[Ord. 1010, 11/10/1986]
This Part shall be known as the "Realty Transfer Tax Ordinance
of Bristol Borough."
[Ord. 1010, 11/10/1986]
A realty transfer tax for general revenue purposes is hereby
imposed upon the transfer of real estate or interest in real estate
situated within Bristol Borough regardless of where the documents
making the transfer are made, executed or delivered, or where the
actual settlement on such transfer took place as authorized by Article
XI-D, "Local Real Estate Transfer Tax," 72 P.S. § 8101-D
et seq.
[Ord. 1010, 11/10/1986]
A partnership, limited partnership or any other form of incorporated
enterprise owned or conducted by two or more persons other than a
private trust or decedent's estate.
The Borough of Bristol.
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, foreign country or
dependency.
Any deed, instrument or writing which conveys, transfers, demises, vests, confirms or evidences any transfer or demise of title to real estate, but does not include wills, mortgages, deeds or trust or other instruments of like character given as security for a debt and deeds of release thereof to the debtor, land contractors whereby the legal title does not pass to the grantee until the total consideration specified in the contract has been paid to 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 § 24-307 of this Part.
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 not be deemed to include:
Recreational activities such as, but not limited to, hunting,
fishing, camping, skiing, show competition or racing.
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.
Fur farming.
Stockyard and slaughterhouse operations.
Manufacturing or processing operations of any kind.
Any individual, such individual's brothers and sisters, the
brothers and sisters of such individual's parents and grandparents,
the ancestors and lineal descendent 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.
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 of general partners thereof, and as applied
to corporations, the officers thereof.
All lands, tenements or hereditaments within this school district,
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 or land, but
excluding permanently attached machinery and equipment in an industrial
plant.
A condominium unit.
A tenant-stockholder's interest in a cooperative housing corporation,
trust or association under a proprietary lease or occupancy agreement.
A corporation or association which is primarily engaged in
the business of holding, selling or leasing real estate, 90% or more
of the ownership interest in which is held by 35% or fewer persons
and which:
Derives 60% or more of its annual gross receipts from the ownership
or disposition of real estate.
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.
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 estate or perpetual leasehold.
Any interest in real estate enduring for a fixed period of years
but which, either by reason of the length of the term or 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 at term of 30 years or more or a leasehold interest
or possessory interest in real estate in which the lessee has equity.
The making, executing, delivering, accepting or presenting
for recording of a document.
In the case of any bona fide sale of real estate at arm's length
of 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 where 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" thereof shall be determined from the price set forth in
or actual consideration for the contract of sale.
In the case of a 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 or 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 factor developed by the Pennsylvania Department of Revenue for
Pennsylvania realty transfer tax base calculation.
In the case of an easement or other interest in real estate
the value of which is not determinable under paragraph .A or .B, the
actual monetary worth of such interest.
The actual consideration for an 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 principle of the grantor of a
related corporation, association or partnership and the grantee existing
before or effective with the transfer.
[Ord. 1010, 11/10/1986]
1.
Every person who makes, executes, delivers, accepts of 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% 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.
2.
The payment of the tax imposed herein shall be evidenced by the affixing
of an official stamp or writing by the recorder whereon the date of
the payment of the tax, amount of the tax and the signature of the
collecting agent shall be set forth.
3.
It is the intent of this Part that the entire burden of the tax imposed
herein on a person or transfer shall not exceed the limitations prescribed
in the Local Tax Enabling Act, Act of December 31, 1965, P.L. 1257,
53 P.S. § 6901 et seq., so that if any other political subdivision
shall impose or hereafter shall impose such tax on the same person
or transfer then the tax levied by the Borough of Bristol under the
authority of that Act shall during the time such duplication of the
tax exists, except as hereinafter otherwise provided, be half of the
rate and such half rate shall become effective without any action
on the part of the Borough of Bristol provided, however, that the
Borough of Bristol and any other political subdivision which impose
such tax on the same person or transfer may agree that, instead of
limiting their respective rates to half of the rate herein provided,
they will impose respectively different rates, the total of which
shall not exceed the maximum rate permitted under the Local Tax Enabling
Act.
4.
If for any reason the tax is not paid when due, interest at the rate
in effect at the time the tax is due, shall be added and collected.
