[Adopted 12-18-1968 by Ord. No. O-10-1968]
[Amended 4-16-1987 by Ord. No. O-8-1987]
A realty transfer tax for general revenue purpose is hereby imposed upon the transfer of real estate or interest in real estate situate within the City of Farrell, Mercer County, Pennsylvania, 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 IX-D, "Local Real Estate Transfer Tax," 72 P.S. § 8101-D et seq., and administered, collected and enforced under the "Local Tax Enabling Act," 53 P.S. § 6901 et seq.
The rate of tax shall be 1% of the selling price of the real estate or interest therein transferred, and said tax shall be paid by the grantor prior to the delivery of the deed transferring title and shall be evidenced by there being affixed to such deed or instrument of transfer, a stamp bearing an impression of the amount of tax or a notation by the collector that said tax has been paid. The grantee or transferee shall remain liable for any unpaid tax imposed by virtue of this article.
The Recorder of Deeds of Mercer County, Pennsylvania, is hereby appointed collector of the tax hereby imposed and shall sell, affix and cancel the stamps wherein required, or make the notation of payment herein required, and shall account for and pay the amount collected to the City Treasurer monthly. The compensation of the collector is hereby fixed at 2% of the amount of tax collected. The collector shall post bond in an amount to be set by the City of Farrell from time to time, and the premium for the same shall be paid by the City of Farrell.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Taxes levied under this article shall be and remain a lien upon the real estate transferred until the same are paid. Any person who shall fail, neglect or refuse to comply with any of the terms or provisions of this article or of any regulations or requirements pursuant thereto and authorized thereby, shall, in addition to other penalties provided by law, upon conviction thereof, be sentenced to pay a fine of not more than $600 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days. All taxes imposed by this article together with interest from the date due, may be recovered by the collector in an action brought in the name of the City of Farrell, as other debts of like character are recovered.
Every deed or instrument transferring real property or any interest therein in the City of Farrell shall set forth therein the actual selling price as the consideration, or shall be accompanied by an affidavit by the grantor or his agent, setting forth the selling price thereof. For purposes of determining whether a lien exists, the accompanying affidavit shall be conclusive evidence of the real selling price.
[Amended 4-16-1987 by Ord. No. O-8-1987]
This article shall not apply to any transfer exempt by §§ 1102-C.2 and 1101-C.3 of the Tax Reform Code of 1971, as amended, 72 P.S. § 8102-C.1 and 72 P.S. § 8102-C2. The City of Farrell may further adopt regulations governing the imposition and collection of said tax.
[Added 1-22-1987 by Ord. No. O-2-1987]
Pursuant to authority contained in the Home Rule Charter and Optional Plans Law of April 13, 1972, Act 652, as amended, and under the authority and powers of the Home Rule Charter of the City of Farrell, a realty transfer tax in addition to and over and above that imposed by §§ 336-11 and 336-12 hereof is imposed, levied and assessed for general revenue purposes upon the transfer of real property or any interest in real property situate in the City of Farrell, regardless of where the documents making the transfers are made, executed or delivered or where the actual settlements on such transfers take place.
[Added 1-22-1987 by Ord. No. O-2-1987]
The rate of such additional tax imposed under § 336-17 hereof shall be 1% of the selling price of the real estate or interest therein transferred. Said tax shall be paid by the grantor prior to the delivery of the deed transferring title and shall be evidenced by there being affixed to such deed or instrument of transfer a stamp bearing an impression of the amount of tax or a notation by the collector that said tax has been paid. The grantee or transferee shall remain liable for any unpaid tax imposed by virtue of this section and § 336-17.
[Added 4-16-1987 by Ord. No. O-8-1987]
The provisions of Article XI-D "Local Real Estate Transfer Tax," § 1101-D et seq., 72 P.S. § 8101-D et seq., are hereby incorporated by reference.
[Added 10-22-2007 by Ord. No. O-3-2007]
The tax imposed by this Ordinance and all applicable interest and penalties 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, that if the correct amount of the tax is not paid by the last date prescribed for timely payment, the City of Farrell, 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, interest and penalties.
[Added 10-22-2007 by Ord. No. O-3-2007]
Any tax imposed by this Ordinance that is not paid by the date the tax is due shall bear interest as prescribed for interest on delinquent municipal claims under the Act of May 16, 1923 (P.L. 207, No. 153) (53 P.S. § 7101. et seq.), as amended, known as "The Municipal Claims and Tax Liens Act." The interest rate shall be the lesser of the interest rate imposed upon delinquent commonwealth taxes as provided in Section 806 of the Act of April 9, 1929 (P.L. 343, No. 176) (72 P.S. § 806), as amended, known as "The Fiscal Code," or the maximum interest rate permitted under the Municipal Claims and Tax Liens Act for tax claims.