Chapter 3.12
REAL PROPERTY TRANSFER TAX
Sections:
3.12.040 Securing debt exempt.
3.12.050 Governmental agencies exempt.
3.12.060 Reorganization or adjustment exempt.
3.12.070 Securities and Exchange Commission orders exempt.
3.12.010 Short title.
This chapter shall be known as the “real property transfer tax law of the City of Elk Grove.” 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. 7-2009 §3, eff. 5-1-2009; Ord. 2000-6 §2(1), eff. 7-1-2000]
3.12.020 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, 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 One Hundred and no/100ths ($100.00) Dollars a tax at the rate of Twenty-Seven and One-Half Cents ($0.275) for each Five Hundred and no/100ths ($500.00) Dollars, or fractional part thereof. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-6 §2(2), eff. 7-1-2000]
3.12.030 Paid by whom.
Any tax imposed pursuant to this chapter 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. 7-2009 §3, eff. 5-1-2009; Ord. 2000-6 §2(3), eff. 7-1-2000]
3.12.040 Securing debt exempt.
Any tax imposed pursuant to this chapter shall not apply to any instrument in writing given to secure a debt. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-6 §2(4), eff. 7-1-2000]
3.12.050 Governmental agencies exempt.
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. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-6 §2(5), eff. 7-1-2000]
3.12.060 Reorganization or adjustment exempt.
A. Any tax imposed pursuant to this chapter shall not apply to making, delivering or filing of conveyances to make effective any plan of organization 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 of organization is effected.
B. The provisions of this section shall only apply if the making, delivery or filing of instruments of transfer or conveyances occurs within five (5) years from the date of such confirmation, approval or change. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-6 §2(6), eff. 7-1-2000]
3.12.070 Securities and Exchange Commission orders exempt.
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; and
C. Such conveyance is made in obedience to such order. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-6 §2(7), eff. 7-1-2000]
3.12.080 Partnerships exempt.
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 an 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 the 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 thereof), all realty held by such partnership at the time of such termination.
C. No more than one (1) 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. 7-2009 §3, eff. 5-1-2009; Ord. 2000-6 §2(8), eff. 7-1-2000]
3.12.090 Administration.
The Finance Director shall transmit all appropriate materials to the Sacramento County Clerk-Recorder who 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 City ordinance adopted pursuant thereto. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-6 §2(9), eff. 7-1-2000]
3.12.100 Claims for refund.
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 State Revenue and Taxation Code. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-6 §2(10), eff. 7-1-2000]
3.12.110 Appeal.
Any person aggrieved by any decision of the City with respect to the amount of such tax, fee, interest and penalties owed the City, if any, may appeal to the City by filing a notice of appeal pursuant to EGMC Chapter 1.18. [Ord. 5-2011 §7, 3-11-2011]