[Ord. 1010, 11/10/1986]
The United States, the commonwealth, or any of their instrumentalities,
agencies or political subdivisions shall be exempt from payment or
the tax imposed by this Part. The exemption of such governmental bodies
shall not, however, relieve any other party to a transaction from
liability for the tax.
[Ord. 1010, 11/10/1986]
1.
The tax imposed by § 24-304 shall not be imposed upon:
A.
A transfer to the commonwealth, or to any of its instrumentalities,
agencies or political subdivisions, by gift, dedication or deed in
lieu of condemnation or deed of confirmation in connection with condemnation
proceedings, or a reconveyance by the condemning body of the property
condemned to the owner of record at the time of condemnation which
reconveyance may include property fine adjustments provided said reconveyance
in made within one year from the date of condemnation.
B.
A document which the Borough of Bristol is prohibited from taxing
under the Constitution or statutes of the United States.
C.
A conveyance to a municipality, Township, school district or county
pursuant to acquisition by the municipality, Township, school district
or county of a tax delinquent property at sheriff sale or tax claim
bureau sale.
D.
A transfer for no or nominal actual consideration which corrects
or confirms a transfer previously recorded, but which does not extend
or limit existing record legal title or interest.
E.
A transfer of division in kind for no or nominal actual consideration
of property passed by testate or intestate succession and held by
covenants; however, if any of the parties take shares greater in value
than their undivided interest, tax is due on the excess.
F.
A transfer between husband and wife, between persons who were previously
husband and wife who have since been divorced, provided the property
or interest therein subject to such transfer was acquired by the husband
and wife or husband or wife prior to the granting of the final decree
in divorce, between parent and child or the spouse of such child,
between brother or sister or spouse of a brother or sister and brother
or sister or the spouse of a brother or sister, and between a grandparent
and grandchild or the spouse of such grandchild, except that a subsequent
transfer by the grantee within one year shall be subject to tax as
if the grantor were making such transfer.
G.
A transfer for no or nominal actual consideration of property passing
by testate or intestate succession from a personal representative
of a decedent to the decedent's devisee or heir.
H.
A transfer for no or nominal actual consideration to a trustee of
an ordinary trust where the transfer of the same property would be
exempt if the transfer was made directly from the grantor to all of
the possible beneficiaries, whether or not such beneficiaries are
contingent or specifically named. No such exemption shall be granted
unless the recorder of deeds is presented with a copy of the trust
instrument that clearly identifies the grantor and all possible beneficiaries.
I.
A transfer for no or nominal actual consideration from a trustee
to a beneficiary of an ordinary trust.
J.
A transfer for no or nominal actual consideration from trustee to
successor trustee.
K.
A transfer (1) for no or nominal actual consideration between principal
and agent or straw party; or (2) from or to an agent or straw party
where, if the agent or straw party were his principal, no tax would
be imposed under this Part.
|
(a)
|
Where the document by which title is acquired by a grantee or
statement of value fails to set forth that the property was acquired
by the grantee from, or for the benefit of, his principal, there is
a rebuttable presumption that the property is the property of the
grantee in his individual capacity if the grantee claims an exemption
from taxation under this clause.
|
L.
A transfer made pursuant to the statutory merger or consolidation
of a corporation or statutory division of a nonprofit corporation,
except where the department reasonably determines that the primary
intent for such merger, consolidation or division is avoidance of
the tax imposed by this Part.
M.
A transfer from a corporation or association of real estate held
of record in the name of the corporation or association where the
grantee owns stock of the corporation or an interest in the association
in the same proportion as his interest in or ownership or the real
estate being conveyed and where the stock of the corporation or the
interest in the association has been held by the grantee for more
than two years.
N.
A transfer from a nonprofit industrial development agency or authority
to a grantee of property conveyed by the grantee to that agency or
authority as security for a debt of the grantee or a transfer to a
nonprofit industrial development agency or authority.
O.
A transfer from a nonprofit industrial development agency or authority
to a grantee purchasing directly from it, but only if: (1) the grantee
shall directly use such real estate for the primary purpose of manufacturing,
fabricating, compounding, processing, publishing, research and development,
transportation, energy conversion, energy production, pollution control,
warehousing or agriculture; and (2) the agency or authority has the
full ownership interest in the real estate transferred.
P.
A transfer by a mortgagor to the holder of a bona fide mortgage in
default in lieu of a foreclosure or a transfer pursuant to a judicial
sale in which the successful bidder is a bona fide holder of a mortgage,
unless the holder assigns the bid to another person.
