[1961 Code, § 20.24; Ord. 500]
This subchapter shall be known as the “Real Property Transfer Tax Ordinance” of the city. It is adopted pursuant to the authority contained in Cal. Rev. & Tax. Code §§ 11901 et seq.
[1961 Code, § 20.25; Ord. 500]
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 $.275 for each $500 or fractional part thereof.
[1961 Code, § 20.26; Ord. 500]
Any tax imposed pursuant to § 34.61 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.
[1961 Code, § 20.27; Ord. 500; Ord. 1036]
(A) 
Any tax imposed pursuant to this subchapter 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 the result of or in lieu of foreclosure, provided, that tax shall not 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.
(B) 
Any tax imposed pursuant to this subchapter 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 pursuant to Cal. Rev. & Tax. Code § 11927.
[1961 Code, § 20.28; Ord. 500; Ord. 1036]
In a 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 shall be exempt from any tax imposed pursuant to this subchapter when the exempt agency is acquiring title.
[1961 Code, § 20.29; Ord. 500]
(A) 
Any tax imposed pursuant to this subchapter 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 § 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 § 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 affected.
(B) 
Divisions (A)(1) through (4) above, inclusive, shall only apply if the making, delivery or filing of instruments of transfer or conveyances occurs within five years from the date of the confirmation, approval or change.
[1961 Code, § 20.30; Ord. 500]
Any tax imposed pursuant to this subchapter 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 § 1083 of the Internal Revenue Code of 1954 but only if:
(A) 
The order of the SEC in obedience to which the conveyance is made recites that the conveyance is necessary or appropriate to effectuate the provisions of § 79k of Title 15 of the United States Code, relating to the Public Utility Holding Company Act of 1935;
(B) 
The order specifies the property which is ordered to be conveyed;
(C) 
The conveyance is made in obedience to the order.
[1961 Code, § 20.31; Ord. 500]
(A) 
In the case of any realty held by a partnership, no levy shall be imposed pursuant to this subchapter by reason of any transfer of an interest in a partnership or otherwise if:
(1) 
That partnership (or another partnership) is considered a continuing partnership within the meaning of § 708 of the Internal Revenue Code of 1954; and,
(2) 
The continuing partnership continues to hold the realty concerned.
(B) 
If there is a termination of any partnership within the meaning of § 708 of the Internal Revenue Code of 1954 for purposes of this subchapter, the 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 the partnership at the time of the termination.
(C) 
Not more than one tax shall be imposed pursuant to this subchapter by reason of a termination described in division (B) above and any transfer pursuant thereto, with respect to the realty held by the partnership at the time of the termination.
[1961 Code, § 20.32; Ord. 500]
The County Recorder shall administer this subchapter in conformity with the provisions of Cal. Rev. & Tax. Code §§ 11901 et seq. and the provisions of any county ordinance adopted pursuant thereto.
[1961 Code, § 20.33; Ord. 500]
Claims for refund of taxes imposed pursuant to this subchapter shall be governed by the provisions of Cal. Rev. & Tax. Code §§ 5096 et seq.
[1961 Code, § 20.34; Ord. 500]
This subchapter shall become operative upon the operative date of any ordinance adopted by the county, pursuant to Cal. Rev. & Tax. Code §§ 11901 et seq. or upon the effective date of this subchapter, whichever is later.