, 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. (Prior code § 26.30).
3.20.070 Orders of Securities and Exchange Commission exempt.
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:
(1) The order of the Securities and Exchange Commission in obedience to which such conveyance is made recites that such 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;
(2) Such order specifies the property which is ordered to be conveyed;
(3) Such conveyance is made in obedience to such order. (Prior code § 26.31).
3.20.080 Partnerships exempt.
(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 or an interest in a partnership or otherwise, if:
(1) Such partnership is considered a continuing partnership within the meaning of Section 708 of the Internal Revenue Code of 1954; and
(2) Such 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 the purposes of this chapter, such 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 such partnership at the time of such termination.
(c) Not more than one tax shall be imposed pursuant to this chapter by reason of a termination described in subdivision (b), and any transfer pursuant thereto, with respect to the realty held by such partnership at the time of such termination. (Prior code § 26.32).
3.20.090 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. (Prior code § 26.33).
3.20.100 Refunds.
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 of the state. (Prior code § 26.34).