This article shall be known as the "Realty Transfer
Tax Ordinance of Hellam Township."
A realty transfer tax for general revenue purposes
is hereby imposed upon the transfer of real estate or an interest
in real estate situated within Hellam Township, regardless of where
the documents making the transfer are made, executed or delivered,
or where the actual settlement on such transfer took place as authorized
by Article XI-D, "Local Real Estate Transfer Tax," 72 P.S. § 8101-D
et seq.
[Amended 10-15-2009 by Ord. No. 2009-06]
As used in this article, the words and phrases
defined in 72 P.S. § 8101-C shall have the meanings ascribed
to them in said section.
The United States, the commonwealth or any of
their instrumentalities, agencies or political subdivisions shall
be exempt from payment or 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.
Except as otherwise provided in §
438-6, documents which make, confirm or evidence any transfer or demise of title to real estate between associations or corporations and the members, partners, shareholders or stockholders thereof are fully taxable. For the purposes of this section, corporations and associations are entities separate from their members, partners, stockholders or shareholders.
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.
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
or costs of the sale and of the writ upon which the sale is made except
the state realty transfer tax, and the sheriff, or other officers,
conducting said sale, shall pay the tax herein imposed out of the
first monies 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.
Every document lodged with or presented to the
Recorder of Deeds for recording, shall set forth therein as a part
of such document the true, full and complete value thereof, or shall
be accompanied by a statement of value executed by a responsible person
connected with the transaction showing such connection and setting
forth the true, full and complete value thereof or the reason, if
any, why such document is not subject to tax under this article. A
copy of the Pennsylvania Realty Transfer Tax Statement of Value may
be submitted for this purpose. The provisions of this section shall
not apply to any excludable real estate transfers which are exempt
from taxation based on family relationship. Other documents presented
for the affixation of stamps shall be accompanied by a certified copy
of the document and statement of value executed by a responsible person
connected with the transaction showing such connection and setting
forth the true, full and complete value thereof or the reason, if
any, why such document is not subject to tax under this article.
The tax imposed by this article shall become
a lien upon the lands, tenements or hereditaments, or any interest
therein, lying, being situated, wholly or in part within the boundaries
of Hellam Township, which lands, tenements, hereditaments, or interest
therein, are described in or conveyed by or transferred by the deed
which is the subject of the tax imposed, assessed and levied by this
article, said lien to begin at the time when the tax under this article
is due and payable, and continue until discharged by payment, or in
accordance with the law, and the solicitor is authorized to file a
municipal or tax claim in the Court of Common Pleas of York County,
in accordance with the provisions of the Municipal Claims and Liens
Act of 1923, 53 P.S., § 7101 et seq., its supplements and
amendments.
All taxes imposed by this article, together
with interest and penalties prescribed herein, shall be recoverable
as other debts of like character are recovered.
The Recorder of Deeds is charged with enforcement
and collection of tax and is empowered to promulgate and enforce reasonable
regulations for enforcement and collection of the tax. The regulations
which have been promulgated by the Pennsylvania Department of Revenue
under 72 P.S. § 8101-C et seq. are incorporated into and
made a part of this article, together with any amendments thereto
and substitutions therefor which may be adopted from time to time.
In addition, Hellam Township may, by resolution of the Board of Supervisors,
adopt such additional regulations from time to time as it may deem
necessary.