Chapter 3.35
REAL PROPERTY TRANSFER TAX
Sections:
3.35.040 Exemption – Instrument to secure a debt.
3.35.050 Exemption – Certain governmental instrumentalities.
3.35.060 Certain reorganizations.
3.35.080 Certain realty held by a partnership.
3.35.100 Claim for refund procedure.
3.35.010 Title.
This chapter shall be known as the "real property transfer tax ordinance of the City of Santa Clara." It is adopted pursuant to the authority contained in Division 2, Part 6.7 (commencing with Section 11901) of the Revenue and Taxation Code of the State of California. (Ord. 1178 § 1, 12-5-67. Formerly § 27-54).
3.35.020 Tax imposed.
There is hereby imposed on each deed, instrument or writing by which any lands, tenements, or other realty sold within the city of Santa Clara 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 dollars ($100.00), a tax at the rate of twenty seven and one-half cents ($0.275) for each five hundred dollars ($500.00 or) fractional part thereof. (Ord. 1178 § 1, 12-5-67. Formerly § 27-55).
3.35.030 Taxpayer.
Any tax imposed pursuant to SCCC 3.35.020 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. 1178 § 1, 12-5-67. Formerly § 27-56).
3.35.040 Exemption – Instrument to secure a debt.
Any tax imposed pursuant to this chapter shall not apply to any instrument in writing given to secure a debt. (Ord. 1178 § 1, 12-5-67. Formerly § 27-57).
3.35.050 Exemption – Certain governmental instrumentalities.
Any deed, instrument or writing to which the United States or any agency or instrumentality thereof; any state or territory, or political subdivision thereof; or the District of Columbia is a party shall be exempt from any tax imposed pursuant to this chapter when the exempt entity of government is acquiring title. (Ord. 1178 § 1, 12-5-67; Ord. 1223 § 1, 1-6-70. Formerly § 27-58).
3.35.060 Certain reorganizations.
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:
(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 Title 11, Section 1171, Subdivision (m) of the United States Code, as amended;
(c) Approved in an equity receivership proceeding in a court involving a corporation, as defined in Title 11, Section 506, Subdivision (3) 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. 1178 § 1, 12-5-67. Formerly § 27-59).
3.35.070 Certain conveyances.
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. 1178 § 1, 12-5-67. Formerly § 27-60).
3.35.080 Certain realty held by a partnership.
(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 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. 1178 § 1, 12-5-67. Formerly § 27-61).
3.35.090 Administration.
The County Recorder shall administer this chapter in conformity with the provisions of Division 2, Part 6.7 of the Revenue and Taxation Code and the provisions of any County ordinance adopted pursuant thereto. (Ord. 1178 § 1, 12-5-67. Formerly § 27-62).
3.35.100 Claim for refund procedure.
Claims for refund of taxes imposed pursuant to this chapter shall be governed by the provisions of Division 1, Part 9, Chapter 5 (entitled "Refunds"), Section 5096 et seq. of the Revenue and Taxation Code of the State of California. (Ord. 1178 § 1, 12-5-67. Formerly § 27-63).
3.35.110 Operative date.
This chapter shall become operative upon the operative date of any ordinance adopted by the County of Santa Clara, pursuant to Division 2, Part 6.7 of the Revenue and Taxation Code of the State of California, or upon the effective date of the ordinance codified in this chapter, whichever is the later. (Ord. 1178 § 1, 12-5-67. Formerly § 27-64).