This chapter may be cited as the “Real Property Transfer
Tax Ordinance of the City.” It is adopted pursuant to Part 6.7
(commencing with Section 11901) of Division 2 of the Revenue and Taxation
Code of the state.
(Prior code § 23.55)
There is 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, her or their direction when the consideration or value of the
interest on 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 27½ cents for each $500.00 or fractional
part thereof.
(Prior code § 23.56)
The tax imposed pursuant to Section
4.28.020 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 § 23.57)
The tax imposed pursuant to this chapter shall not apply to
any instrument in writing given to secure a debt.
(Prior code § 23.58)
Any deed, instrument or writing which the United States or any
instrument or instrumentality thereof, any state or territory, or
political subdivision thereof, is a party, shall be exempt from any
tax imposed pursuant to this chapter when the exempt agency is acquiring
title.
(Prior code § 23.59; Ord. 1301 § 10, 1975)
The 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:
A. Confirmed
under the Federal Bankruptcy Act, as amended;
B. Approved in an equity receivership proceeding in a court involving a railroad corporation, as defined in subdivision (m) of Section 205 of Title
11 of the United States Code, as amended;
C. Approved in an equity receivership proceeding in a court involving a corporation, as defined in subdivision (3) of Section 506 of Title
11 of the United States Code, as amended; or
D. Whereby a mere change in identity, form or place of organization is effected, subsections
A through
D, inclusive, of this section 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.
(Prior code § 23.60)
The 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:
A. 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;
B. Such
order specifies the property which is ordered to be conveyed;
C. Such
conveyance is made in obedience to such order.
(Prior code § 23.61)
No tax imposed by this chapter shall apply with respect to any
deed, instrument or writing to a beneficiary or a mortgagee, which
is taken from the mortgagor or trustor as a result of or in lieu of
foreclosure; provided that such tax shall apply to the extent that
the consideration exceeds the unpaid debt, including accrued interest
and cost of foreclosure. Consideration, unpaid debt amount and identification
of grantee as beneficiary or mortgagee shall be noted on said deed,
instrument or writing, or stated in an affidavit or declaration under
penalty of perjury for tax purposes.
(Prior code § 23.62-1; Ord. 1301 § 11, 1975)
The county shall administer the provisions codified in this
chapter for the city in conformity with the provisions of Part 6.7
of Division 2 of the
Revenue and Taxation Code of the state and the
provisions of any county ordinance adopted pursuant thereto.
(Prior code § 23.63)
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 § 23.64)
Any person, or persons, who makes, signs, issues or accepts
or causes to be made, signed, issued or accepted and who submits or
causes to be submitted for recordation any deed, instrument or writing
subject to the tax imposed by this chapter and makes any material
misrepresentation of fact for the purpose of avoiding all or any part
of the tax imposed by this chapter shall be guilty of a misdemeanor.
No person or persons shall be liable, either civilly or criminally,
for any unintentional error made in designating the location of the
lands, tenements or other realty described in a document subject to
the tax imposed by this chapter.
(Prior code § 23.65)