Chapter 3.24
REAL PROPERTY TRANSFER TAX
Sections:
3.24.050 Securing debt exempt.
3.24.060 Governmental agencies exempt.
3.24.070 Reorganizations or adjustments exempt.
3.24.080 Securities and Exchange Commission conveyances exempt.
3.24.090 Realty partnerships exempt.
3.24.100 Adhesive stamps defined—Purchase—Sale, proceeds disposition.
3.24.110 Administration—Tax allocation and distribution.
3.24.150 Interpretation of provisions.
3.24.160 Recorder’s action for nonpayment.
3.24.170 Violation a misdemeanor.
3.24.010 Title.
This chapter shall be known as the “Real Property Transfer Tax Ordinance of the city of Patterson.” It is adopted pursuant to Part 6.7, commencing with Section 11901, of Division 2 of the Revenue and Taxation Code. (Ord. 193 § 1, 1967).
3.24.020 Operative date.
This chapter shall become operative at 12:01 a.m. on January 1, 1968. (Ord. 193 § 3, 1967).
3.24.030 Imposed—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 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 fifty-five cents for each five hundred dollars or fractional part thereof. (Ord. 193 § 2, 1967).
3.24.040 Paid by whom.
The tax imposed by Section 3.24.030 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. 193 § 2-1, 1967).
3.24.050 Securing debt exempt.
The tax imposed pursuant to this chapter shall not apply to any instrument in writing given to secure a debt. (Ord. 193 § 2-2, 1967).
3.24.060 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. 193 § 2-3, 1967).
3.24.070 Reorganizations or adjustments exempt.
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:
A. Confirmed under the Federal Bankruptcy Act, as amended;
B. 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;
C. 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
D. Whereby a mere change in identity, form or place of organization is effected.
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. (Ord. 193 § 2-4, 1967).
3.24.080 Securities and Exchange Commission conveyances exempt.
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. 193 § 2-5, 1967).
3.24.090 Realty partnerships exempt.
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 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 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. 193 § 2-6, 1967).
3.24.100 Adhesive stamps defined—Purchase—Sale, proceeds disposition.
A. The county recorder shall purchase from the State Board of Equalization adhesive stamps in suitable denominations to be affixed to the deeds, instruments, and writings subject to tax pursuant to this chapter.
B. Any person may purchase adhesive stamps from the county recorder. The recorder shall deposit the proceeds from the sale of stamps in the county treasury within the time and in the manner prescribed by law.
C. The recorder shall repurchase any unused adhesive stamps sold by him pursuant to this chapter. As used in this chapter “adhesive stamps” means any indicia of the tax imposed pursuant to this chapter which is authorized by law and furnished by the State Board of Equalization. (Ord. 193 § 2-7, 1967).
3.24.110 Administration—Tax allocation and distribution.
A. The county recorder shall administer this chapter.
B. On or before the fifteenth day of the month the recorder shall report to the county auditor the amounts of taxes represented by stamps affixed to documents recorded during the preceding month pursuant to this chapter. The auditor shall allocate and distribute monthly the taxes as follows: All moneys which relate to transfers of real property located in the city shall be allocated one-half to such city and one-half to the county. (Ord. 193 § 2-8, 1967).
3.24.120 Recordation.
A. The recorder shall not record any deed, instrument or writing subject to the tax imposed by this chapter unless the stamps described in Section 3.24.100 are affixed thereto having a face value equal to the total amount of the tax due under this chapter. If the party submitting the document for recordation so requests, stamps having face value equal to the total amount of tax due under this chapter may be deposited with the recorder and shall be affixed to the document by the recorder after the permanent record is made and before the original is returned as specified in Section 27321 of the Government Code.
B. Every document subject to tax hereunder which is submitted for recordation shall show on the face of the document or in a separate document the amount of taxes due under this chapter and the recorder may rely thereon.
C. Every document subject to tax hereunder which is submitted for recordation shall show on the face of the document or in a separate document the location of the lands, tenements or other realty described in the document. If the lands, tenements or other realty are located within a city in the county, the name of the city shall be set forth. If the lands, tenements or other realty are located in the unincorporated area of the county, that fact shall be set forth. (Ord. 193 § 2-9, 1967).
3.24.130 Stamp cancellation.
The recorder shall cancel the stamps affixed to any documents by printing or stamping thereon the date of affixation or recordation. (Ord. 193 § 2-10, 1967).
3.24.140 Refunds.
Claims for refunds 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. (Ord. 193 § 2-11, 1967).
3.24.150 Interpretation of provisions.
In the administration of this chapter the recorder shall interpret its provisions consistently with those Documentary Stamp Tax Regulations adopted by the Internal Revenue Service of the United States Treasury Department which relate to the Tax on Conveyances and identified as Section 47.4361-1, 47.4361-2 and 47.4362-1 of Part 47 of Title 26 of the Code of Federal Regulations, as the same existed on November 8, 1967, except that for the purposes of this chapter, the determination of what constitutes “realty” shall be determined by the definition or scope of that term under state law. (Ord. 193 § 2-12, 1967).
3.24.160 Recorder’s action for nonpayment.
Whenever the county recorder has reason to believe that the full amount of tax due under this chapter has not been paid, he may, by notice served upon any person liable therefor, require him to furnish a true copy of his records relevant to the amount of the consideration or value of the interest or property conveyed. (Ord. 193 § 2-13, 1967).
3.24.170 Violation a misdemeanor.
Any person or persons who makes, signs, issues or accepts or causes to be made, signed, issued or accepted and who submits or causes to be submitted for recordation any deed, instrument or writing subject to the tax imposed by this chapter and makes any material misrepresentation of fact for the purpose of avoiding all or any part of the tax imposed by this chapter is guilty of a misdemeanor. (Ord. 193 § 2-14, 1967).