Chapter 3.08
REAL PROPERTY TRANSFER TAX
Sections:
3.08.010 Short title—Authority.
3.08.020 Amount of imposition.
3.08.050 Exemption—Political subdivision.
3.08.060 Exemption—Bankruptcy and receivership.
3.08.070 Exemption—Public utility holding company.
3.08.080 Exemption—Partnership.
3.08.110 Exemption—Marital property.
3.08.010 Short title—Authority.
This chapter shall be known as the “real property transfer tax ordinance of the city of Dinuba.” It is adopted pursuant to Part 6.7 (commencing with Section 11901) of Division 2 of the Revenue and Taxation Code of the state. (Ord. 430 § 1 (part), 1967: prior code § 2611)
3.08.020 Amount of imposition.
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 one hundred dollars, a tax at the rate of twenty-seven and one-half cents for each five hundred dollars or fractional part thereof. (Ord. 430 § 1 (part), 1967: prior code § 2612)
3.08.030 Payment.
The tax imposed by Section 3.08.020 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. (Ord. 430 § 1 (part), 1967: prior code § 2613)
3.08.040 Exemption—Generally.
A. The tax imposed pursuant to this chapter shall not apply to any instrument in writing given to secure a debt.
B. Nor shall it 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 said deed, instrument or writing or stated in an affidavit or declaration under penalty of perjury for tax purposes. (Ord. 96-4 § 1, 1996)
3.08.050 Exemption—Political subdivision.
The United States or any agency or instrumentality thereof, any state or territory or political subdivision thereof or the District of Columbia shall be exempt from any tax imposed pursuant to this chapter when, any one or more of the following apply:
A. The exempt agency is acquiring title; or
B. If the realty is being conveyed by the state of California, any political subdivision thereof, or agency or instrumentality of either thereof, pursuant to any agreement whereby the purchaser agrees immediately to reconvey the realty to the exempt agency; or
C. If the state of California, any political subdivision thereof, or agency or instrumentality of either thereof, conveys to a nonprofit corporation realty the acquisition, construction or improvement of which was financed or refinanced by obligations issued by the nonprofit corporation on behalf of a governmental unit, within the meaning of Section 1.103-1 (b) of the Code of Federal Regulations. (Ord. 96-4 § 2, 1996)
3.08.060 Exemption—Bankruptcy and receivership.
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 which is:
1. Confirmed under the Federal Bankruptcy Act, as amended;
2. Approved in an equity receivership proceedings 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 of organization is effected.
B. Subsections (A) (1) through (A) (4) of this section 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. (Ord. 430 § 1 (part), 1967: prior code § 2616)
3.08.070 Exemption—Public utility holding company.
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 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; and
C. Such conveyance is made in obedience to such order. (Ord. 430 § 1 (part), 1967: prior code § 2617)
3.08.080 Exemption—Partnership.
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 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) of this section and any transfer pursuant thereto, with respect to the realty held by such partnership at the time of such termination. (Ord. 430 § 1 (part), 1967: prior code § 2618)
3.08.090 Administration.
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. 430 § 1 (part), 1967: prior code § 2619)
3.08.100 Refund claims.
Any and all refunds claimed for taxes overpaid or paid more than once, or claimed to have been erroneously or illegally collected or received by the tax administrator pursuant to this chapter, as well as any claim of interest or penalty thereon, shall be subject to the provisions of Chapter 3.28 of this code in all respects. (Ord. 96-4 § 3, 1996)
3.08.110 Exemption—Marital property.
Any tax imposed pursuant to this chapter shall not apply with respect to any deed, .instrument or other writing which purports to transfer, divide or allocate community, quasi-community or quasi-marital property assets between spouses for the purpose of effecting a division of community, quasi-community or quasi-marital property which is required by a judgment decreeing a dissolution of marriage or legal separation, by a judgment of nullity or by any other judgment or order rendered pursuant to the Family Code or by a written agreement between the spouses, executed in contemplation of any such judgment or order whether or not the written agreement is incorporated as part of any of those judgments or orders. In order to qualify for this exemption, the deed, instrument or other writing shall include a written recital, signed by either spouse, stating that the deed, instrument or other writing is entitled to the exemption. (Ord. 96-4 § 4, 1996)