This chapter shall be known as the "Real Property Transfer Tax
Ordinance of the City of Crescent City". 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.
(Prior code § 25-401)
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, 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 one
hundred dollars, a tax at the rate of twenty-seven and one-half cents
for each five hundred dollars or fractional part thereof.
(Prior code § 25-402)
Any tax imposed pursuant to Section
3.12.020 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 § 25-403)
A. Any tax imposed pursuant to Section
3.12.020 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 the cost of foreclosure.
B. 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.
Revenue and Taxation Code Section 11926.
(Prior code § 25-404; Ord. 565 § 5, 1980)
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, but the tax may be collected by assessment from any
other party liable therefor.
(Prior code § 25-405)
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 § 25-407)
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 § 25-409)
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 § 25.410)
This chapter shall become operative upon the operative date
of any ordinance adopted by the County of Del Norte, 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 the ordinance
codified in this chapter, whichever is the later.
(Prior code § 25-411)