This chapter shall be known as the "Uniform Real Property Transfer
Tax Ordinance of the City of West Hollywood." It is adopted pursuant
to the authority contained in the
Revenue and Taxation Code of the
State of California.
(Prior code § 6200; Ord. 84-12U § 1, 1984; Ord. 85-21, 1985)
There is hereby imposed on each deed, instrument or writing
by which any lands, tenements, or other realty sold within the City
of West Hollywood 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, a tax at the rate of twenty-seven and one-half ($0.275)
cents for each $500 or fractional part thereof.
(Prior code § 6201; Ord. 84-12U § 2, 1984; Ord. 85-21, 1985)
Any tax imposed pursuant to Section
3.28.020 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 § 6202; Ord. 84-12U § 3, 1984; Ord. 85-21, 1985)
Any tax imposed pursuant to this chapter shall not apply to
any instrument in writing given to secure a debt.
(Prior code § 6203; Ord. 84-12U § 4, 1984; Ord. 85-21, 1985)
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
chapter with respect to any deed, instrument, or writing to which
it is a party, and when it is acquiring title, but the tax may be
collected by assessment from any other party liable therefor.
(Prior code § 6204; Ord. 84-12U § 5, 1984; Ord. 85-21, 1985)
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:
a. Confirmed
under the Federal Bankruptcy Act, as amended;
b. 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;
c. 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
d. Whereby
a mere change in identity, form or place of organization is effected.
Subsections (a) to (d), 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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(Prior code § 6205; Ord. 84-12U § 6, 1984; Ord. 85-21, 1985)
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 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 § 6206; Ord. 84-12U § 7, 1984; Ord. 85-21, 1985)
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:
1. Such
partnership (or another 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 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.
c. Not more than one tax shall be imposed pursuant to this chapter by reason of a termination described in subsection
(b), and any transfer pursuant thereto, with respect to the realty held by such partnership at the time of such termination.
(Prior code § 6207; Ord. 84-12U § 8, 1984; Ord. 85-21, 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 § 6208; Ord. 84-12U § 9, 1984; Ord. 85-21, 1985)
Claims for refund of taxes imposed pursuant to this chapter
shall be governed by the provisions of Chapter V (commencing with
Section 5096) of Part 9 of Division 1 of the Revenue and Taxation
Code of the State of California.
(Prior code § 6209; Ord. 84-12U § 10, 1984; Ord. 85-21, 1985)