3.16.030 Payment.

   Any tax imposed pursuant to Section 3.16.020 of this chapter 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. 3 § 1 (part), 1991: prior code § 3.22.030)

3.16.040 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. 3 § 1 (part), 1991: prior code § 3.22.040)

3.16.050 Government and its agencies not liable.

   Pursuant to Revenue and Taxation Code Section 11922, any exempt agency is exempt from tax imposed when the exempt agency is acquiring title.

(Ord. 128 § 1 (part), 1994: Ord. 3 § 1 (part), 1991: prior code § 3.22.050)

3.16.060 Exemptions.

   Exemptions required by Revenue and Taxation Code Sections 11926, 11927, 11928 and 11929 are by reference incorporated in this chapter.

(Ord. 128 § 1 (part), 1994: Ord. 3 § 1 (part), 1991: prior code § 3.22.055)

3.16.070 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 or organization is effected.

   Subsections A to D, inclusive, of this section shall only apply if the making, delivery or filing of instruments of transfer or conveyances occurs within five years from the date of such confirmation, approval or change.

(Ord. 3 § 1 (part), 1991: prior code § 3.22.060)

3.16.080 Tax inapplicable to make effective order of Securities and Exchange Commission.

   Any tax imposed pursuant to this chapter shall not apply to 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:

   A.   The order of the Securities and Exchange Commission in obedience to which such conveyance is made recites that such 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;

   B.   Such order specifies the property which is ordered to be conveyed;

   C.   Such conveyance is made in obedience to such order.

(Ord. 3 § 1 (part), 1991: prior code § 3.22.070)

3.16.090 Partnerships.

   A.   In the case of any realty held by a partnership, no levy shall be imposed pursuant to this chapter by reason of any transfer of an interest in a partnership or otherwise, if:

      1.   Such partnership (or another partnership) is considered a continuing partnership within the meaning of Section 708 of the Internal Revenue Code of 1954; and

      2.   Such continuing partnership continues to hold the realty concerned.

   B.   If there is a termination of any partnership within the meaning of Section 708 of the Internal Revenue Code of 1954, for purposes of this chapter, such partnership shall be treated as having executed an instrument whereby there was conveyed, for fair market value (exclusive of the value of any lien of encumbrances remaining thereon), all realty held by such partnership at the time of such termination.

   C.   Not more than one tax shall be imposed pursuant to this chapter by reason of a termination described in subsection B of this section, and any transfer pursuant thereto, with respect to the realty held by such partnership at the time of such termination.

(Ord. 3 § 1 (part), 1991: prior code § 3.22.080)