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This chapter imposes a tax on each deed, instrument or writing by which any lands, tenements, or other realty sold within the County of San Diego 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 encumbrance remaining thereon at the time of sale) exceeds $100. The tax shall be at the rate of 55 cents for each $500 or fractional part thereof.
(Amended by Ord. No. 9889 (N.S.), effective 10-26-07)
The tax imposed by Section 22.302 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. 9889 (N.S.), effective 10-26-07)
The tax imposed pursuant to this chapter shall not apply to any instrument in writing given to secure a debt. Any tax imposed pursuant to this chapter shall not apply with respect to 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 such 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.
(Amended by Ord. No. 4220 (N.S.), effective 1-17-74; amended by Ord. No. 4479 (N.S.), effective 4-3-75; amended by Ord. No. 9889 (N.S.), effective 10-26-07)
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 any tax imposed pursuant to this chapter when the exempt agency is acquiring title.
(Amended by Ord. No. 3475 (N.S.), effective 3-26-70; amended by Ord. No. 9889 (N.S.), effective 10-26-07)
(a) The 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 that is any of the following:
(1) Confirmed under the Federal Bankruptcy Act, as amended;
(2) Approved in an equity receivership proceeding in a court involving a railroad corporation, as defined in section 101 of Title 11 of the United States Code, as amended;
(3) Approved in an equity receivership proceeding in a court involving a corporation, as defined in section 101 of Title 11 of the United States Code, as amended;
(4) Whereby a mere change in identity, form or place of organization is effected.
(b) Subdivision (a) shall only apply if the making, delivery or filing of instruments of transfer or conveyances occurs within five years from the date of the confirmation approval or change.
(Amended by Ord. No. 9889 (N.S.), effective 10-26-07; amended by Ord. No. 10511 (N.S.), effective 1-4-18)
The 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 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 Utilities Holding Company Act of 1935;
(b) The order specifies the property which is ordered to be conveyed;
(c) The conveyance is made in obedience to the order.
(Amended by Ord. No. 9889 (N.S.), effective 10-26-07)
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