Bakersfield Municipal Code Ch. 3.32 Real Property Transfer Tax

Sections: 3.32.010 Title. 3.32.020 Imposition of tax. 3.32.030 Persons liable. 3.32.040 Exemption—Securing debts. 3.32.050 Exemption—United States. 3.32.060 Exemption—Court proceedings. 3.32.070 Exemption—Security and exchange commission. 3.32.080 Partnership. 3.32.090 Administration of chapter. 3.32.100 Claims for refunds. 3.32.110 Copies on file.

A. This chapter shall be known as the real property transfer tax of the city.

B. It is adopted pursuant to the authority contained in Part 6.7 (commencing with Section 11901) of Division 2 of Revenue and Taxation Code of the state. (Prior code § 6.40.010)

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. (Prior code § 6.40.020)

Any tax imposed pursuant to Section 3.32.020 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. (Prior code § 6.40.030)

Any tax imposed pursuant to this chapter shall not apply to any instrument in writing given to secure a debt. (Prior code § 6.40.040)

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 pursuant to this chapter with respect to any deed, instrument, any instrument by which it acquires title, or writing to which it is a party, but the tax may be collected by assessment from any other party liable therefor. (Ord. 2597 § 2, 1980; prior code § 6.40.050)

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 II of the United States Code, as amended;

3. Approved in an equity receivership proceeding in a court involving a corporation, as defined in
subdivision (3) of Section 506 of Title II of the United States Code, as amended; or

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

B. Subdivisions 1 through 4 of subsection A of this section, inclusive, shall only apply if the making, delivery or filing of instruments of transfer or conveyances occurs within five years from the date of the confirmation, approval or change. (Prior code § 6.40.060)

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 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 ordered to be conveyed;

C. The conveyance is made in obedience to the order. (Prior code § 6.40.070)

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. 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. The 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, 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 the 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 the partnership at the time of the termination. (Prior code § 6.40.080)

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. (Prior code § 6.40.090)

Claims for refunds 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. (Prior code § 6.40.100)

Upon its adoption the city clerk shall file two copies of the ordinance codified in this chapter with the county recorder of the county. (Prior code § 6.40.120)