The following words when used in this article
shall have the meanings ascribed to them in this section:
ASSOCIATION
A partnership, limited partnership, or any other form of
unincorporated enterprise owned or conducted by two or more persons
other than a private trust or decedent's estate.
CORPORATION
A corporation, joint-stock association, business trust, or
banking institution which is organized under the laws of this commonwealth,
the United States, or any other state, territory, or foreign country
or dependency.
DOCUMENT
Any deed, instrument, or writing which conveys, transfers, devises, vests, confirms or evidences any transfer or devise of title to real estate, but does not include wills, mortgages, deeds of trust or other instruments of like character given as security for a debt and deeds of release thereof to the debtor, land contracts whereby the legal title does not pass to the grantee until the total consideration specified in the contract has been paid or any cancellation thereof unless the consideration is payable over a period of time exceeding 30 years or instruments which solely grant, vest or confirm a public utility easement. "Document" shall also include a declaration of acquisition required to be presented for recording under §
195-32 of this article.
FAMILY FARM CORPORATION
A corporation of which at least 75% of its assets are devoted
to the business of agriculture, and at least 75% of each class of
stock of the corporation is continuously owned by members of the same
family. The business of agriculture shall include the leasing to members
of the same family of property which is directly and principally used
for agricultural purposes. The business of agriculture shall not be
deemed to include:
A.
Recreational activities such as, but not limited
to, hunting, fishing, camping, skiing, show competition or racing;
B.
The raising, breeding or training of game animals
or game birds, fish, cats, dogs or pets or animals intended for use
in sporting or recreational activities;
D.
Stockyard and slaughterhouse operations; or
E.
Manufacturing or processing operations of any
kind.
FAMILY FARM PARTNERSHIP
A partnership of which at least 75% of its assets are devoted
to the business of agriculture and at least 75% of the interests in
the partnership are continuously owned by members of the same family.
The business of agriculture shall include the leasing to members of
the same family of property which is directly and principally used
for agricultural purposes. The business of agriculture shall not be
deemed to include:
A.
Recreational activities, such as but not limited to hunting,
fishing, camping, skiing, show competition or racing.
B.
The raising, breeding or training of game animals or game birds,
fish, cats, dogs or pets or animals intended for use in sporting or
recreational activities.
D.
Stockyard and slaughterhouse operations.
E.
Manufacturing or processing operations of any kind.
LIVING TRUST
Any trust, other than a business trust, intended as a will
substitute by the settlor which becomes effective during the lifetime
of the settlor, but from which trust distributions cannot be made
to any beneficiaries other than the settlor prior to the death of
the settlor.
ORDINARY TRUST
Any trust, other than a business trust or a living trust,
which takes effect during the lifetime of the settlor and for which
the trustees of the trust take title to property primarily for the
purpose of protecting, managing or conserving it until distribution
to the named beneficiaries of the trust. An ordinary trust does not
include a trust that has an objective to carry on business and divide
gains, nor does it either expressly or impliedly have any of the following
features: the treatment of beneficiaries as associates, the treatment
of the interests in the trust as personal property, the free transferability
of beneficial interests in the trust, centralized management by the
trustee or the beneficiaries, or continuity of life.
MEMBERS OF THE SAME FAMILY
Any individual, such individual's brothers and sisters, the
brothers and sisters of such individual's parents and grandparents,
the ancestors and lineal descendants of any of the foregoing, a spouse
of any of the foregoing, and the estate of any of the foregoing. Individuals
related by the half blood or legal adoption shall be treated as if
they were related by the whole blood.
PERSON
Every natural person, association or corporation. Whenever
used in any clause prescribing and imposing a fine or imprisonment,
or both, the term "person" as applied to associations, shall include
the responsible members or general partners thereof, as applied to
corporations, the officers thereof.
REAL ESTATE
A.
Any lands, tenements or hereditaments within
this commonwealth, including without limitation buildings, structures,
fixtures, mines, minerals, oil, gas, quarries, spaces with or without
upper or lower boundaries, trees, and other improvements, immovables
or interests which by custom, usage or law pass with a conveyance
of land, but excluding permanently attached machinery and equipment
in an industrial plant.
C.
A tenant-stockholder's interest in a cooperative
housing corporation, trust or association under a proprietary lease
or occupancy agreement.
REAL ESTATE COMPANY
A corporation or association which is primarily engaged in
the business of holding, selling or leasing real estate 90% or more
of the ownership in which is held by 35 or fewer persons and which:
A.
Derives 60% or more of its annual gross receipts
from the ownership or disposition of real estate; or
B.
Holds real estate, the value of which comprises
90% or more of the value of its entire tangible asset holdings exclusive
of tangible assets which are freely transferable and actively traded
on an established market.
TITLE TO REAL ESTATE
A.
Any interest in real estate which endures for
a period of time, the termination of which is not fixed or ascertained
by a specific number of years, including without limitation an estate
in fee simple, life insurance or perpetual leasehold; or
B.
Any interest in real estate enduring for a fixed
period of years but which, either by reason of the length of the term
of the grant of a right to extend the term by renewal or otherwise,
consists of a group of rights approximating those of an estate in
fee simple, life estate or perpetual leasehold, including without
limitation a leasehold interest or possessory interest under a lease
or occupancy agreement for a term of 30 years or more or a leasehold
interest or possessory interest in real estate in which the lessee
has equity.
TRANSACTION
The making, executing, delivering, accepting, or presenting
for recording of a document.
VALUE
A.
