American Canyon Municipal Code Ch. 3.16 Real Property Transfer Tax

This chapter shall be known as the Real Property Transfer Tax Ordinance of the city. It is adopted pursuant to the authority contained in Part 6.7 (commencing with Section 11901) of Division 2 of the Revenue and Taxation Code of the state.

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 twenty-seven and one-half cents for each five hundred dollars or fractional part thereof.

Previously codified as 3.22.020

Any tax imposed pursuant to Section 3.16.020 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.

Previously codified as 3.22.030

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

Previously codified as 3.22.040

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.

Ord. 94-01 § 5, 1994

Previously codified as 3.22.050

Any tax imposed pursuant to this chapter shall not apply 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. However, the tax shall apply to the extent that the consideration exceeds the unpaid debt, including accrued interest and cost of foreclosure. In addition, the amount and nature of the consideration, amount of the unpaid debt and identification of the grantee as a beneficiary or mortgagee shall be noted on any deed, instrument or writing or stated in an affidavit or declaration under penalty of perjury.

Ord. 94-03 § 1, 1994

Previously codified as 3.22.051

Any tax imposed pursuant to this chapter shall not apply 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 dividing such property, provided that it is required by a judgment decreeing a dissolution of the marriage or legal separation or by any other judgment or order rendered pursuant to the California Family Code, or by a written agreement between the spouses executed in contemplation of any such judgment or order. However, the exemption shall not apply unless the deed, instrument or other writing includes a written recital, signed by either spouse, stating that the deed, instrument or other writing is entitled to the exemption.

Ord. 94-03 § 2, 1994

Previously codified as 3.22.052

Any tax imposed pursuant to this chapter shall not apply to any deed, instrument or other writing by which the state of California, any political subdivision thereof, or any agency or instrumentality of either the state or a political subdivision conveys to a nonprofit corporation realty, where the acquisition, construction or improvement of the real property was financed or refinanced by obligations issued by the nonprofit corporation on behalf of a government unit, within the meaning of Section 1.103-1(b) of Title 26 of the Code of Federal Regulations.

Ord. 94-03 § 3, 1994

Previously codified as 3.22.053

(A) 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:

(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 Section 205 of Title 11 of the United States Code, as amended; or

(3) 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

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

(B) Subsections (A)(1) through (4), 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.

Previously codified as 3.22.060

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.

Previously codified as 3.22.070

(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 of encumbrances 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 termination.

Previously codified as § 3 .22.080

(A) Each deed, instrument or writing by which lands, tenements, or other realty is sold, granted, assigned, transferred, or otherwise conveyed shall have noted upon it the tax roll parcel number. The number will be used only for administrative and procedural purposes and will not be proof of title and in the event of any conflicts, the stated legal description noted upon the document shall govern.

(B) The validity of such a document shall not be affected by the fact that such parcel number is-erroneous or omitted, and there shall be no liability attaching to any person for an error in such number or for omission of such number. The recorder shall not accept any deed, instrument or conveyance for recording unless the tax roll parcel number has been noted upon it. A parcel which has been created by the division of an existing parcel and which at the time of recording has no separate parcel number shall have noted upon it the words "portion of" and the parcel number of the parcel from which it was created.

Previously codified as 3.22.090

The county recorder shall administer this chapter in conformity with the provisions of Part 6.7 of Division 2 of the Revenue and Taxation Code and the provisions of any county ordinance adopted pursuant thereto.

Previously codified as 3.22.100

Claims for refund 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 of the State of California.

Previously codified as 3.22.110