This chapter shall be known as the real property transfer tax
ordinance of the city of Manteca. 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.
(Prior code § 19-24)
There is imposed on each deed, instrument or writ in 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, her or their direction, when the consideration or value of the
interest or property conveyed (exclusive of the value of any line
or encumbrances remaining thereon at the time of sale) exceeds one
hundred dollars, a tax at the rate of fifty-five cents for each five
hundred dollars or fractional part thereof.
(Prior code § 19-25; Amended
during 2009 republication)
Any tax imposed pursuant to Section 3.12.020 shall be paid by any person who makes, signs or issued any document or instrument subject to the tax, or for whose use or benefit the same is made, signed or issued.
(Prior code § 19-26)
Any tax imposed pursuant to this chapter shall not apply to
any instrument in writing given to secure a debt.
(Prior code § 27)
Any deed, instrument or writing to which the United Stated 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 § 28)
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 § 19-29)
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
of declaration under penalty of perjury for tax purposes.
(Prior code § 1929.1; Ord. 774 § 3, 1987)
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 nullity, or by any other judgment
or order rendered pursuant to Part 5 (commencing with Section 4000)
of Division 4 of the Civil code of California, or by a written agreement
between the spouse, 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 provided by this section, this 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.
(Prior code § 19-29.2; Ord. 774 § 3, 1987)
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 certifies 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 § 19-30)
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 § 19-31)
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 § 19-32)
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 § 19-33)
This chapter shall become operative upon the operative date
of any ordinance adopted by the county, pursuant to Part 6.7 (commencing
with Section 11901) of Division 2 of the Revenue and Taxation Code
of the state, or upon the effective date of this chapter, whichever
is later.
(Prior code § 19-34)
