Chapter 3.32
DOCUMENTARY TRANSFER TAX
Sections:
3.32.010 Short title—Statutory authority.
3.32.020 Administration of provisions.
3.32.040 Party responsible for payment.
3.32.050 Exemption—Instruments to secure debt.
3.32.060 Exemptions—Federal agencies.
3.32.070 Exemptions—Reorganization and adjustment.
3.32.080 Exemptions—Securities and Exchange Commission orders.
3.32.090 Exemptions—Partnerships.
3.32.010 Short title—Statutory authority.
The ordinance codified in this chapter shall be known as the “Documentary Transfer Tax Ordinance of the City of Cloverdale.” 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 of California. (Ord. 684-2012 § 1(b), 2012: Ord. 247 N.S. § 1, 1967)
3.32.020 Administration of provisions.
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. (Ord. 247 N.S. § 9, 1967)
3.32.030 Imposition—Rate.
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, 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 one hundred dollars, a tax at the rate of fifty-five cents for each one thousand dollars or fractional part thereof. (Ord. 684-2012 § 1(c), 2012: Ord. 467-93 § 1, 1993)
3.32.040 Party responsible for payment.
Any tax imposed pursuant to Section 3.32.030 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. (Ord. 247 N.S. § 3, 1967)
3.32.050 Exemption—Instruments to secure debt.
Any tax imposed pursuant to this chapter shall not apply to any instrument in writing given to secure a debt. (Ord. 247 N.S. § 4, 1967)
3.32.060 Exemptions—Federal agencies.
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. (Ord. 247 N.S. § 5, 1967)
3.32.070 Exemptions—Reorganization and adjustment.
A. 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:
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 subdivision (m) of Section 205 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 subdivision (3) of Section 506 of Title 11 of the United States Code, as amended; or
4. Whereby a mere change in identity form or place or organization is effected.
B. Subsections (A)(1) through (4), 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 of change. (Ord. 247 N.S. § 6, 1967)
3.32.080 Exemptions—Securities and Exchange Commission orders.
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
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. (Ord. 247 N.S. § 7, 1967)
3.32.090 Exemptions—Partnerships.
A. 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 interest in a partnership or otherwise, if
1. Such partnership (or another partnership) is considered a continuing partnership within the meaning of Section 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 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.
C. Not more than one tax shall be imposed pursuant to this chapter by reason of a termination described in subsection B and any transfer pursuant thereto, with respect to the realty held by such partnership at the time of such termination. (Ord. 247 N.S. § 8, 1967)
3.32.100 Refund claims.
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 I of the Revenue and Taxation Code. (Ord. 247 N.S. § 10, 1967)
3.32.110 Operative date.
This chapter shall become operative upon the operative date of any ordinance adopted by the county of Sonoma, pursuant to Part 6.7 (commencing with Section 11901) of Division 2 of the Revenue and Taxation Code, or upon the effective date of the ordinance codified in this chapter, whichever is the later. (Ord. 247 N.S. § 11, 1967)
3.32.120 Effective date.
The ordinance codified in this chapter, inasmuch as it provides for a tax levy for the usual and current expenses of the city, shall become operative and effective at 12:01 a.m. on January 1, 1968. (Ord. 247 N.S. § 13, 1967)
3.32.130 Copies filed.
Upon its adoption the city clerk shall file two copies of the ordinance codified in this chapter with the county recorder of Sonoma County. (Ord. 247 N.S. § 12, 1967)