Q.
Any transfer between religious organizations or other bodies or persons
holding title for a religious organization if such real estate is
not being or has not been used by such transferor for commercial purposes.
R.
A transfer to a conservancy which possesses a tax exempt status pursuant
to § 501(c)(3) of the Internal Revenue Code of 1954, (68A
Stat. 3, 26 U.S.C. § 501(c)(3)) and which has as its primary
purpose preservation of land for historic, recreational, scenic, agricultural
or open space opportunities.
S.
A transfer of real estate devoted to the business of agriculture
to a family farm corporation by a member of the same family which
directly owns at least 75% of each class of the stock thereof.
T.
A transfer between members of the same family of an ownership interest
in a real estate company or family farm corporation.
U.
A transaction wherein the tax due is $1 or less.
V.
Leases for the production or extraction of coal, oil, natural gas
or minerals and assignments thereof.
(1)
In order to exercise any exclusion provided in this section,
the true, full and complete value of the transfer shall be shown on
the statement of value. A copy of the Pennsylvania Realty Transfer
Tax Statement of Value may be submitted for this purpose. For leases
of coal, oil, natural gas or minerals, the statement of value may
be limited to an explanation of the reason such document is not subject
to tax under this Part.
[Ord. 1010, 11/10/1986]
1.
Except as otherwise provided in § 24-306, documents which make, confirm or evidence any transfer or demise of title of real estate between associations or corporations and the reporting collections of the Pennsylvania realty transfer tax. The 2% commission shall be paid to the County.
2.
Upon a redetermination of the amount of realty transfer tax due by
the Commonwealth of Pennsylvania, the recorder shall rerecord the
deed or record the additional realty transfer tax form only when both
the state and local amounts and a rerecording fee has been tendered.
[Ord. 1010, 11/10/1986]
Every document lodged with or presented to the recorder of deeds
for recording, shall set forth therein and as part of such document
the true, full and complete value thereof, or shall be accompanied
by a statement of value executed by a responsible person connected
with the transaction showing such connection and setting forth the
true, full and complete value thereof or the reason, if any, why such
document is not subject to tax under this Part. A copy of the Pennsylvania
Realty Transfer Tax Statement of Value may be submitted for this purpose.
The provisions of this subsection shall not apply to any excludable
real estate transfers which are exempt from taxation based on family
relationship. Other documents presented for the affixation of stamps
shall be accompanied by a certified copy of the document and statement
of value executed by a responsible person connected with the transaction
showing such connection and setting forth the true, full and complete
value thereof or the reason, if any, why such document is not subject
to tax under this Part.
[Ord. 1010, 11/10/1986]
1.
If any part of any underpayment of tax imposed by this Part is due
to fraud, there shall be added to the tax an amount equal to 50% of
the underpayment.
2.
In the case of failure to record a declaration required under this
Part on the date prescribed therefor, unless it is shown that such
failure is due to reasonable cause, there shall be added to the 45%
of the amount of such tax if the failure is for not more than one
month, with an additional 5% for each additional month or fraction
thereof during which such failure continues, not exceeding 50% in
the aggregate.
[Ord. 1010, 11/10/1986]
The tax imposed by this Part shall become a lien upon the lands,
tenements or hereditaments or any interest therein, lying, being situated,
wholly or in part within the boundaries of the Borough of Bristol,
which lands, tenements or hereditaments or interest therein, are described
in or conveyed by or transferred by the deed which is the subject
of the tax imposed, assessed and levied by this Part, said lien to
begin at the time when the tax under this Part is due and payable,
and continue until discharged by payment, or in accordance with the
law, and the Solicitor is authorized to file a municipal or tax claim
in the Court of Common Pleas of Bucks County, in accordance with the
provisions of the Municipal Claims and Liens Act of 1923, 53 P.S.
§ 7101 et seq., its supplements and amendments.
[Ord. 1010, 11/10/1986]
All taxes imposed by this Part together with interest and penalties
prescribed herein, shall be recoverable as other debts of like character
are recovered.
[Ord. 1010, 11/10/1986]
The designee of the Borough of Bristol is charged with enforcement
and collection of tax and is empowered to promulgate and enforce reasonable
regulations for enforcement and collection of tax. The regulations
which have been promulgated by the Pennsylvania Department of Revenue
under 72 P.S. § 8101-C et seq., are incorporated into and
made a part of this Part.
