[Adopted 5-21-1966 by Ord. No. 72-66
as Art. 339 of the 1966 Code]
Unless otherwise herein expressly stated, the
following terms shall, for the purpose of this article, have the meanings
set forth in this section:
The amount paid for the interest or title transferred or
conveyed, which includes the fair market value of the property or
anything of value paid for the interest or title transferred; it also
includes purchase money obligations assumed and the actual amount
of all liens, mortgages or other encumbrances subject to which the
sale or transfer is made.
Any natural person, corporation, partnership, association
or unincorporated enterprise; as applied to any association or partnership,
"person" includes the partners or members thereof, and as applied
to corporations, the officers thereof. The singular includes the plural,
and the masculine includes the feminine and neuter.
Any exercise of dominion or ownership done on the land by
the grantor or purchasers.
Any transaction whereby all or part of the interest of any
person in land, tenement, hereditaments or any real property situate
within the boundary lines of the City passes to or is conveyed to
another person by deed or other instrument, except that a transfer
within the meaning of this article does not include:
A lease, agreement of sale, mortgage or testamentary
writing.
A straw transaction whereby title passes to
a third person temporarily and for no valuable consideration.
Where the interest passes to a corporation,
association or organization limited to religious, charitable or educational
purposes only.
Where the interest passing is taxed by Pennsylvania
under the Transfer Inheritance Tax Law.
Where transfers are between husband and wife,
parent and child or spouse of such a child.
[Amended 12-12-1994 by Ord. No. 526]
Under provisions of 53 P.S. § 6901
et seq., there is hereby levied, assessed and imposed a tax to provide
revenue for general purposes on the transfer of titles of real estate
and the taking possession thereof situate in the City at the rate
of 1% of the amount of consideration or sale price or market value
involved in the transaction. The grantee or purchaser of the interest
in such land shall be liable to the City for the payment of such tax.
The tax shall become payable upon each transfer
of title without regard to the place where the making, execution,
delivery or acceptance of the instrument of transfer shall have been
done.
If any land, tenements, hereditaments or interest
which are transferred are situated partly within and partly outside
the boundaries of the City, the tax shall be computed only on the
consideration paid or value attributed to that portion that lies within
the boundaries of the City.
The payment of the tax imposed by this article
shall be evidenced on the deed or instrument of conveyance by stamp
or stamps to be affixed to every deed or instrument of conveyance
and canceled with ink. The tax shall be due and payable by the grantee
or grantees or purchasers in the instrument at the time of the transfer.
The City Treasurer or his agents are hereby charged with the collection
of this tax and the enforcement of its provisions. The Director of
Accounts and Finance is authorized and directed to have the necessary
transfer stamps manufactured and placed in the hands of the City Treasurer
or his agents from whom such stamps may be purchased by persons required
to pay the tax. The Treasurer and the Director of Accounts and Finance
are authorized to make the necessary rules and regulations for the
collection of the tax.
All taxes imposed by this article which are
not paid when due shall bear interest thereon at the rate of one-half
of one percent (1/2 of 1%) per month until paid. This tax, when due
and unpaid, shall become a lien on the lands, tenements, hereditaments
or any interest therein which are described in a deed, transfer or
conveyance upon which this tax is due and shall be collected as other
taxes are collected.
[Amended 12-12-1994 by Ord. No. 526]
Any person violating any of the provisions of
this article shall be fined not more than $600 and, in default of
payment of fine and costs, be imprisoned not more than 90 days.
