Chapter 3.16
PROPERTY TRANSFER TAX
Sections:
3.16.040 Exemptions – Debt security.
3.16.050 Exemptions – Certain agencies and political bodies.
3.16.060 Exemptions – Conveyances effecting reorganization or readjustment – Restrictions.
3.16.080 Exemptions – Transfer of interest in a partnership – Restrictions.
3.16.090 Termination of any partnership – Taxing procedure.
3.16.100 Termination of any partnership – Not more than one tax to be imposed.
3.16.110 County recorder designated administrator.
3.16.120 Claims for refund governed by state code.
3.16.010 Title – Authority.
The ordinance codified in this chapter shall be known as the real property transfer tax ordinance of the city of Bell Gardens. It is adopted pursuant to the authority contained in Part 6.7 (commencing with Section 11901) of Division 2 of the Revenue and Taxation Code of the state. (Prior code § 6900(1)).
3.16.020 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 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 $100.00, a tax at the rate of $0.275 for each $500.00 or fractional part thereof. (Prior code § 6900(2)).
3.16.030 Payment liability.
Any tax imposed pursuant to BGMC 3.16.020 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. (Prior code § 6900(3)).
3.16.040 Exemptions – Debt security.
Any tax imposed pursuant to this chapter shall not apply to any instrument in writing given to secure a debt. (Prior code § 6900(4)).
3.16.050 Exemptions – Certain agencies and political bodies.
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 therefor. (Prior code § 6900(5)).
3.16.060 Exemptions – Conveyances effecting reorganization or readjustment – Restrictions.
Any tax imposed pursuant to this chapter shall not apply to the making, delivering, or filing of conveyances to make effective any plan or reorganization or adjustment which:
A. Has been confirmed under the Federal Bankruptcy Act, as amended;
B. Has been approved in any equity receivership proceeding in a court involving a railroad corporation, as defined in subdivision (m) of Section 205 Title 11 of the United States Code, as amended;
C. Has approved in 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. Effects a mere change in identity, form, or place of organization.
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. (Prior code § 6900(6)).
3.16.070 Exemptions – Conveyances effecting order of Securities and Exchange Commission – Restrictions.
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 the following restrictions are met:
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. (Prior code § 6900(7)).
3.16.080 Exemptions – Transfer of interest in a partnership – Restrictions.
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 any interest in a partnership or otherwise, if:
A. Such partnership (or another partnership) is considered a continuing partnership within the meaning of Section 708 of the Internal Revenue Code of 1954; and
B. Such continuing partnership continues to hold the realty concerned. (Prior code § 6900(8)(a)).
3.16.090 Termination of any partnership – Taxing procedure.
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 or encumbrance remaining thereon), all realty held by such partnership at the time of such termination. (Prior code § 6900(8)(b)).
3.16.100 Termination of any partnership – Not more than one tax to be imposed.
Not more than one tax shall be imposed pursuant to this chapter by reason of a termination described in BGMC 3.16.090, and any transfer pursuant thereto, with respect to the realty held by such partnership at the time of such termination. (Prior code § 6900(8)(c)).
3.16.110 County recorder designated administrator.
The county recorder shall administer this chapter in conformity with the provisions of Part 6.7 of Division 2 of the Revenue and Taxation Code and the provisions of any county ordinance adopted pursuant thereto. (Prior code § 6900(9)).
3.16.120 Claims for refund governed by state code.
Claims for refund of taxes imposed pursuant to this chapter shall be governed by the provisions of Chapter 5 (commencing with Section 5096) of Part 9 of Division 1 of the Revenue and Taxation Code of the state. (Prior code § 6900(10)).
3.16.130 Effective date.
The ordinance codified in this chapter shall become operative upon the operative date of any ordinance adopted by the county of Los Angeles, pursuant to Part 6.7 (commencing with Section 11901) of Division 2 of the Revenue and Taxation Code of the state, or upon the effective date of the ordinance codified in this chapter, whichever is the later. (Prior code § 6900(11)).