(A) Title for citation. This section shall be known as the "Real Property Transfer Tax Article of the City of San Joaquin". It is adopted pursuant to the authority contained in Cal. Revenue and Taxation Code Part 6.7 (commencing with § 11901) of Division 2.
(1994 Code, § 3.08.010)
(B) Tax imposed. There is imposed on each deed, instrument or writing by which any lands, tenements or other realty sold within the city 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 her or their direction, when the consideration or value of the interest or property conveyed (exclusive of the value of any lien or encumbrances remaining thereon at the time of sale) exceeds $100, a tax at the rate of $0.27-1/2 for each $500 or fractional part thereof.
(1994 Code, § 3.08.020)
(C) Tax not applicable when. Any tax imposed pursuant to this section shall not apply to any instrument in writing given to secure a debt:
(1) 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 11 U.S.C. § 205(m), as amended;
(c) Approved in an equity receivership; proceeding in a court involving a corporation, as defined in 11 U.S.C. § 506(3), as amended; or
(d) Whereby a mere change in identity, form or place of organization is effected.
(2) Divisions (C)(1)(a) through (d) 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 the confirmation, approval or change.
(3) 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 Commissions, as defined in I.R.C. § 1083(a) 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 15 U.S.C. § 79k, relating to the Public Utility Holding Company Act of 1935;
(b) The order specifics the property which is ordered to be conveyed; and
(c) The conveyance is made in obedience to the order.
(4) In the ease of any realty held by a partnership, no levy shall be imposed pursuant to this section by reason of any transfer of an interest in a partnership or otherwise, if:
(a) The partnership (or another partnership) is considered a continuing a partnership within the meaning of I.R.C. § 708 of 1954; and
(b) The continuing partnership continues to hold the realty concerned.
(5) If there is a termination of any partnership within the meaning of I.R.C. § 708 of 1954 for purposes of this chapter, the partnership shall be treated as having executed an instrument whereby there was conveyed, for fair market value (exclusive of the value of any lien or encumbrance remaining thereon), all realty held by the partnership at the time of the termination; and
(6) Not more than one tax shall be imposed pursuant to this section by reason of a termination described in division (C)(5) of this division, and any transfer pursuant to thereto, with respect to the realty held by the partnership at the time of the termination.
(1994 Code, § 3.16.030)
(D) Payment of tax. Any tax imposed pursuant to division (B) of this section 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.
(1994 Code, § 3.16.040)
(E) Liability. The United States or any agency or instrumentality thereof, any state or territory, or political subdivision thereof, or the District of Columbia shall not be liable for any tax imposed pursuant to this chapter with respect to any deed, instrument or writing to which it is a party, but the tax may be collected by assessment from any other party liable therefore.
(1994 Code, § 3.16.050)
(F) Chapter administration. The County Recorder shall administer this chapter in conformity with the provisions of Cal. Revenue and Taxation Code Part 6.7 of Division 2 of the and the provisions of any county ordinance adopted pursuant thereto.
(1994 Code, § 3.16.060)
(G) Provisions for refund of taxes. Claims for refund of taxes imposed pursuant to this chapter shall be governed by the provisions of Cal. Revenue and Taxation Code Chapter 5 (commencing with § 5096) of Part 9 of Division I.
(1994 Code, § 3.16.070)