Azusa Municipal Code Art. V Documentary Stamp Tax

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State Law reference— Authority for cities to impose a documentary stamp tax on the sale of real property within the city limits, Revenue and Taxation Code § 11901 et seq.

(a) This article shall be known as the Real Property Transfer Tax Ordinance.

(b) This article is adopted pursuant to the authority contained in Revenue and Taxation Code § 11901 et seq.

(Code 1971, § 3.36.010)

This article shall become operative upon the operative date of any ordinance adopted by the county, pursuant to Revenue and Taxation Code § 11901 et seq., or upon the effective date of the ordinance codified in this article, whichever is the later.

(Code 1971, § 3.36.110)

The county recorder shall administer this article in conformity with Revenue and Taxation Code § 11901 et seq., and any county ordinance adopted pursuant thereto.

(Code 1971, § 3.36.090)

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 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 $100.00 a tax at the rate of $0.275 for each $500.00 or fractional part thereof.

(Code 1971, § 3.36.020)

Any tax imposed pursuant to section 70-194 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 document or instrument is made, signed or issued.

(Code 1971, § 3.36.030)

Any tax imposed pursuant to this article shall not apply to the following:

(1) Instrument to secure debt. Any instrument in writing to secure debt.

(2) Government agency. Any deed, instrument or writing to which the United States or any agency or instrumentality thereof, any state or territory or political subdivision thereof or the District of Columbia is a party, but the tax may be collected by assessment from any other party liable therefor.

(3) Bankruptcy proceedings. 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 subdivision (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 subdivision (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 or organization is effected.

Subsections (3)a to d, inclusive, 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.

(4) Securities and exchange commission. 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.

(5) Partnerships. For any realty held by a partnership, any transfer of an interest in a partnership or otherwise, if:

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

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

If there is a termination of any partnership within the meaning of section 708 of the Internal Revenue Code of 1954, for purpose of this article, 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 article by reason of such a termination and any transfer pursuant thereto with respect to the realty held by such partnership at the time of such termination.

(6) Deed, instrument or writing to beneficiary or mortgagee taken in lieu of foreclosure; exception; notations required on deed, etc., affidavit. 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 the grantee as beneficiary or mortgagee shall be noted on such instrument or writing or stated in an affidavit or declaration under penalty of perjury for tax purposes.

(7) Deed, instrument or other writing which purports to transfer, divide or allocate property assets between spouses under judgment of dissolution of marriage, separation or agreement in contemplation of judgment or order. Any deed, instrument or other writing which purports to transfer, divide or allocate community, quasicommunity or quasimarital property assets between spouses for the purpose of effecting a division of community, quasicommunity or quasimarital 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. In order to qualify for the exemption provided in this subsection, 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.

(8) Deed, instrument or other writing for conveyance of realty by state or political subdivision or agency with agreement for purchaser to reconvey. Any deed, instrument or other writing by which realty is conveyed by the state, 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.

(9) Deed, instrument or other writing for conveyance by state, political subdivision or agency of realty financed by obligations issued by nonprofit corporation. Any deed, instrument or other writing by which the state, any political subdivision thereof or agency or instrumentality 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 government unit, within the meaning of 26 CFR 1.103-1(b).

(Code 1971, § 3.36.040—3.36.080)

Claims for refund of taxes imposed pursuant to this article shall be governed by Revenue and Taxation Code § 5096 et seq.

(Code 1971, § 3.36.100)