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(a) In the case of any realty held by a partnership, no tax shall be imposed pursuant to this Chapter by reason of any transfer of an interest in the partnership or otherwise, if:
(1) Such partnership (or other partnership) is considered a continuing partnership within the meaning of § 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 § 708 of the Internal Revenue Code of 1954, for purposes of this Chapter, such partnership shall be treated as having executed all instruments whereby there was conveyed, for fair market value (exclusive of the value of any lien or encumbrance 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 Subdivision (b), and any transfer pursuant thereto, with respect to the realty held by such partnership at the time of such termination.
(Ord. 1394, passed - -1967)
If the legislative body of any city in the County imposes a tax pursuant to Revenue and Taxation Code Part 6.7 of Division 2 equal to one-half the amount specified in § 14.0302 of this Chapter, a credit shall be granted against the taxes due under this Chapter in the amount of the city’s tax.
(Ord. 1394, passed - -1967)
The County Recorder shall administer this Chapter and shall also administer any ordinance adopted by any city in the County pursuant to Revenue and Taxation Code §§ 11901 et seq. imposing a tax for which a credit is allowed by this Chapter.
On or before the fifteenth day of the month, the Recorder shall report to the County Auditor the amounts of taxes collected on documents recorded during the preceding month pursuant to this Chapter and each such city ordinance. The Auditor shall allocate and distribute monthly said taxes as follows:
(1) All moneys which relate to transfers of real property located in the unincorporated territory of the County shall be allocated to the County.
(2) All moneys which relate to transfers of real property located in a city in the County which has imposed a tax pursuant to said Part 6.7 shall be allocated one-half to such city and one-half to the County.
(3) All moneys which relate to transfers of real property located in a city in the County which imposes a tax on transfers of real property not in conformity with said Part 6.7 shall be allocated to the County.
(4) All moneys which relate to transfers of real property in a city in the County which does not impose a tax on transfers of real property shall be allocated to the County.
(Ord. 1394, passed - -1967; Am. Ord. 1430, passed - -1968)
The Recorder shall not record any deed, instrument or writing subject to the tax imposed by this Chapter unless the tax described in § 14.0310 is paid in the amount of the tax due under this Chapter. If the party submitting the document for recordation so requests, the amount of tax due under this Chapter shall be shown on a separate paper which shall be affixed to the document by the Recorder after the permanent record is made and before the original is returned as specified in Government Code § 27321.
Every document subject to tax hereunder which is submitted for recordation, shall show on the face of the document or in a separate document the amount of taxes due under this Chapter and the Recorder may rely thereon.
Every document subject to tax hereunder which is submitted for recordation, shall show on the face of the document, or in a separate document, the location of the lands, tenements or other realty described in the document. If said lands, tenements or other realty are located within a city in the County, the name of the city shall be set forth. If said lands, tenements or other realty are located in the unincorporated area of the County, that fact shall be set forth.
(Ord. 1394, passed - -1967; Am. Ord. 1430, passed - -1968)
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