Chapter 3.35
REAL PROPERTY DOCUMENTARY TRANSFER TAX

Sections:

   3.35.010   Short title - Adoption

   3.35.020   Imposition - Rates

   3.35.030   Payment

   3.35.040   Tax Inapplicable to Instruments in Writing to Secure Debts

   3.35.050   Government and Its Agencies Not Liable

   3.35.060   Tax Inapplicable to Conveyances to Make Effective Plan of Reorganization or Adjustment

   3.35.070   Tax Inapplicable to Make Effective Order of Securities and Exchange Commission

   3.35.080   Partnerships

   3.35.090   Tax Roll Parcel Number Requirements

   3.35.100   Administration

   3.35.110   Claims for Refund

3.35.010 Short Title - Adoption.

This Chapter shall be known as the “Real Property Transfer Tax Ordinance of the City,” adopted pursuant to the authority contained in Part 6.7 (commencing with Section 11901) of Division 2 of the State Revenue and Taxation Code.

[Ord. No. 461, Section 3, 5/9/07.]

3.35.020 Imposition - Rates.

There is 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 one hundred dollars ($100.00), a tax at the rate of twenty-seven and one-half cents (27.5¢) for each five hundred dollars ($500.00) or fractional part thereof.

[Ord. No. 461, Section 3, 5/9/07.]

3.35.030 Payment.

Any tax imposed pursuant to Section 3.35.020 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.

[Ord. No. 461, Section 3, 5/9/07.]

3.35.040 Tax Inapplicable to Instruments in Writing to Secure Debts.

Any tax imposed pursuant to this Chapter shall not apply to any instrument in writing given to secure a debt.

[Ord. No. 461, Section 3, 5/9/07.]

3.35.050 Government and Its Agencies Not Liable.

Any deed, instrument or writing to which the United States or any agency or instrumentality thereof, or any state or territory or political subdivision thereof, is a party shall be exempt from any tax imposed pursuant to this Chapter when the exempt agency is acquiring title, as provided in Revenue and Taxation Code Section 11922.

[Ord. No. 461, Section 3, 5/9/07.]

3.35.060 Tax Inapplicable to Conveyances to Make Effective Plan of Reorganization or Adjustment.

Any tax imposed pursuant to this Chapter 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 subdivision (m) of Section 205 of Title 11 of the United States Code, as amended; or

   C.   Approved in an equity receivership proceeding in a court involving a corporation, as defined in subdivision (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.

Subdivisions A. through D., inclusive, of this Section shall only apply if the making, delivery or filing of instruments of transfer or conveyances occurs within five (5) years from the date of such confirmation, approval or change.

[Ord. No. 461, Section 3, 5/9/07.]