The ordinance codified in this chapter shall be known as the
"real property transfer tax ordinance of the city of Pleasanton."
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 § 1-6.25)
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 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 $0.275 for each $500.00 or fractional part thereof.
(Prior code § 1-6.26)
Any tax imposed pursuant to Section
3.16.020 of this chapter 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 § 1-6.27)
Any tax imposed pursuant to this chapter shall not apply to
any instrument in writing given to secure a debt.
(Prior code § 1-6.28)
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 any
tax imposed pursuant to this chapter when the exempt agency is acquiring
title.
(Prior code § 1-6.29; Ord. 1222 § 7, 1985)
Any tax imposed pursuant to this chapter shall not apply to
the making or delivery or 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 § 1-6.31)
Any tax imposed pursuant to this chapter shall not apply with
respect to any deed, instrument or writing to a beneficiary or 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 the deed, instrument or writing or stated in an affidavit
or declaration under penalty of perjury for tax purposes.
(Prior code § 1-6.33; Ord. 1222 § 8, 1985)
A. Any
tax imposed pursuant to this chapter shall not apply with respect
to any deed, instrument or other writing which purports to transfer,
divide or allocate community, quasi-community or quasi-marital property
which is required by a judgment decreeing the dissolution of the marriage
or legal separation, by a judgment of nullity, or by any other judgment
or order rendered pursuant to Part 5 (commencing with Section 4000)
of Division 4 of the
Civil Code, or by a written agreement between
the spouses, executed in contemplation of any such judgment or order,
whether or not the written agreement is incorporated as part of any
of those judgments or orders.
B. In order to qualify for the exemption provided in subsection
A, the deed, instrument, or other writing shall include a written recital, signed by either spouse, stating that the deed, instrument, or other writing is entitled to the exemption.
(Prior code § 1-6.34; Ord. 1222 § 8, 1985)
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 § 1-6.35; Ord. 1222 § 8, 1985)
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.
(Prior code § 1-6.36; Ord. 1222 § 8, 1985)