Calabasas Municipal Code Ch. 3.12 Real Property Transfer Tax

This chapter shall be known as the "real property transfer tax of the city of Calabasas." 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. 95-94 § 2 (part), 1995)

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 ($100.00), a tax at the rate of twenty-seven and one-half cents (27 ½¢) for each five hundred dollars ($500.00) or fractional part thereof.

(Ord. 95-94 § 2 (part), 1995)

Any tax imposed pursuant to Section 3.12.020 of this chapter shall be paid by any person who makes, signs or issues any document or instrument subject to the tax, or whose use or benefit the same is made, signed or issued.

(Ord. 95-94 § 2 (part), 1995)

The tax imposed pursuant to this chapter shall not apply to:

A. Instruments given to secure a debt (Revenue and Taxation Code Section 11921);

B. Instruments of the United States or agencies or instrumentalities thereof (Revenue and Taxation Code Section 11922);

C. Conveyances under reorganization or adjustment plans (Revenue and Taxation Code Section 11923);

D. Conveyances under order of Securities and Exchange Commission (Revenue and Taxation Code Section 11924);

E. Transfers of certain partnership property (Revenue and Taxation Code Section 11925);

F. Instruments taken in lieu of foreclosure (Revenue and Taxation Code Section 11926);

G. (a) Any deed, instrument or other writing which purports to transfer, division, or allocation of community, quasi-community, or quasi-marital property assets between spouses for the purpose of effecting a division of community, quasi-community, or quasi-marital 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; (b) in order to qualify for the exemption provided in subdivision (a), 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. (Revenue and Taxation Code Section 11927);

H. Conveyances to the state of California, 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 (Revenue and Taxation Code Section 11928);

I. Conveyances by the state of California, 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 governmental unit, within the meaning of Section 1.103-1(b) of Title 26 of the Code of Federal Regulations (Revenue and Taxation Code Section 11929).

As these sections of the Revenue and Taxation Code may be from time to time amended.

(Ord. 95-94 § 2 (part), 1995)

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 chapters adopted pursuant thereto.

(Ord. 95-94 § 2 (part), 1995)

Claims for refund of taxes imposed pursuant to this chapter shall be governed by Section 3.28.030 of this code.

(Ord. 2006-230 § 3, 2006: Ord. 95-94 § 2 (part), 1995)