This article shall be known as the "real property transfer tax ordinance of the county of Placer." It is adopted pursuant to Part 6.7 (commencing with Section 11901) of Division 2 of the Revenue and Taxation Code.
(Prior code § 24.1)
There is imposed on each deed, instrument or writing by which any lands, tenements, or other realty sold within the county of Placer 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 $100, a tax at the rate of five-five cents ($.55) for each $500 or fractional part thereof.
(Prior code § 24.2)
The tax imposed by Section 4.08.020 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 § 24.3)
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 acquiring title. It shall be the duty of the recorder to record any instrument tendered by the United States, or any agency or instrumentality thereof, or any state or territory or any political subdivision thereof, or the District of Columbia, notwithstanding the failure of the party liable for the tax to pay such tax.
(Prior code § 24.5; Ord. 5006-B, 1999)
A. 
The 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.
Subdivisions 1 to 4, inclusive, of this subsection 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.
B. 
The tax imposed pursuant to this article 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 costs 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.
C. 
The tax imposed pursuant to this article 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.
In order to qualify for the exemption, 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.
D. 
The tax imposed pursuant to this article 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 an agreement whereby the purchaser agrees to immediately reconvey the realty to the exempt agency.
E. 
The tax imposed pursuant to this article shall not apply with respect to any deed, instrument, or other writing by which the state of California, 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 1.103-1(b) of Title 26 of the Code of Federal Regulations.
F. 
The tax imposed pursuant to this article shall not apply to any deed, instrument, or other writing which purports to grant, assign, transfer, convey, divide, allocate, or vest lands, tenements, or realty, or any interest therein, if by reason of such inter vivos gift or by reason of the death of any person, such lands, tenements, realty, or interests therein are transferred outright to, or in trust for the benefit of, any person or entity.
(Prior code § 24.6; Ord. 5006-B, 1999)
The 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:
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 791 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 § 24.7)
A. 
In the case of any realty held by a partnership, no tax shall be imposed pursuant to this article by reason of any transfer of an interest in the partnership or otherwise, if:
1. 
Such partnership (or other partnership) is considered a continuing partnership within the meaning of Section 708 of the Internal Revenue Code of 1954; and
2. 
Such continuing partnership continues to hold the realty concerned.
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 article, 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.
C. 
Not more than one tax shall be imposed pursuant to this article by reason of a termination described in subsection B of this section, and any transfer pursuant thereto, with respect to the realty held by such partnership at the time of such termination.
(Prior code § 24.8)
If the legislative body of any city in the county imposes a tax pursuant to Part 6.7 of Division 2 of the Revenue and Taxation Code equal to one-half the amount specified in Section 4.08.020, a credit shall be granted against the taxes due under this article in the amount of the city's tax.
(Prior code § 24.9)
The recorder shall repurchase any unused documentary tax stamps sold by him prior to July 1, 1968. The recorder shall accept in payment of the tax any such stamps affixed to a document offered for recordation and shall cancel the stamps so affixed.
(Prior code § 24.10)
The county recorder shall administer this article and shall also administer any article adopted by any city in the county pursuant to Part 6.7 (commencing with Section 11901) of Division 2 of the Revenue and Taxation Code imposing a tax for which a credit is allowed by this article.
On or before the fifteenth day of the month the recorder shall report to the county auditor the amounts of taxes collected during the preceding month pursuant to this article and each such city ordinance. The auditor shall allocate and distribute monthly said taxes as follows:
1. 
All moneys which relate to transfers of real property located in the unincorporated territory of the county shall be allocated to the county.
2. 
All moneys which relate to transfers of real property located in a city in the county which has imposed a tax pursuant to said Part 6.7 shall be allocated one-half to such city and one-half to the county.
3. 
All moneys which relate to transfers of real property located in a city in the county which imposes a tax on transfers of real property not in conformity with said Part 6.7 shall be allocated to the county.
4. 
All moneys which relate to transfers of real property in a city in the county which does not impose a tax on transfers of real property shall be allocated to the county.
(Prior code § 24.11)
A. 
The recorder shall not record any deed, instrument or writing subject to the tax imposed by this article unless the tax is paid. If the party submitting the document so requests, the amount of tax due shall be shown on a separate paper which shall be affixed to the document by the recorder after permanent record is made and before the original is returned as specified in Section 27321 of the Government Code.
B. 
Every document subject to tax hereunder which is submitted for recordation shall show on the face of the document or in a separate document the amount of taxes due under this article.
(Prior code § 24.12)
A. 
A declaration shall accompany each document submitted for recordation showing the amount of taxes due, if any, under this article, and the derivation of that amount. The information provided shall include sales price, the amount of the appraisal at time of sale, if any, the amount of any indebtedness deducted from the sale price as an exclusion from the tax, and shall include a statement that the consideration or value on which the tax due was computed, or that it was not, exclusive of the value of a lien or encumbrance remaining on the interest or property conveyed at the time of sale. Further information may be requested by the recorder upon receipt of the declaration and document for recording, which shall be submitted before recordation. A change of ownership statement may be submitted with document in lieu of the declaration of tax computed.
B. 
Change of Ownership Statement. A change of ownership statement must be filed whenever any change in ownership of real property or of a mobile home subject to local property taxation occurs. The statement must be made upon a form prescribed by the State Board of Equalization, specifically SBE Form AH-503, or modifications thereto. Revenue and Taxation Code Chapter 3, Article 2.5 pertains.
AUDITED:    OK (______)    NOT OK (______)
Clerk ___________________     Date _________________
DECLARATION OF DOCUMENTARY TRANSFER TAX
The undersigned, having knowledge of the transaction, does hereby disclose the following information to the Recorder of Placer County for the purpose of determining transfer tax on the documents submitted for recording in connection with this transaction.
APN ____________
STREET ADDRESS
TYPE OF TRANSACTION
COMPUTATION INFORMATION
 
