This chapter shall be known as the "Real Property Transfer Tax
Ordinance of the City of Garden Grove." It is adopted pursuant to
the authority contained in Part 6.7 (commencing with Section 11901)
of Division 2 of the
Revenue and Taxation Code of the state.
(Prior code § 6600; 977 § 1, 1967; 2805 § 1, 2012)
There is hereby imposed on each deed, instrument, or writing
by which any lands, tenements, or other realty sold within the City
shall be granted, assigned, transferred, or otherwise conveyed to,
or vested in, the purchaser or purchasers, or any other person or
persons, by his or her or their direction, when the consideration
or value of the interest or property conveyed (exclusive of the value
of any lien or encumbrances remaining thereon at the time of sale)
exceeds $100.00, a tax at the rate of 27-1/2 cents for each $500.00
or fractional part thereof.
(Prior code § 6601; 977 § 1, 1967; 2805 § 1, 2012)
Any tax imposed pursuant to Section
3.16.010 shall be paid by any person who makes, signs, or issues any document or instrument subject to the tax, or for whose use or benefit the same is made, signed, or issued.
(Prior code § 6602; 977 § 1, 1967; 2805 § 1, 2012)
A. Any
tax imposed pursuant to this chapter shall not apply to any instrument
in writing given to secure a debt.
B. Any
deed, instrument, or writing to which the United States or any agency
or instrumentality thereof, any state or territory, or political subdivision
thereof, is a party shall be exempt from the tax imposed pursuant
to this chapter when the exempt agency is acquiring title.
C. Any
tax imposed pursuant to this chapter shall not apply to the making,
delivering, or filing of conveyances to make effective any plan of
reorganization or adjustment:
1. Confined
under the Federal Bankruptcy Act, as amended;
2. Approved in an equity receivership proceeding in a court involving a railroad corporation, as defined in Chapter 1, Section 101 of Title
11 of the United States Code, as amended;
3. Approved in an equity receivership proceeding in a court involving a corporation, as defined in Chapter 1, Section 101 of Title
11 of the United States Code, as amended; or
4. Whereby
a mere change in identity, form, or place of organization is effected.
Subdivisions 1 to 4, inclusive, of this subsection shall only apply
if the making, delivery, or filing of instruments of transfer or conveyances
occurs within five years from the date of such confirmation, approval,
or change.
D. Any
tax imposed pursuant to this chapter shall not apply to the making
or delivery of conveyances to make effective any order of the Securities
and Exchange Commission, as defined in Subdivision (a) of Section
1083 of the Internal Revenue Code of 1954, but only if:
1. The
order of the Securities and Exchange Commission in obedience to which
such conveyance is made recites that such conveyance is necessary
or appropriate to effectuate the provisions of Section 79k of Title
15 of the United States Code, relating to the Public Utility Holding
Company Act of 1935;
2. Such
order specifies the property that is ordered to be conveyed; and
3. Such
conveyance is made in obedience to such order.
E.
1. In
the case of any realty held by a partnership, no levy shall be imposed
pursuant to this chapter by reason of any transfer of an interest
in a partnership or otherwise, if:
a. Such partnership (or another partnership) is considered a continuing
partnership within the meaning of Section 708 of the Internal Revenue
Code of 1954; and
b. Such continuing partnership continues to hold the realty concerned;
2. If
there is a termination of any partnership within the meaning of Section
708 of the Internal Revenue Code of 1954, for purposes of this chapter,
such partnership shall be treated as having executed an instrument
whereby there was conveyed, for fair market value (exclusive of the
value of any lien or encumbrance remaining thereon), all realty held
by such partnership at the time of such termination; and
3. Not
more than one tax shall be imposed pursuant to this chapter by reason
of a termination described in subdivision 2 of this subsection, and
any transfer pursuant thereto, with respect to the realty held by
such partnership at the time of such termination.
(Prior code § 6603; 977 § 1, 1967; 1085 § 1, 1969; 2805 § 1,
2012)
The County Recorder shall administer this chapter in conformity
with the provisions of Part 6.7 of Division 2 of the Revenue and Taxation
Code and the provisions of any County ordinance adopted pursuant thereto.
(Prior code § 6604; 977 § 1, 1967; 2805 § 1, 2012)
Claims for refund of taxes imposed pursuant to this chapter
shall be governed by the provisions of Chapter 5 (commencing with
Section 5096) of Part 9 of Division 1 of the Revenue and Taxation
Code of the state.
(Prior code § 6605; 977 § 1, 1967; 2805 § 1, 2012)
This chapter shall become operative upon the operative date
of any ordinance adopted by the County of Orange, pursuant to Part
6.7 (commencing with Section 11901) of Division 2 of the Revenue and
Taxation Code of the state, or upon the effective date of the ordinance
codified herein, whichever is the later.
(Prior code § 6606; 977 § 1, 1967; 2805 § 1, 2012)