The county recorder shall administer this article in conformity with the provisions of Parts 6 and 7 of Division
2 of the
Revenue and Taxation Code and the provisions of any county ordinance adopted pursuant thereto.
(Code 1957, § 2909)
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 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.
(Code 1957, § 2902)
Any tax imposed pursuant to section
25-52 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.
(Code 1957, § 2903)
Claims for refunds of taxes imposed pursuant to this article 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.
(Code 1957, § 2909.1)
Any tax imposed pursuant to this article shall not apply to
any instrument in writing given to secure a debt.
(Code 1957, § 2904)
The United States or any agency or instrumentality thereof,
any state or territory, or political subdivision thereof, or the District
of Columbia shall not be liable for any tax imposed pursuant to this
article with respect to any deed, instrument or writing to which it
is a party, and the tax may be collected by assessment from any other
party liable therefor.
(Code 1957, § 2905)
Any tax imposed pursuant to this article shall not apply to
the making, delivering or filing of conveyances to make effective
any plan of reorganization or adjustment:
(1) Confirmed
under the Federal Bankruptcy Act, as amended;
(2) 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;
(3) 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
(4) Whereby
a mere change in identity, form or place of organization is effected.
Subsections (1) to (4), inclusive, of this section shall only apply if the making, delivery or filing of instruments of transfer or conveyance occurs within five years from the date of such confirmation, approval or change.
|
(Code 1957, § 2906)
Any tax imposed pursuant to this article 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 which is ordered to be conveyed;
(3) Such
conveyance is made in obedience to such order.
(Code 1957, § 2907)