CHAPTER 3
REAL PROPERTY TRANSFER TAX
3.3.002 Short Title.
This chapter shall be known as, and for all purposes may be referred to as, the "Documentary Transfer Tax Ordinance of the City of Oakley."
3.3.004 Authority.
This chapter is enacted pursuant to Part 6.7 of Division 2 (Sections 11901 et seq.) of the California Revenue and Taxation Code.
3.3.006 Imposition.
a. Imposition – Subject Documents. A tax is imposed on each deed, instrument or writing by which any lands, tenements, or other realty sold within this City is granted, assigned, transferred, or otherwise conveyed to or vested in purchaser(s) or any other person(s) 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 $100.
b. Imposition – Rate. The rate of this tax is 55¢ for each $1,000, or fractional part thereof, of the consideration or value.
c. Imposition – Payment Liability. 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, shall pay this tax.
3.3.008 Exemptions.
The following exemptions are provided pursuant to Revenue and Taxation Code section 11921 et seq.
a. Exemptions – Debt Security. This tax does not apply to any written instrument to secure a debt.
b. Exemptions – Governmental Bodies. Any deed, instrument or writing to the United States or any agency or any agency or instrumentality thereof, or any state or territory or political subdivision thereof (exempt agencies), is a party and acquiring title thereby shall be exempt from this tax.
c. Exemptions – Bankruptcies.
1) This tax does 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 as amended;
b) Approved in an equity receivership in a court involving a railroad as defined in subdivision (m) of Section 205 of Title 11 of the United States Code, as amended;
c) Approved in an equity receivership in a court involving a corporation, as in subdivision (3) of Section 506 of 11 of the United States Code, as amended;
d) Hereby a mere change in identity, form or place or organization is effected.
2) Subsections (c)(1)(a) through (d) of this section, inclusive, shall apply only if the making, or filing of instruments of transfer or conveyances occurs within five years from the date of such confirmation, approval or change.
d. Exemptions – Securities and Exchange Commission. This tax does 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:
1) The order 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;
2) The order specifies the property to be conveyed; and
3) Such conveyance is made in obedience to the order.
e. Exemptions – Partnerships.
1) This tax does not apply to transfers of interest in realty owned by a continuing partnership within the meaning of Section 708 of the Internal Revenue Code of 1954 if the partnership continues to hold the realty concerned.
2) If there is a termination of any such partnership, it 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 it at the time of such termination.
3) Not more than one such tax shall be imposed by reason of such a termination and any transfer pursuant thereto, with respect to the realty held by such partnership at the time of such termination.
3.3.010 Administration.
a. Administration Recorder Responsibility. The County Recorder shall administer this chapter.
b. Administration – Refunds. Claims for refunds of these taxes shall be governed by the provisions of Revenue and Taxation Code commencing with Section 5096 thereof. No refund under this chapter shall be made, except on a claim verified by the person who paid the tax, his or her guardian, executor or administrator. Only the person who paid the tax, his or her guardian, conservator, executor or administrator may bring an action against the City to recover any tax, penalty or interest paid pursuant to this chapter which the City has refused to refund. No other person may bring such an action for such a refund; but if another should do so, judgment shall not be rendered for the plaintiff.
3.3.012 Enforcement.
a. Enforcement – Violations. Any person who makes, signs, issues or accepts or causes to be made, signed, issued or accepted, or who submits or causes to be submitted for recordation, any deed, instrument or writing to this tax, and makes any material misrepresentation of fact for the purpose of avoiding all or any part of this tax shall be guilty of a misdemeanor.
b. Enforcement – Unintentional Errors. No person shall be liable, either civilly or criminally for any unintentional error made in the location of the lands, tenements or other realty described in a document subject to this tax.