[Adopted 5-18-1987 by Ord. No. HR-109
(Ch. II, Art. 2, of the 1979 General Laws of the Municipality of Tredyffrin)]
A.
A realty transfer tax for general revenue purposes
is hereby imposed upon the transfer of real estate or any interest
in real estate situated within Tredyffrin Township, regardless of
where the documents making the transfer are made, executed or delivered
or where the actual settlements on such transfer took place, as authorized
by Article XI-D, Local Real Estate Transfer Tax, 72 P.S. § 8101-D
et seq.
B.
This article shall be known and may be cited as the
"Tredyffrin Township Realty Transfer Tax Ordinance."
As used in this article, the following terms
shall have the meanings indicated:
A real estate company upon a change in the ownership interest
in the company, however effected, if the change does not affect the
continuity of the company and of itself or together with prior changes
has the effect of transferring, directly or indirectly, 90% or more
of the total ownership interest in the company within a period of
three years.
A partnership, limited partnership or any other form of unincorporated
enterprise owned or conducted by two or more persons other than a
private trust or decedent's estate.
A corporation, joint-stock association, business trust or
banking institution which is organized under the laws of this commonwealth,
the United States or any other state, territory, foreign country or
dependency.
Any deed, instrument or writing which conveys, transfers, demises, vests, confirms or evidences any transfer or demise of title to real estate, but does not include wills, mortgages, deeds of trust or other instrument of like character given as security for a debt and deeds of release thereof to the debtor, land contracts whereby the legal title does not pass to the grantee until the total consideration specified in the contract has been paid or any cancellation thereof unless the consideration is payable over a period of time exceeding 30 years, or instruments which solely grant, vest or confirm a public utility easement. "Document" shall also include a declaration of acquisition required to be presented for recording under § 186-17 of this article.
A corporation of which at least 75% of its assets are
devoted to the business of agriculture and at least 75% of each class
of stock of the corporation is continuously owned by members of the
same family. The business or agriculture shall not be deemed to include:
Recreational activities, such as but not limited
to hunting, fishing, camping, skiing, show competition or racing;
The raising, breeding or training of game animals
or game birds, fish, cats, dogs or pets or animals intended for use
in sporting or recreational activities;
Fur farming;
Stockyard and slaughterhouse operations; or
Manufacturing or processing operations of any
kind.
Any individual, such individual's brothers and sisters, the
brothers and sisters of such individual's parents and grandparents,
the ancestors and lineal descendants of any of the foregoing, a spouse
of any of the foregoing and the estate of any of the foregoing. Individuals
related by the half blood or legal adoption shall be treated as if
they were related by the whole blood.
Every natural person, association or corporation. Whenever
used in any clause prescribing and imposing a fine or imprisonment,
or both, the term "person," as applied to associations, shall include
the responsible members or general partners thereof and, as applied
to corporations, the officers thereof.
Any lands, tenements or hereditaments within
this township, including without limitation buildings, structures,
fixtures, mines, minerals, oil, gas, quarries, spaces with or without
upper or lower boundaries, trees and other improvements, immovables
or interests which by custom, usage or law pass with a conveyance
of land, but excluding permanently attached machinery and equipment
in an industrial plant.
A condominium unit.
A tenant-stockholder's interest in a cooperative
housing corporation, trust or association under a proprietary lease
or occupancy agreement.
A corporation or association which is primarily engaged
in the business of holding, selling or leasing real estate, 90% or
more of the ownership interest in which is held by 35 or fewer persons
and which:
Derives 60% or more of its annual gross receipts
from the ownership or disposition of real estate; or
Holds real estate, the value of which comprises
90% or more of the value of its entire tangible asset holdings exclusive
of tangible assets which are freely transferable and actively traded
on an established market.
Any interest in real estate which endures for
a period of time, the termination of which is not fixed or ascertained
by a specific number of years, including without limitation an estate
in fee simple, life estate or perpetual leasehold; or
Any interest in real estate enduring for a fixed
period of years but which, either by reason of the length of the term
or the grant of a right to extend the term by renewal or otherwise,
consists of a group of rights approximating those of an estate in
fee simple, life estate or perpetual leasehold, including without
limitation a leasehold interest or possessory interest under a lease
or occupancy agreement for a term of 30 years or more or a leasehold
interest or possessory interest or possessory interest in real estate
in which the lessee has equity.
