Avenal Municipal Code Ch. 4 Real Property Transfer Taxes

Sections:

3-4.01 Title.
3-4.02 Imposed—Rate.
3-4.03 Payment.
3-4.04 Exemptions—Debt security instruments.
3-4.05 Exemptions—Governmental agencies.
3-4.06 Exemptions—Bankruptcies and receiverships.
3-4.07 Exemptions—Securities and Exchange Commission orders.
3-4.08 Exemptions—Partnerships.
3-4.09 Administration.
3-4.10 Claims for refunds.
3-4.11 Operative date.
Title 3 FINANCE
Avenal, California, Code of Ordinances
Page 13 3-4.01 Title. This chapter shall be known and may be cited as the "Real Property Transfer Tax Law of the City of Avenal". It is adopted pursuant to the provisions of Part 6.7 (commencing with Section 11901) of Division 2 of the Revenue and Taxation Code of the State. 3-4.02 Imposed—Rate. There is hereby 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 any other person, by his 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 (27½) cents for each five hundred dollars ($500.00), or fractional part thereof. 3-4.03 Payment. The tax imposed by the provisions of Section 3-4.02 of this chapter 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. 3-4.04 Exemptions—Debt security instruments. The tax imposed by the provisions of this chapter shall not apply to any instrument in writing given to secure a debt. 3-4.05 Exemptions—Governmental agencies. The United States, or any agency or instrumentality thereof, any state or territory, or political subdivision thereof, or the District of Columbia shall not be liable for any tax imposed by the provisions of this chapter with respect to any deed, instrument, or writing to which such governmental agency is aparty, but the tax may be collected by assessment from any other party liable therefor. 3-4.06 Exemptions—Bankruptcies and receiverships. The tax imposed by the provisions of 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 subsection (m) of Section 205 of Title 11 of the United States Code, as amended; (c) Approved in an equity receivership proceeding in a court involving a corporation, as defined in subsection (3) of Section 506 of Title 11 of the United States Code, as amended; or (d) Whereby a mere change in identity, form, or place of organization is effected.

Title 3 FINANCE Avenal, California, Code of Ordinances Page 14 The provisions of this section shall only apply if the making, delivery, or filing of instruments of transfer or conveyances occurs within five (5) years from the date of such confirmation, approval or change. 3-4.07 Exemptions—Securities and Exchange Commission orders. The tax imposed by the provisions of 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 subsection (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 1953; (b) Such order specifies the property which is ordered to be conveyed; and (c) Such conveyance is made in obedience to such order. 3-4.08 Exemptions—Partnerships. (a) In the case of any realty held by a partnership, no tax shall be imposed pursuant to the provisions of 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 the provisions 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 the provisions of Section 708 of the Internal Revenue Code of 1954, for the 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 thereof), all realty held by such partnership at the time of such termination. (c) Not more than one tax shall be imposed by the provisions of 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. 3-4.09 Administration. The County Recorder shall administer the provisions of this chapter in conformity with the provisions of Part 6.7 of Division 2 of the Revenue and Taxation Code of the State and the provisions of any County ordinance adopted pursuant thereto. 3-4.10 Claims for refunds. Claims for the refund of the taxes imposed by the provisions of 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. 3-4.11 Operative date. The provisions of this chapter shall become operative upon the operative date of any ordinance adopted by the County pursuant to the provision of Part 6.7 (commencing with Section 11901) of Division 2 of the Revenue and Taxation Code of the State, or on passage whichever is the later.

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