Anaheim Municipal Code Ch. 2.10 Documentary Transfer Tax

This chapter shall be known as the "Documentary Transfer Tax Ordinance of the City of Anaheim." 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 of California. (Ord. 2446 § 1 (part); November 21, 1967; Ord. 5777 § 10; August 28, 2001.)

There is hereby imposed on each deed, instrument or writing by which any lands, tenements or other realty sold within the City of Anaheim 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. (Ord. 2446 § 1 (part); November 21, 1967.)

Any tax imposed pursuant to Section 2.10.020 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. (Ord. 2446 § 1 (part); November 21, 1967.)

Any tax imposed pursuant to this chapter shall not apply to any instrument in writing given to secure a debt. (Ord. 2446 § 1 (part); November 21, 1967.)

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 the tax imposed pursuant to this article when the exempt agency is acquiring title. (Ord. 2446 § 1 (part); November 21, 1967; amended by Ord. 2755 § 1; December 9, 1969.)

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:

.010 Confirmed under the Federal Bankruptcy Act, as amended;

.020 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;

.030 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

.040 Whereby a mere change in identity, form or place of organization is effected.

Subdivisions .010 to .040, 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. 2446 § 1 (part); November 21, 1967.)

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:

.010 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;

.020 Such order specifies the property which is ordered to be conveyed;

.030 Such conveyance is made in obedience to such order. (Ord. 2446 § 1 (part); November 21, 1967.)

.010 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:

.0101 Such partnership (or another partnership) is considered a continuing partnership within the meaning of Section 708 of the Internal Revenue Code of 1954; and

.0102 Such continuing partnership continues to hold the realty concerned.

.020 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 encumbrances remaining thereon), all realty held by such partnership at the time of such termination.

.030 Not more than one tax shall be imposed pursuant to this chapter by reason of a termination described in subdivision .020, and any transfer pursuant thereto, with respect to the realty held by such partnership at the time of such termination. (Ord. 2446 § 1 (part); November 21, 1967.)

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. (Ord. 2446 § 1 (part); November 21, 1967.)

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. (Ord. 2446 § 1 (part); November 21, 1967.)

The ordinance codified in this chapter shall become operative upon the operative date of any ordinance adopted by the County of Orange, pursuant to Part 6.7 (commencing with Section 11901) of Division 2 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. 2446 § 1 (part); November 21, 1967.)

Upon its adoption, the City Clerk shall file two copies of this ordinance (2446) with the County Recorder of Orange County. (Ord. 2446 § 1 (part); November 21, 1967.)

All references contained in this chapter to any provision of State law shall be deemed to include and refer to any amendments or successor provisions thereto which may be adopted subsequent to the date of adoption of this chapter or the section referring to such State law. (Ord. 5777 § 11; August 28, 2001.)