The making, execution, delivering, accepting or presenting
for recording of a document.
In the case of any bona fide sale of real estate
at arm's length for actual monetary worth, the amount of the actual
consideration therefor paid or to be paid, including liens or other
encumbrances thereon existing before the transfer and not removed
thereby, whether or not the underlying indebtedness is assumed, and
ground rents, or a commensurate part thereof where such liens or other
encumbrances and ground rents also encumber or are charged against
other real estate, provided that where such documents shall set forth
a nominal consideration, the value thereof shall be determined from
the price set forth in or actual consideration of the contract of
sale;
In the case of gift, sale by execution upon
a judgment or upon the foreclosure of a mortgage by a judicial officer,
transactions without consideration or for consideration less than
the actual monetary worth of the real estate, a taxable lease, an
occupancy agreement, a leasehold or possessory interest, any exchange
of properties or the real estate of an acquired company, the actual
monetary worth of the real estate determined by adjusting the assessed
value of the real estate for local real estate tax purposes for the
common level ratio factor developed by the Pennsylvania Department
of Revenue for Pennsylvania realty transfer tax base calculations;
The actual consideration of or actual monetary
worth of any executory agreement for the construction of buildings,
structures or other permanent improvements to real estate between
the grantor and other persons existing before the transfer and not
removed thereby or between the grantor, the agent or principle of
the grantor of a related corporation, association or partnership and
the grantee existing before or effective with the transfer.
A.
Every person who makes, executes, delivers, accepts
or presents for recording any document or in whose behalf any document
is made, executed, delivered, accepted or presented for recording
shall be subject to pay for and in respect to the transaction or any
part thereof a tax for the benefit of the township at the rate of
1% of the value of the real estate represented by such document, which
tax shall be payable at the earlier of the time the document is presented
for recording or within 30 days of acceptance of such document or
within 30 days of becoming an acquired company.
[Amended 6-1-1987 by Ord. No. HR-110]
B.
The payment of the tax imposed herein shall be evidenced
by the affixing of an official stamp or writing by the Recorder of
Deeds of Chester County, whereon the date of the payment of the tax,
amount of the tax and the signature of the collecting agent shall
be set forth.
C.
It is the intent of this article that the entire burden
of the tax imposed herein on a person or transfer shall not exceed
the limitations set forth in Sections 5 and 17 of the Local Tax Enabling
Act, Act of December 31, 1965, P.L. 1257, 53 P.S. §§ 6905
and 6917, as the same are incorporated by reference by means of Section
17 of the Act of July 2, 1986, P.L. 318, 72 P.S. § 8101-D.
If any other political subdivision shall have imposed or hereafter
shall impose a tax on the same person or transfer, then the tax levied
by said political subdivision shall be in addition to the tax of the
township hereunder and the tax imposed hereby for the benefit of the
township shall be 1% of the value of the real estate as provided hereinabove,
provided that in the event that a court of competent jurisdiction
shall determine that the rate of tax prescribed hereunder, either
considered in isolation or in combination with the taxes imposed by
other political subdivisions, exceeds the maximum permitted by law,
then it is the intent of this article that the total of all taxes
imposed with respect to the transactions taxable hereunder not exceed
the maximum rate permitted by Act No. 77 of July 2, 1986, and that
during such time as a duplication of taxes exists then the tax levied
by the township shall be at the maximum rate permitted by law.
[Amended 6-1-1987 by Ord. No. HR-110]
D.
If for any reason the tax is not paid when due, interest
at the rate in effect at the time the tax is due shall be added and
collected.
The United States, the commonwealth or any of
their instrumentalities, agencies or political subdivisions shall
be exempt from payment of the tax imposed by this article. The exemption
of such governmental bodies shall not, however, relieve any other
party to a transaction from liability for the tax.
A.
The tax imposed by § 186-14 shall not be imposed upon:
(1)
A transfer to the commonwealth or to any of its instrumentalities,
agencies or political subdivisions by gift, dedication or deed in
lieu of condemnation or deed of confirmation in connection with condemnation
proceedings, or a reconveyance by the condemning body of the property
condemned to the owner of record at the time of condemnation which
reconveyance may include property line adjustments, provided that
said reconveyance is made within one year from the date of condemnation.
