Belvedere Municipal Code Ch. 3.20 Real Property Transfer Tax

REAL PROPERTY TRANSFER TAX

Sections:

• 3.20.010 Title for citation—Statutory authority.

• 3.20.020 Imposition—Amount.

• 3.20.030 Persons responsible for payment.

• 3.20.040 Exemptions.

• 3.20.050 Administration by Marin County recorder-Statutory authority.

• 3.20.060 Claims for refunds.

• 3.20.070 Effective date.

• 3.20.080 Copies to be filed with county recorder.

This Chapter shall be known as the “real property transfer tax ordinance of the City of Belvedere.” 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. 152 NS § 1, 1967.)

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. (Ord. 152 NS § 2, 1967; prior code § 9-27.)

Any tax imposed pursuant to Section 3.20.020 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. (Ord. 152 NS § 3, 1967; prior code § 9-28.)

Any tax imposed pursuant to this Chapter shall be subject to the exemptions set forth in Revenue and Taxation Code Sections 11921, et seq. (Ord. 77-21 § 1, 1977; Ord. 152 NS § 4, 1967; prior code § 9-29.)

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. 152 NS § 9, 1967; prior code § 9-34.)

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. (Ord. 152 NS § 10, 1967; prior code § 9-35.)

The provisions codified in this Chapter shall become operative upon the operative date of any ordinance adopted by the County of Marin, pursuant to Part 6.7 (commencing with Section 11901) of Division 2 of the Revenue and Taxation Code of the State, or upon the effective date of the ordinance codified herein, whichever is the later. (Ord. 152 NS § 11, 1967.)

Upon its adoption, the City Clerk shall file two copies of the ordinance codified in this Chapter with the county recorder of Marin County. (Ord. 152 NS § 12, 1967.)