Calaveras County Municipal Code Ch. 3.04 Real Property Transfer Tax

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For statutory provisions on local real property transfer taxes, see Rev. and Tax. Code § 11901 et seq.

The ordinance codified in this chapter shall be known as the "real property transfer tax ordinance of the county of Calaveras." It is adopted pursuant to Part 6.7 (commencing with Section 11901) of Division 2 of the Revenue and Taxation Code.

(Ord. 412 § 1, 1967).

There is imposed on each deed instrument or writing by which any lands, tenements or other realty sold within the county are 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 of 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 fifty-five cents for each five hundred dollars or fractional part thereof.

(Ord. 412 § 2, 1967).

The tax imposed by Section 3.04.020 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. 412 § 3, 1967).

The tax imposed pursuant to this chapter does not apply to any instrument in writing given to secure a debt.

(Ord. 412 § 4, 1967).

Any deed, instrument or writing to which the United States or any agency or instrumentality thereof, any state or territory, or political subdivision thereof, is a party is exempt agency in acquiring title.

(Ord. 1045 § 14, 1978: Ord. 412 § 5, 1967).

A. The tax imposed pursuant to this chapter does 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 11 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 11 of the United States Code, as amended; or

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

B. Subsection A of this section only applies 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.

(Ord. 412 § 6, 1967).

The tax imposed pursuant to this chapter does 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 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. The order specifies the property which is ordered to be conveyed;

C. The conveyance is made in obedience to such order.

(Ord. 412 § 7, 1967).

A. In the case of any realty held by a partnership, no tax shall be imposed pursuant to this chapter by reason of any transfer of an interest in the partnership or otherwise, if:

1. Such partnership (or other partnership) is considered a continuing partnership within the meaning 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 Section 708 of the Internal Revenue Code of 1954, for 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 thereon), all realty held by such 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 such partnership at the time of such termination.

(Ord. 412 § 8, 1967).

If the legislative body of any city in the county imposes a tax, pursuant to Part 6.7 of Division 2 of the Revenue and Taxation Code, equal to one-half the amount specified in Section 3.04.020, a credit shall be granted against the taxes due under this chapter in the amount of the city's tax.

(Ord. 412 § 9, 1967).

A. The county recorder shall administer this chapter and shall also administer any ordinance adopted by any city in the county pursuant to Part 6.7 (commencing with Section 11901) of Division 2 of the Revenue and Taxation Code imposing a tax for which a credit is allowed by this chapter.

B. On or before the fifteenth day of the month, the recorder shall report to the county auditor the amounts of taxes collected during the preceding month pursuant to this chapter and each city real property transfer tax ordinance. The auditor shall allocate and distribute monthly the taxes as follows:

1. All moneys which relate to the transfer of real property located in the unincorporated territory of the county shall be allocated to the county.

2. All moneys which relate to transfer of real property located in a city in the county which has imposed a tax pursuant to Part 6.7, referred to in subsection A of this section, shall be allocated one-half to the city and one-half to the county.

3. All moneys which relate to transfers of real property located in a city in the county which imposes a tax on transfers of real property not in conformity with Part 6.7, referred to in subsection A of this section, shall be allocated to the county.

4. All moneys which relate to transfers of real property in a city in the county which does not impose a tax on transfers of real property shall be allocated to the county.

(Ord. 451 § 3, 1968; Ord. 412 § 11, 1967).

A. The recorder shall not record any deed, instrument or writing subject to the tax imposed by this chapter unless the tax is paid. If the party submitting the document so requests, amount of tax due shall be shown on a separate paper which shall be affixed to the document by the recorder after the permanent record is made and before the original is returned as specified in Section 27321 of the Government Code.

B. Every document subject to tax under this chapter which is submitted for recordation shall show on the face of the document or in a separate document the amount of taxes due under this chapter and the recorder may rely on such information.

C. Every document subject to tax under this chapter which is submitted for recordation shall show on the face of the document, or in a separate document, the location of the lands, tenements or other realty described in the document. If the lands, tenements or other realty are located within a city in the county, the name of the city shall be set forth. If the lands, tenements or other realty are located in the unincorporated area of the county, that fact shall be set forth.

(Ord. 451 § 4, 1968; Ord. 412 § 12, 1967).

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.

(Ord. 451 § 5 (part), 1968: Ord. 412 § 13, 1967).

In the administration of this chapter the recorder shall interpret its provisions consistently with those documentary stamp tax regulations adopted by the Internal Revenue Service of the United States Treasury Department which relate to the tax on conveyances and identified as Sections 47.4361-1, 47.4361-2 and 47.4362-1 of Part 47 of Title 26 of the Code of Federal Regulations, as the same existed on November 8, 1967, except that, for the purposes of this chapter, the determination of what constitutes "realty" shall be determined by the definition or scope of that term under state law.

(Ord. 451 § 5(part), 1968: Ord. 412 § 14, 1967).

Whenever the county recorder has reason to believe that the full amount of tax due under this chapter has not been paid, he may, by notice served upon any person liable therefor, require him to furnish a true copy of his records relevant to the amount of the consideration or value of the interest or property conveyed.

(Ord. 451 § 5(part), 1968: Ord. 412 § 15, 1967).

A. Any person or persons who makes, signs, issues or accepts or causes to be made, signed, issued or accepted and who submits or causes to be submitted for recordation any deed, instrument or writing subject to the tax imposed by this chapter, and makes any material misrepresentation of fact for the purpose of avoiding all or any part of the tax imposed by this chapter, is guilty of a misdemeanor.

B. No person or persons shall be liable, either civilly or criminally, for any unintentional error made in designating the location of the lands, tenements or other realty described in a document subject to the tax imposed by this chapter.

(Ord. 451 § 5(part), 1968: Ord. 412 § 16, 1967).

This chapter became operative at 12:01 a.m. on January 1, 1968.

(Ord. 451 § 5(part), 1968: Ord. 412 § 17, 1967).