In the case of any bona fide sale of real estate
at arm's length for actual monetary worth, the amount of the actual
consideration therefor, paid or to be paid, including liens or other
encumbrances thereon existing before the transfer and not removed
thereby, whether or not the underlying indebtedness is assumed, and
ground rents, or a commensurate part thereof which such liens or other
encumbrances and ground rents also encumber or are charged against
other real estate; provided, that where such documents shall set forth
a nominal consideration, the "value" therefor shall be determined
from the price set forth in or actual consideration for the contract
of sale.
B.
In the case of gift, sale by execution upon
a judgment or upon the foreclosure of a mortgage by a judicial officer,
transactions without consideration or for consideration less than
the actual monetary worth of the real estate, a taxable lease, an
occupancy agreement, a leasehold or possessory interest, any exchange
of properties, or the real estate of an acquired company, the actual
monetary worth of the real estate determined by adjusting the assessed
value of the real estate for local real estate tax purposes for the
common level ratio of assessed values to market values of the taxing
district as established by the State Tax Equalization Board, or a
commensurate part of the assessment where the assessment includes
other real estate.
C.
In the case of an easement or other interest in real estate the value of which is not determinable under Subsection
A or
B, the actual monetary worth of such interest; or
D.
The actual consideration for or actual monetary
worth of any executory agreement for the construction of buildings,
structures or other permanent improvements to real estate between
the grantor and other persons existing before the transfer and not
removed thereby or between the grantor, the agent or principal of
the grantor or a related corporation, association or partnership and
the grantee existing before or effective with the transfer.
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, or for or in respect of the vellum parchment
or paper upon which such document is written or printed, a local tax
at the rate of 1% of the value of the real estate represented by such
document, which local tax shall be payable at the earlier of the time
the document is presented for recording or within 30 days of becoming
an acquired company. Such tax shall be imposed upon the transfer of
real property or an interest in real property within the limits of
the Township of Maidencreek regardless of where the instruments making
the transfers are made, executed or delivered or where the actual
settlements on the transfer take place.
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 §
195-29, documents which make, confirm or evidence any transfer or devise 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.
Where land lying partly within the boundaries
of the Township and partly without said boundaries are transferred,
the tax herein imposed shall be calculated upon such portion of the
value as shall be represented by the portion of such lands lying within
the boundaries of the Township of Maidencreek, Berks County, Pennsylvania,
such apportionment of value to be evidenced by the affidavit or certificate
of value hereinafter provided for; but shall in no event be less than
the highest assessed valuation for local tax purposes placed upon
the same in the assessment of property within the Township of Maidencreek,
Berks County, Pennsylvania.
Every document or instrument effecting a transfer
of title to real property or interest therein, located in said Township,
shall set forth as part of said document or instrument the full, complete
and actual consideration for the transfer of real property described
therein, or shall be accompanied by a certificate of any attorney
at law or an affidavit executed by a responsible person connected
with the transaction showing such connection and setting forth the
true, full, complete and actual value thereof, and if the privilege
of making such transfer is not taxable hereunder, the facts by reason
of which such nontaxability exists.
The payment of the tax imposed by this article
shall be evidenced by a stamp impressed upon or affixed to every instrument
or document of conveyance, and the Secretary of the Township, or her
or his agent, using such stamp shall indelibly write thereon his name,
the amount of the tax paid, and the date of payment.
The Secretary of the Township or her or his
agent, for the time the tax is due and payable, is hereby charged
with the enforcement of the provisions of this article, and is hereby
authorized and empowered to prescribe, adopt and enforce rules and
regulations relating to the registration and notation of such transactions
and the payment and receipt of such taxes and any other matter pertaining
to the administration and enforcement of the provisions of this article.
The Secretary of the Township shall prescribe,
prepare and furnish the stamp of metal or rubber which shall clearly
show that the tax assessed under this article has been paid.
The Recorder of Deeds of Berks County, or any
of his deputies, shall be the agent of the Secretary of the Township
for the collection of the tax herein imposed by virtue of this article
at the time any document, as hereinbefore defined, is presented for
recording in the Office of the Recorder of Deeds in and for Berks
County, and said Recorder of Deeds shall receive a commission of 1%
upon the amount of tax collected by him, or any of his deputies, by
virtue of this article, which said commission shall be deducted before
remitting once every three months to the Secretary of the Township
his statement of taxes collected under and by virtue of this article.
[Added 7-26-2007 by Ord. No. 210]
The real estate transfer tax imposed by Ordinance
No. 103 shall be administered, collected and enforced under the Act
of December 31, 1965 (P.L. 1257, No. 511), as amended, known as "The
Local Tax Enabling Act"; provided, however, that, if the correct amount
of the tax is not paid by the last date prescribed for timely payment,
the Township, pursuant to Section 1102-D of the Tax Reform Code of
1971 (72 P.S. § 8102-D), authorizes and directs the Department
of Revenue of the Commonwealth of Pennsylvania to determine, collect
and enforce the tax.
All taxes imposed by this article which are
not paid when due shall bear interest at the rate of 1/2 of 1% per
month until paid. The tax when due and unpaid shall become a lien
on the real property or interest in real property which is described
in the document or instrument of conveyance on which this tax is imposed,
and shall be collected as other debts of like character are collected.
The Solicitor of the Township is authorized to file a municipal or
tax claim in the Court of Common Pleas of Berks County for the collection
of any unpaid tax under this article.
Any person who shall fail, neglect or refuse
to comply with any of the terms or provisions of this article or of
any regulation or requirement pursuant hereto and authorized hereby,
shall, in addition to other penalties provided by law, be liable to
a penalty not exceeding $300 for each offense and further shall be
required to pay the amount of the tax, together with interest as hereinbefore
provided, and upon default for 10 days in the payment of same shall
be subject to 30 days imprisonment.