This Article may be referred to as the City's "Real Property
Transfer Tax." 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.
There is hereby imposed on each deed, instrument or writing
by which any lands, tenements, or other realty sold within the City
of Inglewood 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.
Any tax imposed pursuant to this Article 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.
Any tax imposed pursuant to this Article shall not apply to
any instrument in writing given to secure a debt.
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, but the tax may be collected by assessment from any
other party liable therefor.
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 (3) of Section 506 of Title
11 of the United States Code, as amended; or
(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 Section 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.
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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.
The County Recorder shall administer this Article 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.
Claims for refund 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 of the State of California.
(Ord. 1932 12-29-67)