This chapter shall be known as the real property transfer tax ordinance of the City of Carlsbad. 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.
(Ord. 1105 § 1, 1967)
There is 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 encumbrances remaining thereon at the time of sale) exceeds $100.00,
a tax at the rate of 27.5 cents for each $500.00 or fractional part
thereof.
(Ord. 1105 § 1, 1967)
Any tax imposed pursuant to Section
3.16.020, shall be paid by any person who makes, signs or issues any document or instrument subject to the tax, or for whose benefit the same is made, signed or issued.
(Ord. 1105 § 3, 1967)
Any tax imposed pursuant to this chapter shall not apply to
any instrument in writing given to secure a debt.
(Ord. 1105 § 4, 1967)
Any deed, instrument or writing to which the United States or
any agency 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.
(Ord. 1105 § 5, 1967; Ord. 1118 § 1, 1970)
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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(Ord. 1105 § 6, 1967)
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.
(Ord. 1105 § 7, 1967)
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 the deed, instrument
or writing or stated in an affidavit or declaration under penalty
of perjury for tax purposes.
(Ord. 1296 § 3, 1987)
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.
(Ord. 1105 § 9, 1967)
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 of California.
(Ord. 1105 § 10, 1967)