(2)
A document which the township is prohibited from taxing
under the constitution or statutes of the United States.
(3)
A conveyance to a municipality, township, school district
or county pursuant to acquisition by the municipality, township, school
district or county of a tax delinquent property at sheriff sale or
Tax Claim Bureau sale.
(4)
A transfer for no or nominal actual consideration
which corrects or confirms a transfer previously recorded, but which
does not extend or limit existing record legal title or interest.
(5)
A transfer of division in kind for no or nominal actual
consideration of property passed by testate or intestate succession
and held by covenants; however, if any of the parties take shares
greater in value than their undivided interest, tax is due on the
excess.
(6)
A transfer between husband and wife, between persons
who were previously husband and wife who have since been divorced,
provided that the property or interest therein subject to such transfer
was acquired by the husband and wife or husband or wife prior to the
granting of the final decree in divorce, between parent and child
or the spouse of such child, between brother or sister or spouse of
a brother or sister and brother or sister or spouse of a brother or
sister and between a grandparent and grandchild or the spouse of such
grandchild, except that a subsequent transfer by the grantee within
one year shall be subject to tax as if the grantor were making such
transfer.[1]
(7)
A transfer for no or nominal actual consideration
of property passing by testate or intestate succession from a personal
representative of a decedent to the decedent's devisee or heir.
(8)
A transfer for no or nominal actual consideration
to a trustee of an ordinary trust where the transfer of the same property
would be exempt if the transfer was made directly from the grantor
to all of the possible beneficiaries, whether or not such beneficiaries
are contingent or specifically named. No such exemption shall be granted
unless the Recorder of Deeds is presented with a copy of the trust
instrument that clearly identifies the grantor and all possible beneficiaries.
(9)
A transfer for no or nominal actual consideration
from a trustee to a beneficiary of an ordinary trust.
(10)
A transfer for no or nominal actual consideration
from trustee to successor trustee.
(11)
A transfer for no or nominal actual consideration
between principal and agent or straw party; or from or to an agent
or straw party where, if the agent or straw party were his principal,
no tax would be imposed under this article. Where the document by
which title is acquired by a grantee or statement of value fails to
set forth that the property was acquired by the grantee from or for
the benefit of his principal, there is a rebuttable presumption that
the property is the property of the grantee in his individual capacity
if the grantee claims an exemption from taxation under this clause.
(12)
A transfer made pursuant to the statutory merger
or consolidation of a corporation or statutory division of a nonprofit
corporation, except where the Department reasonably determines that
the primary intent for such merger, consolidation or division is avoidance
of the tax imposed by this article.
(13)
A transfer from a corporation or association
of real estate held of record in the name of the corporation or association
where the grantee owns stock of the corporation or an interest in
the association in the same proportion as his interest in or ownership
of the real estate being conveyed and where the stock of the corporation
or the interest in the association has been held by the grantee for
more than two years.
(14)
A transfer from a nonprofit industrial development
agency or authority to a grantee of property conveyed by the grantee
to that agency or authority as security for a debt of the grantee
or a transfer to a nonprofit industrial development agency or authority.
(15)
A transfer from a nonprofit industrial development
agency or authority to a grantee purchasing directly from it, but
only if the grantee shall directly use such real estate for the primary
purpose of manufacturing, fabricating, compounding, processing, publishing,
research and development, transportation, energy conservation, energy
production, pollution control, warehousing or agriculture and the
agency or authority has the full ownership interest in the real estate
transferred.
(16)
A transfer by a mortgagor to the holder of a
bona fide mortgage in default in lieu of a foreclosure or a transfer
pursuant to a judicial sale in which the successful bidder is the
bona fide holder of a mortgage, unless the holder assigns the bid
to another person.
(17)
Any transfer between religious organizations
or other bodies or persons holding title for a religious organization
if such real estate is not being or has not been used by such transferor
for commercial purposes.
(18)
A transfer to a conservancy which possesses
a tax exempt status pursuant to Section 501(c)(3) of the Internal
Revenue Code of 1954 [68A Stat. 3, 26 U.S.C.§ 501 (c)(3)]
and which has as its primary purpose preservation of land for historic,
recreational, scenic, agricultural or open space opportunities or
a transfer from such a conservancy to the United States, the commonwealth
or to any of their instrumentalities, agencies or political subdivisions.[2]
(19)
A transfer of real estate devoted to the business
of agriculture to a family farm corporation by a member of the same
family which directly owns at least 75% of each class of the stock
thereof.
