This article shall be known as the "Realty Transfer
Tax Ordinance of the Borough of Bradford Woods."
[Amended 10-13-2003 by Ord. No. 386]
A realty transfer tax for general revenue purposes
is hereby imposed upon the transfer of real estate or interest in
real estate situated within the Borough of Bradford Woods, regardless
of where the documents making the transfer are made, executed or delivered,
or where the actual settlements on such transfer took place as authorized
by Article XI-D ("Local Real Estate Transfer Tax") of the Tax Reform
Code Amendments, Act of July 2, 1986, P.L. 318, No. 77, 72 P.S. § 8101-D
et seq.
[Amended 10-13-2003 by Ord. No. 386]
As used in this article, the words and phrases
defined in 72 P.S. § 8101-C shall have the meanings ascribed
to them in said section.
The United States, the commonwealth, or any
of their instrumentalities, agencies or political subdivisions shall
be exempt from payment of the tax imposed by this article. The exemption
of such governmental bodies shall not, however, relieve any other
party to a transaction from liability for the tax.
Except as otherwise provided in §
204-18, documents which make, confirm or evidence any transfer or demise of title to real estate between associations or corporations and the members, partners, shareholders or stockholders thereof are fully taxable. For the purposes of this article, corporations and associations are entities separate from their members, partners, stockholders or shareholders.
In determining the term of a lease, it shall
be presumed that a right or option to renew or extend a lease will
be exercised if the rental charge to the lessee is fixed or if a method
for calculating the rental charge is established.
The tax herein imposed shall be fully paid,
and have priority out of the proceeds of any judicial sale of real
estate before any other obligation, claim, lien, judgment, estate
or costs of the sale and of the writ upon which the sale is made,
except the state realty transfer tax, and the sheriff or other officer
conducting said sale shall pay the tax herein imposed out of the first
moneys paid to him in connection therewith. If the proceeds of the
sale are insufficient to pay the entire tax herein imposed, the purchaser
shall be liable for the remaining tax.
Every document lodged with or presented to the
Recorder for recording shall set forth therein and as a part of such
document the true, full and complete value thereof, or shall be accompanied
by a statement of value executed by a responsible person connected
with the transaction showing such connection and setting forth the
true, full and complete value thereof or the reason, if any, why such
document is not subject to tax under this article. (A copy of the
Pennsylvania Realty Transfer Tax Statement of the Value may be submitted
for this purpose.) The provisions of this section shall not apply
to any excludable real estate transfers which are exempt from taxation
based on family relationship. Other documents presented for the affixation
of stamps shall be accompanied by a certified copy of the document
and statement of value executed by a responsible person connected
with the transaction showing such connection and setting forth the
true, full and complete value thereof or the reason, if any, why such
document is not subject to tax under this article.
The tax imposed by this article shall become
a lien upon the lands, tenements, or hereditaments, or any interest
therein, lying, being situated, wholly or in part, within the boundaries
of the Borough, which lands, tenements, hereditaments, or interest
therein, are described in or conveyed by or transferred by the document
which is the subject of the tax imposed, assessed and levied by this
article, said lien to begin at the time when the tax under this article
is due and payable, and continue until discharge by payment, or in
accordance with the law, and the Solicitor is authorized to file a
municipal or tax claim in the Court of Common Pleas of Allegheny County,
in accordance with the provisions of the Municipal Claims and Tax
Liens Act, Act of May 16, 1923, P.L. 207, 53 P.S. § 7101
et seq., its supplements and amendments.
All taxes imposed by this article, together
with interest and penalties prescribed herein, shall be recoverable
as other debts of like character are recovered.
The Council of the Borough is charged with enforcement
and collection of tax and is empowered to promulgate and enforce reasonable
regulations for enforcement and collection of the tax. The regulations
which have been promulgated by the Pennsylvania Department of Revenue
under Article XI-C ("Realty Transfer Tax") of the Tax Reform Code
of 1971, Act of March 4, 1971, P.L. 6, No. 2, 72 P.S. § 8101-C
et seq., are incorporated into and made a part of this article.