Taxes imposed pursuant to this subchapter shall not apply to the following:
(A) Any instrument given to secure a debt.
(B) The United States or any agency or instrumentality thereof, any state or territory, or political subdivision thereof, or the District of Columbia with respect to any deed, instrument, or writing to which it is a party, but the tax shall be collected by assessment, from any other party to such transaction who is liable therefor pursuant to the provisions of this subchapter.
(C) The making, delivering or filing of conveyances to make effective any plan of reorganization or adjustment:
(1) (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;
(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 affected.
(2) Section (1) of this division shall only apply if the making, delivery or filing of instruments of transfer or conveyance occurs within five years from the date of such confirmation, approval or change.
(D) The making or delivery of conveyances to make effective any order of the Securities and Exchange Commission, as defined in subdivision (a) of Section 1083 of the Internal Revenue Code of 1954; but only if:
(1) The order of the Securities and Exchange Commission, in obedience to which the conveyance is made, recites that the conveyance is necessary or appropriate to effectuate the provisions of Section 79k of Title 15 of the United States Code, relating to the Public Utility Holding Company Act of 1935;
(2) The order specifies the property which is ordered to be conveyed; and
(3) The conveyance is made in obedience to the order.
(E) (1) By reason of any transfer of an interest in a partnership or otherwise, if:
(a) Such partnership, or another partnership, is considered a continuing partnership within the meaning of Section 708 of the Internal Revenue Code of 1954; and
(b) Such continuing partnership continues to hold the realty concerned.
(2) If there is a termination of any partnership, within the meaning of Section 708 of the Internal Revenue Code of 1954, for the 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; provided, that not more than one tax shall be imposed pursuant hereto by reason of a termination described in this division, and any transfer pursuant thereto, with respect to the realty by the partnership at the time of the termination.
(F) Any deed, instrument, or writing to a beneficiary or mortgagee, which is taken from the mortgagor or trustor as a result of or in lieu of foreclosure; provided, that the tax shall 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.
(G) 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 which is required by a judgment decreeing a dissolution of the marriage or legal separation, by a judgment of nullity, or by any other judgment or order rendered pursuant to the Family Code, or by a written agreement between the spouses, executed in contemplation of any such judgment or order, whether or not the written agreement is incorporated as part of any of those judgments or orders. In order to qualify for this exemption, the deed, instrument, or other writing shall include a written recital, signed by either spouse, stating that the deed, instrument, or other writing is entitled to the exemption.
(Cal. Rev. & Tax Code § 11927)
(H) Any deed, instrument, or other writing by which realty is conveyed by the State of California, any political subdivision thereof, or agency or instrumentality of either thereof, pursuant to an agreement whereby the purchaser agrees to immediately reconvey the realty to the exempt agency.
(Cal. Rev. & Tax Code § 11928)
(I) Any deed, instrument, or other writing by which the State of California, any political subdivision thereof, or agency or instrumentality of either thereof, conveys to a nonprofit corporation realty the acquisition, construction, or improvement of which was financed or refinanced by obligations issued by the nonprofit corporation on behalf of a governmental unit, within the meaning of Section 1.103-1(b) of Title 26 of the Code of Federal Regulations.
(Cal. Rev. & Tax Code § 11929) ('83 Code, § 3.20.040) (Ord. 845, passed - -82)