This article shall be known as the "Real Property Transfer Tax Law of the City of Ojai." 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.
(§ 1, Ord. 390, eff. January 1, 1968)
There is hereby 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 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 $0.275 cents for each $500 or fractional
part thereof.
(§ 1, Ord. 390, eff. January 1, 1968)
Any tax imposed pursuant to the provisions of Section
8-1.302 of this article 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.
(§ 1, Ord. 390, eff. January 1, 1968)
Any tax imposed pursuant to the provisions of this article shall
not apply to any instrument in writing given to secure a debt.
(§ 1, Ord. 390, eff. January 1, 1968)
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 the
provisions of this article 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.
(§ 1, Ord. 390, eff. January 1, 1968)
Any tax imposed pursuant to the provisions of this article 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 subsection (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 subsection (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.
The provisions 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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(§ 1, Ord. 390, eff. January 1, 1968)
Any tax imposed pursuant to the provisions of this article shall
not apply to the making or delivery of conveyances to make effective
any order of the Securities and Exchange Commission, as defined in
subsection (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; and
(c) Such
conveyance is made in obedience to such order.
(§ 1, Ord. 390, eff. January 1, 1968)
(a) In
the case of any realty held by a partnership, no levy shall be imposed
pursuant to the provisions of this article 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 the purposes of this
article 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 the provisions of this article 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.
(§ 1, Ord. 390, eff. January 1, 1968)
The County Recorder shall administer the provisions of this article in conformity with the provisions of Part 6.7 of Division
2 of the
Revenue and Taxation Code of the State and the provisions of any County ordinance adopted pursuant thereto.
(§ 1, Ord. 390, eff. January 1, 1968)
Claims for the refund of the taxes imposed pursuant to the provisions of this article 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.
(§ 1, Ord. 390, eff. January 1, 1968)
The provisions of this article shall become operative upon the operative date of any ordinance adopted by the County pursuant to the provisions of Part 6.7 (commencing with Section 11901) of Division
2 of the
Revenue and Taxation Code of the State, or on January 1, 1968, whichever is the later.
(§ 1, Ord. 390, eff. January 1, 1968)