This article shall be known as the "Borough
of Denver Realty Transfer Tax Ordinance."
This realty transfer tax is levied under authority
of Article XI-D, entitled "Local Real Estate Transfer Tax," of the
Pennsylvania Real Estate Transfer Tax Act, which is a new article
added by Act 77-1986 (Act of July 2, 1986, No. 77) to the Pennsylvania
Real Estate Transfer Tax Act, Act 14-1981 (Act of May 5, 1981, No.
14, P.L. 36) as amended. The Pennsylvania Real Estate Transfer Tax
Act is codified at 72 P.S. § 8101-C et seq., and Article
XI-D is codified at 72 P.S. § 8101-D et seq. This realty
transfer tax is also levied under authority of the Local Tax Enabling
Act, Act of December 31, 1965, P.L. 1257, as amended.
The payment of the tax imposed hereunder shall
be evidenced by the collector affixing on the document an official
stamp or writing setting forth the date of payment of the tax and
amount of tax paid.
The United States, the Commonwealth of Pennsylvania,
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 real estate transaction from liability for the
tax.
Except as otherwise provided in §
177-7, 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.
Every document lodged with or presented to the
collector for recording shall set forth therein and as 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. The provisions
of this section shall not apply to any excludable real estate transfers
which are exempt from taxation based on family relationship, provided
the relationship is specified in the deed, instrument or writing.
Documents which are not to be recorded shall be presented to the collector
and shall be accompanied by a certified copy of the document and 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. Evidence of payment shall
be affixed to the original document and the certified copy. The certified
copy and statement of value shall be filed with the collector.
The tax imposed by this article, together with
all penalties, shall be a lien against the real estate to which the
document relates and, in the case of an acquired company, the real
estate owned by the acquired company. The lien shall date from the
time when the tax is due and payable and shall continue until discharged
by payment in full of the tax, together with all penalties. In order
to enforce the lien, the Borough may proceed under the Municipal Claims
and Liens Act of 1923, 53 P.S. § 7101 et seq., or in any
other appropriate manner.
The tax imposed under this article 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, and the sheriff, or other officer, conducting said sale shall
pay the tax herein imposed out of the first monies 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.
The Borough may promulgate and enforce reasonable
rules and regulations for the interpretation, collection, and enforcement
of the tax.