Note: Legislative History: Under Charter authority, the City of Stockton enacted a real property transfer tax of $3.00 for each $1,000.00, obviating the previous ordinance adopted under Revenue and Taxation Code Section 11901, et seq. The Charter adopted ordinance contained a sunset clause which, under Proposition 218, would require a two-thirds vote to re-enact the ordinance or extend the sunset clause. At the General Election in November 1998, the City Council submitted to the electorate a real property transfer tax enacted under Revenue and Taxation Code Section 11901, et seq. The measure was adopted by the voters and is embodied in the current Sections 3.20.010 through 3.20.150.
This chapter shall be known as the "Real Property Transfer Tax Code of the City of Stockton." The ordinance codified in this chapter 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.
In the event that a Real Property Transfer Tax Code, enacted
pursuant to the Charter authority of the City, is approved by the
electorate at the General Election held November 3, 1998, said ordinance,
if also adopted at that same election, shall only take effect if the
Charter authority ordinance should be terminated or otherwise be or
become unenforceable.
(Prior code § 8-050)
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 encumbrance 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 § 8-051)
Any tax imposed pursuant to Section 3.20.020 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 § 8-052)
Any tax imposed pursuant to this chapter shall not apply to
any instrument in writing given to secure a debt.
(Prior code § 8-053)
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 § 8-054)
A.
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.
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.
(Prior code § 8-055)
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 Sates 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 § 8-056)
A.
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:
B.
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.
(Prior code § 8-057)
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 said deed, instrument or writing or stated in an affidavit
or declaration under penalty of perjury for tax purposes.
(Prior code § 8-058)
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
assets between spouses for the purpose of effecting a division of
community, quasi-community, or quasi-marital property which is required
by a judgment decreeing a dissolution of the marriage or legal separation,
by a judgment of nullity, or by any other judgment or order rendered
pursuant to the Family 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.
(Prior code § 8-059)
Any tax imposed pursuant to this chapter shall not apply with
respect to any deed, instrument, or other writing by which realty
is conveyed by the State of California, any political subdivision
thereof, or agency or instrumentality of either thereof, pursuant
to any agreement whereby the purchaser agrees to immediately reconvey
the realty to the exempt agency.
(Prior code § 8-060)
Any tax imposed pursuant to this chapter shall not apply with
respect to any deed, instrument, or other writing by which the State,
any political subdivision thereof, or agency or instrumentality of
either thereof, conveys to a nonprofit corporation realty the acquisition,
construction, or improvement of which was financed or refinanced by
obligations issued by the nonprofit corporation on behalf of a governmental
unit, within the meaning of Section 1.103(b) of Title 26 of the Code
of Federal Regulations.
(Prior code § 8-061)
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 § 8-062)
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 § 8-063)
References made to provisions of State and/or Federal codes
shall include amendments thereto and, if replaced, the replacement
provisions.
(Prior code § 8-064)
