This chapter shall be known as the "real property transfer tax ordinance of the city of La Verne." It is adopted pursuant to the authority contained in Part 6.7 (commencing with Section 11901) of Division II of the Revenue and Taxation Code of the state.
(Prior code 5570)
There is imposed on each deed, instrument or writing by which any lands, tenements, or other realty sold in 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 the sale) exceeds one hundred dollars, a tax rate of twenty-seven and one-half cents for each five hundred dollars or fractional part thereof.
(Prior code 5571)
Any tax imposed pursuant to Section 3.12.020 of this chapter 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 5772)
No tax imposed pursuant to this chapter shall apply to:
A. 
Any deed, instrument or writing to which the United States or any agency or instrumentality thereof, any state or territory or political subdivision thereof, is a party, when the exempt agency is acquiring title;
B. 
Any deed, instrument or writing which is taken from a mortgagor or trustor as the result of or in lieu of foreclosure, except to the extent the consideration exceeds the unpaid debt;
C. 
Any deed, instrument or writing which purports to transfer, divide or otherwise allocate marital property pursuant to a decree of dissolution or nullity or other similar court order, or as required by a written agreement between spouses executed in contemplation of such judgment or order.
(Prior code 5570.02; Ord. 7132, 1986)
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 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 court involving a corporation as defined in sub-division 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 or organization is effected.
B. 
Subsections A1 to A4 of this section, inclusive, shall only apply if the making, delivering or filing of instruments or transfer or conveyances occurs within five years from the date of such confirmation, approval or change.
(Prior code § 5570.03)
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 conveyances are 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 § 5570.04)
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 of this section, and any transfer pursuant thereto, with respect to the realty held by such partnership at the time of such termination.
(Prior code § 5570.05)
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 § 5573)
Claims for refund of taxes imposed pursuant to this chapter shall be governed by the provisions of Chapter 5 (commencing with Section 2096) Part 9 of Division 1 of the Revenue and Taxation Code of the state.
(Prior code § 5574)
Upon its adoption the city clerk shall file two copies of the ordinance codified in this chapter with the county recorder.
(Prior code § 5576)
The ordinance codified in 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 1 of the Revenue and Taxation Code of the state, or upon the effective date of the ordinance, whichever is later.
(Prior code § 5575)