(20)
A transfer between members of the same family
of an ownership interest in a real estate company or family farm corporation.
(21)
A transaction wherein the tax due is $1 or less.
(22)
Leases for the production or extraction of coal,
oil, natural gas or minerals and assignments thereof.
B.
In order to exercise any exclusion provided in this
section, the true, full and complete value of the transfer shall be
shown on the statement of value. (A copy of the Pennsylvania Realty
Transfer Tax Statement of Value may be submitted for this purpose.)
For leases of coal, oil, natural gas or minerals, the statement of
value may be limited to an explanation of the reason such document
is not subject to tax under this article.
A.
Except as otherwise provided in § 186-16 hereof, documents which make, confirm or evidence any transfer or demise of title to real estate between associations or corporations and their members, partners, shareholders or stockholders thereof are fully taxable. For the purposes of this article, corporations and associations are entities separate from their members, partners, stockholders or shareholders.
B.
Within 30 days after becoming an acquired company,
the company shall present for recording a declaration of acquisition
with the Recorder of Deeds of Chester County for the purpose of noting
thereon or the affixation thereto of such documentary stamps or evidence
of the payment of this tax as required by law. Such declaration shall
set forth the value of real estate holdings of the acquired company
in Chester County.
A.
Where there is a transfer of a residential property
by a licensed real estate broker, which property was transferred to
him within the preceding year as consideration for the purchase of
other residential property, a credit for the amount of the tax paid
at the time of the transfer to him shall be given to him toward the
amount of the tax due upon the transfer.
B.
Where there is a transfer by a builder of residential
property which was transferred to the builder within the preceding
year as consideration for the purchase of new, previously unoccupied
residential property, a credit for the amount of the tax paid at the
time of the transfer to the builder shall be given to the builder
toward the amount of the tax due upon the transfer.
C.
Where there is a transfer of real estate which is
demised by the grantor, a credit for the amount of tax paid at the
time of the demise shall be given the grantor toward the tax due upon
the transfer. In determining the term of a lease, it shall be presumed
that a right or option to renew or extend a lease will be exercised
if the rental charge to the lessee is fixed or if a method for calculating
the rental charge is established.
D.
Where there is a conveyance by deed of real estate
which was previously sold under a land contract by the grantor, a
credit for the amount of tax paid at the time of the sale shall be
given the grantor toward the tax due upon the deed.
E.
If the tax due upon the transfer is greater than the
credit given under this section, the difference shall be paid. If
the credit allowed is greater than the amount of tax due, no refund
or carry-over credit shall be allowed.
The tax herein imposed shall be fully paid and
have priority out of the proceeds of any judicial sale of real estate
before any other obligation, claim, lien, judgment, estate of costs
of the sale and of the writ upon which the sale is made, and the sheriff
or other officer conducting said sale shall pay the tax herein imposed
out of the first moneys paid to him in connection therewith. If the
proceeds of the sale are insufficient to pay the entire tax herein
imposed, the purchaser shall be liable for the remaining tax.
Where real estate or interest in real estate
lying partially within the boundaries of Tredyffrin Township and partly
without said boundaries is transferred, the tax herein imposed shall
be calculated upon such portion of the value as shall be represented
by the portion of real estate or interest therein lying within the
boundaries of the township as determined by the Realty Transfer Tax
Statement of Value filed with the Recorder of Deeds or, if no such
filing is required, by affidavit of the transferor, or as separately
stated in the document of transfer; provided, however, that such value
shall in no event be less than the highest assessed valuation for
local tax purposes placed upon the real estate or the interest in
the real estate in the assessment of the property within the township.
Every document lodged with or presented to the
Recorder of Deeds of Chester County for recording shall set forth
therein and as part of such document the true, full and complete value
thereof. When the full, complete and actual consideration which is
subject to the tax is not set forth in the document, the person liable
for the tax shall, contemporaneously with the filing of the document,
file with the Recorder of Deeds a Realty Transfer Tax Statement of
Value identical to that promulgated by the Department of Revenue of
the Commonwealth of Pennsylvania or, in the instance of an acquired
company, a Realty Transfer Tax Declaration of Acquisition identical
to that promulgated by the Department of Revenue of the Commonwealth
of Pennsylvania. The provisions of the section shall not apply to
any excludable real estate transfers which are exempt from taxation
based on family relationship.
