Chapter 3.08
REAL PROPERTY TRANSFER TAX

Sections:

3.08.010    Title.

3.08.020    Imposition of tax.

3.08.030    Payment.

3.08.040    Exemptions.

3.08.050    Administration by County Recorder.

3.08.060    Claims for refund.

3.08.070    Copies on file.

3.08.010 Title.

This chapter shall be known as the “Uniform Real Property Transfer Tax Ordinance of the City of Poway.” 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. (Ord. 3 § 1, 1980)

3.08.020 Imposition of tax.

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, the 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. 3 § 2, 1980)

3.08.030 Payment.

Any tax imposed pursuant to PMC 3.08.020 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. (Ord. 3 § 3, 1980)

3.08.040 Exemptions.

The uniform real property transfer tax shall not apply to those exemptions set forth in California Revenue and Taxation Code Division 2, Part 6.7, Chapter 3, commencing with Section 11921. (Ord. 106 § 1(B), 1983; Ord. 3 § 4, 1980)

3.08.050 Administration by County Recorder.

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. 106 § 1(C), 1983; Ord. 3 § 5, 1980)

3.08.060 Claims for refund.

Claims for refund of taxes imposed pursuant to this chapter shall be governed by the provisions of Chapter 1.18 PMC. (Ord. 548 § 2, 2001; Ord. 106 § 1(C), 1983; Ord. 3 § 6, 1980)

3.08.070 Copies on file.

Upon its adoption, the City Clerk shall file two copies of the ordinance codified in this chapter with the County Recorder. (Ord. 106 § 1(C), 1983; Ord. 3 § 8, 1980)