HomeMy WebLinkAbout12.07 Documentary Transfer Tax t2 , 7
•• 4:) 4:0 ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DUBLIN IMPOSING A DOCUMENTARY
TRANSFER TAX ON TRANSFERS OF REAL
PROPERTY LOCATED WITHIN THE CITY OF DUBLIN
THE CITY COUNCIL OF THE CITY OF DUBLIN DOES ORDAIN AS FOLLOWS:
Section 1. SHORT TITLE. This ordinance shall be known as, and
for all purposes may be referred to as, the "Real Property Transfer
Tax Ordinance of the City of Dublin. "
Section 2. DECLARATION. Pursuant to the authority of Section
11901 et seq. of the Revenue and Taxation Code, there is hereby imposed
on each deed, instrument or writing by which any lands, tenements, or
other realty sold within the City of Dublin 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 encumbrance 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.
Section 3. MOBILE HOMES.
A. The transfer of any mobile home installed on a foundation
system pursuant to Section 18551 of the Health & Safety Code and
subject to local property taxation shall be subject to the tax imposed
pursuant to Section 2 hereof.
B. The purchaser of a new mobile home which is sold and installed
for occupancy as a residence in accordance with Section 18613 of the
Health & Safety Code, shall be subject to the tax imposed pursuant to
Section 2 hereof. Mobile homes held in the mobile home dealer's inventory
shall be exempt from the provisions of this Ordinance.
Section 4. PAYMENT. The tax imposed 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.
Section 5. EXEMPTIONS. Any tax imposed pursuant to Section 2
hereof shall not apply to:
A. Any instrument in writing given to secure a debt;
B. The United States or any agency or instrumentality thereof,
any state or territory, or political subdivision thereof, or the District
of Columbia, 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;
/ . � 39 _6
0
C. The making, delivering or filing of conveyances to make effective
any plan or reorganization 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 S205 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 S506
of Title 11 of the United States Code, as amended; or
(4) Whereby a mere change in identity, form or place of organi-
zation is effected.
Subdivisions 1 to 4, inclusive, of this section shall only apply
if the making, delivery or filing of instruments of transfer or con-
veyances occurs within five years from the date of such confirmation,
approval or change;
D. The making or delivery of conveyances to make effective any
order of the Securities and Exchange Commission, as defined in subdivision
(a) of S1083 of the Internal Revenue Code of 1954; but only if:
(1) 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 S79k of Title 15 of the United States Code,
relating to the Public Utility Holding Company Act of 1935;
(2) Such order specifies the property which is ordered to
be conveyed;
(3) Such conveyance is made in obedience to such order.
E. Any realty held by a partnershi0 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 S708 of the Internal
Revenue Code of 1954; and
(2) Such continuing partnership continues to hold the realty
concerned.
If there is a termination of any partnership within the meaning
of S708 of the Internal Revenue Code of 1954, for purposes of this
ordinance, 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.
Not more than one tax shall be imposed pursuant to this ordinance
by reason of a termination described in the preceding paragraph, and
any transfer pursuant thereto, with respect to the realty held by
such partnership at the time of such termination.
F. 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.
Section 6. ADMINISTRATION. Pursuant to the provisions of
Part 6.7 of Division 2 of the Revenue and Taxation Code, this
Ordinance shall be administered by the County Recorder of the
County of Alameda.
Section 7. REFUNDS. Claims for refund of taxes imposed
pursuant to this ordinance 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 of the State.
Section 8. SUPERSESSION OF COUNTY ORDINANCE. It is the intention
of the City Council of the City of Dublin that as of the effective
date of this Ordinance, it shall supersede the effectiveness of
the real property transfer tax article of the County of Alameda
County Ordinance Code regarding real property transfer taxes in the
City of Dublin as implemented and adopted by Ordinance No. 1 of the,
City of Dublin. However, it is not intended that this Ordinance shall
supersede any portion of the Alameda County Ordinance Code, insofar
as said provisions are consistent with this Ordinance.
Section 9. OPERATIVE DATE. This Ordinance relates to taxes
for the usual and current expenses of the City of Dublin and shall
take effect immediately.
PASSED AND ADOPTED by the City Council of the City of Dublin
on this 1st day of February 1982, by the following vote:
AYES:
NOES:
ABSENT:
Mayor
Attest:
By
Clerk
3