[Amended 12-21-2021 by Ord. No. 2021-10]
A.
A realty transfer tax for general revenue purposes is hereby imposed upon the transfer of real estate or any interest in real estate situated within the Borough, 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, 72 P.S. § 8101-D et seq.
B.
Subject to the exemptions and limitations of the local real estate transfer tax, every person who makes, executes, delivers, accepts, or presents for recording any document or in whose behalf any document is made, executed, delivered, accepted, or presented for recording shall be subject to pay for and in respect to the transaction or any part thereof a tax at the rate of 1.0% of the value of the real estate represented by such document, which tax shall be payable at the earlier of the time the document is presented for recording or within 30 days of acceptance of such document or within 30 days of becoming an acquired company. If any other political subdivision shall have imposed or hereafter shall impose a tax on the same person or transfer, then the tax levied by said political subdivision shall be in addition to the tax of the Borough hereunder and the tax imposed hereby for the benefit of the Borough shall be 1.0% of the value of the real estate as provided hereinabove, provided that in the event that a court of competent jurisdiction shall determine that the rate of tax prescribed hereunder, either considered in isolation or in combination with the taxes imposed by other political subdivisions, exceeds the maximum permitted by law, then it is the intent of this article that the total of all taxes imposed with respect to the transactions taxable hereunder not exceed the maximum rate permitted by applicable law.
C.
The tax imposed hereby, including any amount payable to the Borough based on a redetermination of the amount of tax due by the Commonwealth of Pennsylvania, shall be collected by the Recorder of Deeds of Chester County ("Recorder") who shall act as agent for the Borough in the collection of the transfer tax as provided in 16 P.S. § 11011-6, as amended. The tax thus collected shall be payable by the Recorder to the Treasurer of Malvern Borough at least monthly or at such other intervals as the Borough and the Recorder shall mutually determine.