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(1) Where there is a transfer of a residential property by a licensed real estate broker which property was transferred to him within the preceding year as consideration for the purchase of other residential property, a credit for the amount of the tax paid at the time of the transfer to him shall be given to him toward the amount of the tax due upon the transfer.
(2) Where there is a transfer by a builder of residential property which was transferred to the builder within the preceding year as consideration for the purchase of new, previously unoccupied residential property, a credit for the amount of the tax paid at the time of the transfer to the builder shall be given to the builder toward the amount of the tax due upon the transfer.
(3) Where there is a transfer of real estate which is demised by the grantor, a credit for the amount of tax paid at the time of the demise shall be given the grantor toward the tax due upon the transfer.
(4) Where there is a conveyance by deed of real estate which was previously sold under a land contract by the grantor, a credit for the amount of tax paid at the time of the sale shall be given the grantor toward the tax due upon the deed.
(5) If the tax due upon the transfer is greater than the credit given under this Section, the difference shall be paid. If the credit allowed is greater than the amount of tax due, no refund or carryover credit shall be allowed.
Every document lodged with or presented to the recorder of deeds for recording, shall set forth therein and 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 Chapter. The provisions of this subsection 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 Chapter.
(1) If any part of any underpayment of tax imposed by this Chapter is due to conduct prescribed by subsections 19-1416(1)(b), and (d) - (h), there shall be added to the tax an amount equal to fifty percent (50%) of the underpayment.
(2) In the case of failure to record a Certificate of Transfer required under this Chapter on the date prescribed therefor, unless it is shown that such failure is due to reasonable cause, there shall be added to the tax five percent (5%) of the amount of such tax if the failure is for not more than one month, with an additional five percent (5%) for each additional month or fraction thereof during which such failure continues, not exceeding fifty percent (50%) in the aggregate.
Notes
| 295 | The provisions of this Section "shall not take effect until such time as the City is authorized to impose such penalties by the laws of the Commonwealth of Pennsylvania."1987 Ordinances, p. 606. |
In addition to the penalties or enforcement proceedings provided for in Chapter 19-500 of this Title, all taxes imposed by this ordinance together with penalties prescribed herein, shall be recoverable as other debts of like character are recovered.
(1) The payment of the tax imposed by this Chapter shall be evidenced by the affixing of a documentary stamp or stamps to every document by the person making, executing, issuing or delivering such document regardless of the situs of the actual making, executing, issuing or delivering of such document.
(2) Such stamps shall be affixed in such manner that their removal will require the continued application of steam or water and the person using or affixing such stamps shall cause such stamps to be cancelled in such manner that they may not be used again, either:
(a) by writing or stamping or by causing to be written or stamped thereon the initials of his name and the date upon which such stamps are affixed or used; or
(b) by complying with such other method of cancellation as the Department may prescribe.
(1) The Department shall prepare and furnish adhesive stamps of such denominations and in such quantities as may be necessary for the payment of the tax imposed, and shall make provisions for the sale of such stamps in such places as it may deem necessary.
(2) The Department may designate the Commissioner of Records, or any other persons within or without the City, as its agents for the sale of stamps to be used in paying the tax [herein imposed upon documents and may allow a commission to such] 296 agents of one-half of one percent (0.5%) of the face value of the stamps where such agents are not receiving other compensation from the City.
(3) The Department is charged with the enforcement of this Chapter and is authorized and empowered to prescribe, adopt, promulgate, and enforce regulations relating to:
(a) the method to be used in affixing or cancelling of stamps in substitution for, or in addition to, the method and means provided in this Chapter;
(b) the denominations and sale of stamps;
(c) any other matter or thing pertaining to the administration and enforcement of this Chapter.
Notes
| 296 | Enrolled bill (1987 Ordinances, p. 606) omitted the bracketed material, which appeared in repealed subsection 19-1706(2) of prior realty transfer tax Chapter. |
(1) No document shall be recorded in the office of the Commissioner of Records unless a documentary stamp or stamps shall have been affixed thereto as provided in this Chapter.
(2) Every document upon which a tax is imposed by this Chapter, when lodged with or presented to the Commissioner of Records, shall set forth therein and as a part of such document the true, full and complete value thereof, or shall be accompanied by an affidavit executed by a responsible person connected with the transaction, showing such connection and setting forth the true, full and complete value thereof.
(1) No person shall:
(a) make, execute, issue, deliver or accept, or cause to be made, executed, issued, delivered or accepted any document without the full amount of tax thereon being duly paid; or
(c) fail, neglect, or refuse to comply with, or otherwise violate, the regulations prescribed, adopted, and promulgated by the Department under the provisions of this Chapter; or
(d) fraudulently cut, tear, or remove from a document any documentary stamp; or
(e) fraudulently affix to any document upon which a tax is imposed by this Chapter any documentary stamp which has been cut, torn, or removed from any other document upon which a tax is imposed by this Chapter or any documentary stamp of insufficient value, or any forged or counterfeited stamp, or any impression of any forged or counterfeited stamp, die, plate or other article; or
(f) willfully remove or alter the cancellation marks of any documentary stamp, or restore any such documentary stamp with intent to use or to cause the same to be used after it has already been used, or knowingly buy, sell, offer for sale, or give away any such altered or restored stamp to any person for use, or knowingly use the same; or
(g) knowingly have in his possession any altered or restored documentary stamp which has been removed from any document upon which tax is imposed by this Chapter, and the possession of such stamp shall be prima facie evidence of an intent to violate this clause; or
(h) knowingly or willfully prepare, keep, sell, offer for sale or have in his possession any forged or counterfeited documentary stamps.
Notes
| 297 | Enrolled bill did not contain "or". |
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