Loading...
It shall be the duty of every retailer liable for the collection and payment to the City of any tax imposed by this article to keep and preserve, for a period of four years, all records as may be necessary to determine the amount of such tax as the retailer may have been liable for the collection of and payment to the City, which records the Clerk shall have the right to inspect at all reasonable times.
(a) Whenever the amount of any tax has been overpaid or paid more than once or has been erroneously or illegally collected or received by the City under this article it may be refunded as provided in this section. Except as otherwise provided in this section, refunds of overpaid taxes shall be made in the same manner as is provided in Sec. 21.07 of this chapter for refunds of overpayments in Business Taxes.
(b) A retailer may claim a refund or take as credit against taxes collected and remitted the amount overpaid, paid more than once or erroneously or illegally collected or received when it is established in a manner prescribed by the Director of Finance that the person from whom the tax has been collected was not a user or consumer as that term is defined in Subsection (b) of Sec. 21.8.1; provided, however, that neither a refund nor a credit shall be allowed unless the amount of the tax so collected has either been refunded to the purchaser erroneously required to pay the tax or otherwise credited to them.
(c) No refund shall be paid under the provisions of this section unless the claimant establishes their right thereto by written records showing entitlement thereto.
Any person using or consuming cigarettes within the City who has not paid the tax required by the provisions of this article, and any retailer who has failed to collect or who has collected but not remitted any tax required to be paid by the provisions of this article, shall be liable to an action brought in the name of the City for the recovery of such amount.
(Added by Ord. No. 132,932, Eff. 9/24/66, Operative 10/1/66;
Amended by Ord. No. 135,540, Eff. 12/16/67, Operative 1/1/68.)
Section
21.9.1 Title.
21.9.2 Tax Imposed.
21.9.3 Persons Liable.
21.9.4 Exemption – Debt Security.
21.9.5 Exemption – Governmental Agencies.
21.9.6 Exemptions – Bankruptcy, Receivership, Etc.
21.9.7 Exemptions – Orders of S.E.C.
21.9.8 Exemption – Certain Partnership Transfers.
21.9.9 Recorder Administers.
21.9.10 Refunds.
21.9.11 Duties of Clerk.
21.9.12 Exemption – Exchanges with the City.
21.9.13 Exemption – Certain Non-profit Corporation Transfers.
21.9.14 Exemption – Qualified Affordable Housing Organization.
21.9.15 Other Exemptions.
21.9.16 Additional Exemptions – City Council Approval.
(Amended by Ord. No. 166,976, Eff. 7/3/91, Oper. 7/1/91.)
This article shall be known as the “Real Property Transfer Tax Ordinance of the City of Los Angeles.” It is adopted pursuant to the authority contained in Part 6.7 (commencing with Section 11901) of Division 2 of the Revenue and Taxation Code of the State of California. It is also enacted under the authority of Subdivision (d) of Subsection (11) of Section 2 of the Los Angeles City Charter and other authority held as a Charter City.
(Amended by Initiative Approved by the Voters on 11/8/22, Ord. No. 187,692, Eff. 1/1/23.)
(a) There is hereby imposed on each deed, instrument or writing by which any lands, tenements, or other realty sold within the City of Los Angeles shall be granted, assigned, transferred or otherwise conveyed to, or vested in, the purchaser or purchasers, or any other person or persons, by the person’s or persons’ direction, when the consideration or value of the interest or property conveyed (exclusive of the value of any lien or encumbrance remaining thereon at the time of sale) exceeds $100.00, a tax at the rate of $2.25 for each $500.00 or fractional part thereof.
(b) In addition to and separate from any tax imposed under Subsection (a) of this section, starting on April 1, 2023, there is hereby imposed a tax known as the “Homelessness and Housing Solutions Tax” on each deed, instrument or writing by which any lands, tenements, or other realty sold within the City of Los Angeles shall be granted, assigned, transferred or otherwise conveyed to, or vested in, the purchaser or purchasers, or any other person or persons, by the person or their direction, when the consideration or value of the interest or property conveyed (including the value of any lien or encumbrance remaining thereon at the time of sale) exceeds:
(1) $5,000,000 but is less than $10,000,000, a tax at the rate of 4% of the consideration or value; or
(2) $10,000,000 or greater, a tax at the rate of 5.5% of the consideration or value.
(c) The Director of Finance for the City of Los Angeles shall adjust the consideration or value thresholds set forth in Subsection (b) of this section adjusted annually based on the Bureau of Labor Statistics Chained Consumer Price Index (C-CPI-U), pursuant to guidelines and procedures the Director of Finance establishes pursuant to Subsection (c) of Section 21.9.11 of this Code.
Any tax imposed pursuant to Sec. 21.9.2 hereof 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.
(Amended by Ord. No. 140,085, Eff. 5/11/70.)
Any deed, instrument or writing to which the United States or any agency or instrumentality thereof, any state or territory, or political subdivision thereof, is a party shall be exempt from the tax imposed pursuant to this article when the exempt agency is acquiring title.
Loading...