The tax imposed hereby, including any amount payable to the township based on a redetermination of the amount of tax due by the Commonwealth of Pennsylvania pursuant to § 186-24 hereof, shall be collected by the Recorder of Deeds of Chester County who shall act as agent for the township in the collection of the transfer tax as provided in 16 P.S. § 11011-6, as amended. The tax thus collected shall be payable by the Recorder to the Treasurer of Tredyffrin Township at least monthly or at such other intervals as the township and the Recorder of Deeds shall mutually determine.
The payment of the tax imposed by this article
when received by the Recorder of Deeds shall be evidenced by the affixing
of a documentary stamp or stamps or other evidence of payment as approved
by the Pennsylvania Department of Revenue.
A.
In the event that a determination or redetermination
of transfer tax due is made by the Pennsylvania Department of Revenue
pursuant to Section 1111-C of Act 1986-77, 72 P.S. § 8111-C,
such determination or redetermination shall be deemed to have been
also made by the Manager of Tredyffrin Township, and there shall be
due and owing to the township, as additional transfer tax, the amount
determined or redetermined by the Department to be due the Commonwealth
of Pennsylvania.
B.
Upon redetermination of the amount of realty transfer
tax due by the Commonwealth of Pennsylvania, the Recorder shall re-record
the document only when the transfer tax imposed by this article has
been paid.
The Manager of Tredyffrin Township is hereby
charged with the enforcement of the provisions of this article and
is hereby authorized and empowered to prescribe, adopt and enforce
rules and regulations relating to the registration and notation of
transactions, the collection of transfer taxes, interest and penalties
due hereunder, the prosecution of violations hereunder and any other
matter pertaining to the administration and enforcement of the provisions
of this article; provided, however, that the regulations which have
been promulgated by the Pennsylvania Department of Revenue under 72
P.S. § 1101-C et seq., as the same are from time to time
amended, are incorporated into and made a part of this article and
shall be deemed to have been adopted by the Township Manager.
A.
If for any reason a transfer tax is not paid when
due, interest at the rate of 6% per annum of the amount on the amount
of said tax and additional penalty of 1/2 of 1% of unpaid tax for
each month or fraction thereof during which the tax remains unpaid
shall be added and collected. Where suit is brought for the recovery
of any such tax, the person liable therefor shall, in addition, be
liable for the cost of collection and the interest and penalties herein
imposed.
B.
The transfer tax when due and unpaid, together with
all interest and penalties thereon, shall be a lien in favor of the
township on real estate or interest in the real estate which is described
in the document on which the tax is imposed and upon any other property,
both real and personal, of the person failing to pay the tax due after
said lien has been entered and adopted of record by the Prothonotary
of Chester County in accordance with the Municipal Claims and Tax
Liens Law.
C.
If any part of any underpayment of tax imposed by
this article is due to fraud, there shall be added to the tax an amount
equal to 50% of the underpayment.
D.
The tax imposed by this article shall be collected
and enforced in accordance with the Local Tax Enabling Act. The Township
Solicitor is authorized to pursue any and all remedies available by
law for collection of the tax, and all such remedies shall be cumulative
and not exclusive.
A.
It shall be unlawful for any person to:
(1)
Accept or present for recording or cause to be accepted
or presented for recording any document, without the full amount of
the tax thereon being duly paid; or
(2)
Fail, neglect or refuse to comply with or violate
the provisions of this article or the rules or regulations prescribed,
adopted and promulgated by the Manager under the provisions of this
article.
B.
Any person who violates or permits a violation of
any of the provisions of this section, upon being found liable therefor
in a civil enforcement proceeding, shall pay a fine of not more than
$600, plus all court costs, including reasonable attorney's fees,
incurred by the township in the enforcement of this article. No judgment
shall be imposed until the date of the determination of the violation
by the District Justice and/or Court. If the defendant neither pays
nor timely appeals the judgment, the township may enforce the judgment
pursuant to the applicable rules of civil procedure. Further, the
appropriate officers or agents of the township are hereby authorized
to seek equitable relief, including injunction, to enforce compliance
herewith.[1]
