California City Municipal Code Div. 2 Transfer

This division shall be known as the "Real Property Transfer Tax Law of the City of California City." It is adopted pursuant to Part 6.7 (commencing with Section 11901) of Division 2 of the Revenue and Taxation Code.

There is imposed on each deed, instrument, or writing by which any lands, tenements, or other realties sold within the City shall be granted, assigned, transferred, or otherwise conveyed (exclusive of the value of any lien or encumbrance remaining thereon at the time of sale), a tax not to exceed $100.00 at the rate of 272 cents for each $500.00 or fractional part thereof.

The tax 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.

(a) The tax shall not apply to an instrument in writing given to secure a debt.

(b) 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 the tax imposed by this division with respect to any deed, instrument, or writing to which such governmental agency is a party, but the tax may be collected by assessment from any other party liable therefor.

(c) The tax 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 subsection (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 subsection (3) of Section 506 of Title 11 of the United State Code, as amended; or

(4) Whereby a mere change in identity, form, or place of organization is affected.

(d) The tax shall not apply to the making or delivery of conveyances to make effective any order of the Securities and Exchange Commission, as defined in subsection (2) of Section 1083 of the Internal Revenue Code of 1954, but only if:

(1) 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;

(2) Such order specifies the property which is ordered to be conveyed; and

(3) Such conveyance is made in obedience to such order.

(e) In the case of realty held by a partnership, no levy shall be imposed by this division by reason of a transfer of an interest in a partnership or otherwise if:

(1) Such partnership (or another partnership) is considered a continuing partnership within the meaning of the Internal Revenue Code; and

(2) Such continuing partnership continues to hold the realty concerned.

(f) If there is a termination of any partnership within the meaning of the provisions of the Internal Revenue Code, 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.

(g) Not more than one tax shall be imposed pursuant to this article by reason of a termination described in this subsection, and any transfer pursuant, with respect to the realty held by such partnership at the time of such termination.

The County Recorder shall administer this division in conformity with Part 6.7 of Division 2 of the Revenue and Taxation Code and County ordinances.

Claims for the refund of the taxes imposed by this division shall be governed by Chapter 5 (commencing with Section 5096) of Part 9 of Division 1 of the Revenue and Taxation Code.