[HISTORY: Adopted by the Town Council of
the Town of Bethany Beach as indicated in article histories. Amendments
noted where applicable.]
GENERAL REFERENCES
Assessments — See Ch. 9.
[Adopted 2-20-1998 by Ord. No. 322 (Ch.
212, Art. I, of the 1992 Code)]
[Amended 7-29-1998 by Ord. No. 326[1]]
There is hereby imposed upon the transfer of
all real property located within the Town limits, as they now or hereafter
exist, a tax of 1 1/2% of the value of the property conveyed
in conformance with the definitions and exceptions governing the state
realty transfer tax as contained within 30 Del. C. § 5401
et seq., and all amendments theretofore or thereafter adopted.
[1]
Editor's Note: This ordinance also provided that the transfer of real property within the Town pursuant to a valid written contract entered into prior to the date that 71 Delaware Laws Chapter 349 becomes law shall be exempt from the tax increase, but shall remain subject to the tax of 1% imposed prior to the amendment adopted by said Ord. No. 326.
Any tax imposed by this article shall be appropriated
equally between the grantor and the grantee; provided, however, that
the parties to any transaction which is subject to the realty transfer
tax imposed by this article may, as between themselves, agree to allocate
the tax otherwise; but in all events, it shall be the ultimate responsibility
of the grantee to see that the appropriate amount of tax is paid no
later than the presentation of the document involved in such a transaction
for recording at the appropriate recorder of deeds office. Upon receipt
of the appropriate amount, the Town office or its duly authorized
agent shall, upon the document relating to such transaction, confirm
that the tax imposed by this article has been paid. The Town may appoint
the county recorder of deeds or any attorney-at-law as its duly authorized
agent to collect a realty transfer tax imposed by this article and
to confirm such payment on the face of the document presented for
recording.
Where any real property within the Town is transferred
without payment of the appropriate real estate transfer tax in violation
of this article:
A.
The amount due shall bear interest at the rate of
1/2% per month commencing with the date that such document is duly
recorded in the recorder of deeds office of the appropriate county
and the transferee in such transaction shall be personally liable
for the full amount of such tax, plus all accrued interest to date
of payment.
B.
The amount of such tax, together with the accrued
interest thereon, shall constitute a charge of assessment against
the property so transferred and shall be a lien against the property
so transferred in accordance with the procedures set forth in the
Charter of the Town and/or in accordance with the procedures set forth
in the general statutes of the state regarding municipal liens.
C.
Where any document involved in a transaction subject to the tax imposed by this article is recorded without payment thereof, the grantee shall, upon conviction before any court of competent jurisdiction, shall pay such fine as set out in Chapter 1, General Provisions, Article I, Penalties.
[Amended 2-17-2006 by Ord. No. 407]
This article shall be applied, construed and
interpreted according to the provisions of the state realty transfer
tax as set forth in 30 Del. C. § 5401 et seq. as it may
have heretofore been or is hereafter amended, it being the intent
of this article that it apply whenever the state's realty transfer
tax applies; provided, however, that:
A.
In applying the provisions of the state's realty transfer
tax statute through this article, the "Town of Bethany Beach" shall
be substituted (where appropriate) for the "State of Delaware," "Department
of Finance," "Division of Revenue" or the like.
B.
The provisions of 30 Del. C. § 5405 ("Documentary
Stamps; Affixing; Cancellation; Other Methods"), § 5406
("Furnishing Stamps; Sales; Agents; Compensation; Bond Premiums"),
§ 5407 ("Enforcement: Rules and Regulations"), § 5408
("Failure to Affix Stamps"), § 5412 ("Grantor to Pay Tax"),
§ 5414 ("Tax Lien"), and § 5415 ("Distribution
of Tax Receipts") or any future corresponding provisions of law shall
not be held applicable to the operation and application of this article.
C.
The unlawful acts set out at 30 Del. C. § 5410 now and as it may hereafter be amended shall, to the extent applicable to the Town ordinances and not otherwise superseded hereby, likewise be unlawful acts under this article, conviction for which shall result in such fine as set out in Chapter 1, General Provisions, Article I, Penalties.
[Amended 2-17-2006 by Ord. No. 407]
D.
Where any provision of 30 Del. C. § 5401
et seq. is inconsistent with this article, the provisions of this
article shall control; and wherever any provision of 30 Del. C. § 5401
et. seq. is not applicable or appropriate, it shall be disregarded
or construed so as to best achieve the purpose of this article, which
is that whenever a realty transfer tax becomes due to the state under
30 Del. C. § 5401 et. seq., a realty transfer tax of 1 1/2%
shall likewise become due to the Town.
[Amended 7-29-1998 by Ord. No. 326[1]]
[1]
Editor's Note: This ordinance also provided that the transfer of real property within the Town pursuant to a valid written contract entered into prior to the date that 71 Delaware Laws Chapter 349 becomes law shall be exempt from the tax increase, but shall remain subject to the tax of 1% imposed prior to the amendment adopted by said Ord. No. 326.
Notwithstanding the effective date of the ordinance
from which this article is derived, the transfer of any real property
within the Town pursuant to a valid written contract entered into
prior to the effective date of the ordinance from which this article
is derived (April 1, 1998) shall be exempt from the provisions of
this article.