Sale price of property
$______
 
Value if other than sale
$______
 
Encumbrances or liens
$______
 
Amount tax based on
$______
 
Tax ($.55 per $500. or portion thereof)
$______
 
Value obtained by appraisal
YES _____ NO _____
The consideration or value on which the tax due was computed was ( ) was not ( ) (check the appropriate blank) exclusive of the value of a lien or encumbrance remaining on the interest or property conveyed at the time of sale.
REASON FOR NO TAX DUE:
_____Gift Deed
_____Deed to or by a trustee not pursuant to a sale.
_____Deed given by an executor in accordance with the terms of the will.
_____Ordinary leases of real property for a definite term of years.
_____Deed to a trustee for the benefit of creditors.
_____Deed from an agent to this principal conveying real estate purchases for and with funds of the principal.
_____Conveyance is in dissolution of marriage by one spouse to the other.
_____Conveyance from one spouse to the other as sole and separate property.
_____Other (Please explain below.)
I DECLARE UNDER PENALTY OF PERJURY THAT THE FOREGOING IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE.
SIGNED: _______________________
DATE: _______________________
FIRM NAME: _______________________
PLACE: _______________________
NOTE: This information is not made a part of the recorded document but is made available to the Internal Revenue Service and other taxing agencies.
(Prior code § 24.12.1)
Each deed, instrument or writing by which lands, tenements, or other realty is sold, granted, assigned, transferred, or otherwise conveyed, shall have noted upon it the tax roll parcel number. The parcel number will be used only for administrative and procedural purposes and will not be proof of title and in the event of any conflicts, the stated legal description noted upon the document shall govern. The validity of such a document shall not be affected by the fact that such parcel number is erroneous or omitted, and there shall be no liability attaching to any person for an error in such number or for omission of such number.
If said lands, tenements, or other realty are located within a city in the county, the name of the city shall be set forth. If said lands, tenements, or other realty are located in the unincorporated area of the county, that fact shall be set forth.
The recorder shall not record any deed, instrument or writing in this section until such information is provided.
(Prior code § 24.12.2)
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.
(Prior code § 24.13)
In the administration of this article the recorder shall interpret its provisions consistently with those documentary stamp tax regulations adopted by the Internal Revenue Service of the U.S. Treasury Department which relate to the tax on conveyances and identified as Sections 47.4361-1, 47.4361-2, and 47.4362-1 of Part 47 of Title 26 of the Code of Federal Regulations, as the same existed on November 8, 1967, except that for the purposes of this article, the determination of what constitutes "realty" shall be determined by the definition or scope of that term under state law.
(Prior code § 24.14)
Whenever the county recorder has reason to believe that the full amount of tax due under this article has not been paid, the recorder may, by notice served upon any person liable therefor, require such person to furnish a true copy of his or her records relevant to the amount of the consideration or value of the interest or property conveyed.
(Prior code § 24.15)
A. 
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 article and makes any material misrepresentation of fact for the purpose of avoiding all or any part of the tax imposed by this article shall be guilty of a misdemeanor.
B. 
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 article.
(Prior code § 24.16)