[Adopted 1-3-1966 by Ord. No. 83; amended
in its entirety 8-15-1977 by Ord. No. 128]
This article shall be known and may be cited
as the “Real Estate Transfer Tax Ordinance of the Borough of
Silverdale."
A.
ASSOCIATION
COLLECTOR
CORPORATION
DEED
(1)
(2)
(3)
INTEREST
PERSON
TRANSFER
VALUE
The following words, when used in this article, shall
have the meanings hereby ascribed thereto, except where the context
clearly indicates otherwise:
A partnership, limited partnership, or other form of unincorporated
enterprise owned by two or more persons.
The Recorder of Deeds of Bucks County, Pennsylvania; provided,
however, that if the Recorder of Deeds of Bucks County cannot be lawfully
required to serve and does not voluntarily serve or cannot be lawfully
appointed, then such other person as shall lawfully be appointed by
the Council of the Borough of Silverdale.
A cooperative, joint-stock association or corporation.
A contract, agreement, document, deed, decree, order, instrument
or writing whereby any lands, tenements, or hereditaments, or any
interest therein, shall be alienated, granted, bargained, sold, transferred,
conveyed, assigned, released or otherwise disposed of to any person;
excepting, however:
Transfers between husband and wife and transfers
between parent and child or the spouse of such child;
Leases, agreements of sale, or mortgages and
transfers by will, testamentary writings or by the intestate laws
of the Commonwealth of Pennsylvania; and
Such other transfers as are beyond the legal
taxing authority of the Borough as enumerated in the Local Tax Enabling
Act of 1965.[1]
The vested or contingent title, right, privilege, power,
benefit or advantage accruing to any person as the result of any transaction.
A natural person, association or corporation, including such
persons, associations and corporations when acting in a representative
or fiduciary capacity. Whenever used in any clause prescribing or
imposing a penalty, or both, the term "person" shall include the partners
in a partnership or limited partnership, the members of an unincorporated
enterprise, or the officers of a corporation.
The transfer of real property by deed, as herein defined,
or of any interest in real property, situate wholly or partly within
the Borough of Silverdale, regardless of where the instrument making
the transfer is made, executed or delivered or where the actual settlement
of such transfer takes place.
The actual pecuniary worth of any interest which constitutes
the subject matter of a transfer at the time the said transfer is
consummated. Any actual monetary consideration for transaction shall
be prima facie, but not conclusive, evidence of actual pecuniary worth
or value and shall be construed to include any sums of cash or articles
of value agreed to be paid or exchanged, the face value of all mortgages,
notes, judgments, liens or encumbrances given in connection with the
transaction, together with any other evidence of indebtedness or promises,
whether oral or written, given as full or part consideration for the
transaction; provided that the value shall in no event be less than
the amount subject to the state tax on transfers of real estate.
[1]
Editor's Note: See 53 P.S. § 6901
et seq.
B.
In this article, the singular shall include the plural,
the plural shall include the singular, and the masculine shall include
the feminine and the neuter.
There is hereby levied and assessed upon every
transfer a tax at the rate of 1% of the total value, or fraction thereof,
of any interest which constitutes the subject matter of a transfer;
provided that, where any lands, tenements, or hereditaments, or any
interest therein, are located partly within and partly without the
boundaries of the Borough of Silverdale, said tax is levied and assessed
only upon the value of that portion of such lands, tenements or hereditaments,
or interest therein, which lies within the boundaries of the Borough
of Silverdale.
The tax levied by this article shall be due
and payable and shall be paid by the grantor or transferor named in
the deed at the time of delivery of such deed.
The payment of the tax imposed by this article
shall be evidenced by the collector on the deed prior to its recording.
The Borough Secretary, or his agent, shall be
responsible for the enforcement of the provisions of this article
and is hereby authorized and empowered to prescribe, adopt and enforce
rules and regulations necessary for the administration and enforcement
of the provisions of this article.
The collector, as compensation for the collection
of the tax, shall receive a commission of 2% of the amount of tax
collected by him.
Every deed relating to any transfer taxable
under this article, when lodged with or presented to the collector,
shall set forth therein and as part of such deed the true, full, complete
and actual value thereof or shall be accompanied by either a certificate
by an attorney at law or by an affidavit executed by a responsible
person connected with the transaction showing such connection and
setting forth the true, full, complete and actual value thereof.
All taxes imposed by this article not paid when
due shall bear interest from the due date at the rate of 0.5% per
month until paid.
The real estate transfer tax, together with
interest from the due date, may be recovered as other debts of like
character are recovered.
The real estate transfer tax shall, when due
and unpaid, become a lien upon all lands, tenements or hereditaments,
or any interest therein, lying within the limits of the Borough, which
lands, tenements, hereditaments, or interest therein, are the subject
matter of a transfer, said lien to commence at the time when the tax
imposed hereunder is due and payable and to continue until discharged
by payment in accordance with law.
Any person who shall violate any provision of
this article shall, for each and every offense, be sentenced to pay
a fine of not more than $600, and costs of prosecution, or, in default
of payment of such fine and costs, to undergo imprisonment for not
more than 30 days.
