Alhambra Municipal Code Ch. 3.10 Documentary Transfer Tax

This chapter shall be known as the “Real Property Transfer Tax Ordinance of the City of Alhambra.” It is adopted pursuant to the authority contained in Cal. Rev & Tax Code Part 6.7 (commencing with § 11901) of Division 2.

('86 Code, § 3.10.010) (Ord. 3386, passed - - )

There is hereby imposed on each deed, instru-ment 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 $100, a tax at the rate of 27.5 cents for each $500 or fractional part thereof.

('86 Code, § 3.10.020) (Ord. 3386, passed - - )

Any tax imposed pursuant to § 3.10.020 hereof 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.

('86 Code, § 3.10.030) (Ord. 3386, passed - - ) Penalty, see § 1.12.010

Any tax imposed pursuant to this chapter shall not apply to any instrument in writing given to secure a debt.

('86 Code, § 3.10.040) (Ord. 3386, passed - - )

Any deed, instrument or writing to which the United States or any agency or instrumentality thereof, any state or territory, or political subdivision thereof, is a party shall be exempt from any tax imposed pursuant to this chapter when the exempt agency is acquiring title.

('86 Code, § 3.10.050) (Ord. 3386, passed - - ; Am. Ord. 3467, passed - - )

Any tax imposed pursuant to this chapter shall not apply to the making, delivering or filing of conveyances to make effective any plan of reorganiza-tion 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 II of the United States Code as amended;

(C) Approved in an equity receivership proceeding in a court involving a corporation as defined in subdivision (a) of Section 506 of Title II of the United States Code as amended; or

(D) Whereby a mere change in identity, form or place of organization is effected.

(E) Divisions (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 confirma-tion, approval or change.

('86 Code, § 3.10.060) (Ord. 3386, passed - - )

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 the conveyance is made recites that the 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) The order specifies the property which is to be conveyed;

(C) The conveyance is made in obedience to such an order.

('86 Code, § 3.10.070) (Ord. 3386, passed - - )

(A) In the case of any realty held by a partnership, no levy shall be imposed pursuant to this ordinance by reason of any transfer of an interest in a partnership or otherwise, if:

(1) The 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 with the meaning of Section 708 of the Internal Revenue Code of 1954 for purposes of this chapter, the 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 division (B), and any transfer pursuant thereto, with respect to the realty held by such partnership at the time of termination.

('86 Code, § 3.10.080) (Ord. 3386, passed - - )

The County Recorder shall administer this chapter in conformity with the provisions of Cal. Rev & Tax Code Part 6.7 of Division 2 and the provisions of any county ordinance adopted pursuant thereto.

('86 Code, § 3.10.090) (Ord. 3386, passed - - )

Claims for refund of taxes imposed pursuant to this ordinance shall be governed by the provisions of Cal. Rev & Tax Code Chapter 5 (commencing with § 5096) of Part 9 of Division 1.

('86 Code, § 3.10.100) (Ord. 3386, passed - - )

(A) Any tax imposed pursuant to this chapter shall not apply with respect to 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 indemnification of grantee as beneficiary or mortgagee shall be noted on said deed, instrument or writing or stated in an affidavit or declaration under penalty or perjury for tax purposes. (Cal. Rev. & Tax. Code § 11926)

(B) (1) Any tax imposed pursuant to this chapter shall not apply with respect to any deed, instrument, or other writing which purports to transfer, divide, or allocate community, quasi-community, or quasi-marital property assets between spouses for the purpose of effecting a division of community, quasi-community, or quasi-marital property which is required by a judgment decreeing a dissolution of the marriage or legal separation, by a judgment of nullity, or by any other judgment or order rendered pursuant to the Family Code, or by a written agreement between the spouses, executed in contemplation of any such judgment or order, whether or not the written agreement is incorporated as part of any of those judgments or orders.

(2) In order to qualify for the exemption provided in division (B)(1), the deed, instrument, or other writing shall include a written recital, signed by either spouse, stating that the deed, instrument, or other writing is entitled to the exemption.

(Cal. Rev. & Tax. Code § 11927)

(C) Any tax imposed pursuant to this chapter shall not apply with respect to any deed, instrument, or other writing by which realty is conveyed by the State of California, any political subdivision thereof, or agency or instrumentality of either thereof, pursuant to an agreement whereby the purchaser agrees to immediately reconvey the realty to the exempt agency. (Cal. Rev. & Tax. Code § 11928)

(D) Any tax imposed pursuant to this chapter shall not apply with respect to any deed, instrument, or other writing by which the State of California, any political subdivision thereof, or agency or instru-mentality of either thereof, conveys to a nonprofit corporation realty the acquisition, construction, or improvement of which was financed or refinanced by obligations issued by the nonprofit corporation on behalf of a governmental unit, within the meaning of § 1.103-1(b) of Title 26 of the Code of Federal Regulations. (Cal. Rev. & Tax. Code § 11929)