This chapter shall be known as the "Real Property Transfer
Tax Ordinance of the City of Plymouth." 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 of California.
(Ord. 67-2 § 1, 1967)
There is hereby imposed on each deed, instrument or writing
by which any lands, tenements, or other realty sold within the City
of Plymouth 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 or property conveyed (exclusive of the value
of any lien or encumbrances remaining thereon at the time of sale)
exceeds $100, a tax at the rate of twenty-seven and one-half cents
($0.275) for each $500 or fractional part thereof.
(Ord. 67-2 § 2, 1967)
Any tax imposed pursuant to Section
3.38.020 hereof 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.
(Ord. 67-2 § 3, 1967)
Any tax imposed pursuant to this chapter shall not apply to
any instrument in writing given to secure a debt.
(Ord. 67-2 § 4, 1967)
The United States or any agency or instrumentality thereof,
shall not be liable for any tax imposed pursuant to this chapter with
respect to any deed, instrument or writing to which it is a party,
but the tax may be collected by assessment from any other party liable
therefor.
(Ord. 67-2 § 5, 1967; Ord. 97-4 § 3, 1997)
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:
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 to
D inclusive, of this section shall only apply if making, delivery or filing of instruments of transfer or conveyances occurs within five years from the date of such confirmation, approval or change.
(Ord. 67-2 § 6, 1967)
Any tax imposed pursuant to this chapter shall be subject to
the exceptions contained in
Revenue and Taxation Code Sections 11926—11929,
inclusive.
(Ord. 97-4 § 4, 1997)
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:
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 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.
(Ord. 67-2 § 7, 1968)
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.
(Ord. 67-2 § 9, 1968)
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 of California.
(Ord. 67-2 § 10, 1968)
This chapter shall become operative upon the operative date
of any ordinance adopted by the County of Amador, pursuant to Part
6.7 (commencing with Section 11901) of Division 2 of the Revenue and
Taxation Code of the State of California, or upon the effective date
of the ordinance codified in this chapter, whichever is the later.
(Ord. 67-2 § 11, 1968)