Ceres Municipal Code Ch. 07 Real Property Transfer Tax

This chapter shall be known as the "Real Property Transfer Tax Ordinance of the City of Ceres." It is adopted pursuant to the authority contained in part 6.7 (commencing with section 11901), division 2 of the Revenue and Taxation Code of the State of California. Except as hereinafter provided, and except insofar as they are inconsistent with the provisions of part 6.7, division 2 of the Revenue and Taxation Code, all of the provisions of part 6.7, division 2 of that code, as amended and in force and effect on January 1, 1968, applicable to sales taxes are adopted and made a part of this section as though fully set forth herein.

(Ord. No. 2020-1058, § 4, 3-23-2020)

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 $100.00, a tax at the rate of $0.275 for each $500.00 or fractional part thereof.

(Ord. No. 2020-1058, § 4, 3-23-2020)

Any tax imposed pursuant to section 3.28.020 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. No. 2020-1058, § 4, 3-23-2020)

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

(Ord. No. 2020-1058, § 4, 3-23-2020)

The United States or any agency or instrumentality thereof, any state or territory, or political subdivision or the District of Columbia shall not be liable for any tax imposed pursuant to this chapter with respect to any deed, instrument, or writing to which it is a party, but the tax may be collected by assessment from any other party liable therefor.

(Ord. No. 2020-1058, § 4, 3-23-2020)

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:

A. Confirmed under the Federal Bankruptcy Code, as amended;

B. Approved in an equity receivership proceeding in a court involving a railroad corporation, as defined in section 101 of title 11 of the United States Code, as amended;

C. Approved in an equity receivership proceeding in a court involving a corporation, as defined in section 101 of title 11 of the United States Code, as amended; or

D. Whereby a mere change in identity, form or place or organization is affected.

Subsections A to D, inclusive, shall only apply 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. No. 2020-1058, § 4, 3-23-2020)

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 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. Such order specifies the property which is ordered to be conveyed;

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

(Ord. No. 2020-1058, § 4, 3-23-2020)

A. In the case of any realty held by a partnership or other entity treated as a partnership for federal income tax purposes, no levy shall be imposed pursuant to this chapter by reason of any transfer of an interest in a partnership or other entity or otherwise, if: both of the following occur

1. The partnership or other entity treated as a partnership considered a continuing partnership within the meaning of section 708 of the Internal Revenue Code of 1986; and

2. The continuing partnership or other entity treated as a partnership continues to hold the realty concerned.

B. If there is a termination of any partnership or other entity treated as a partnership for federal income tax purposes, within the meaning of section 708 of the Internal Revenue Code of 1986, for purposes of this chapter, the partnership or other entity 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 thereof), all realty held by the partnership or other entity at the time of termination.

C. Not more than one tax shall be imposed pursuant to this chapter by reason of a termination described in subsection B, and any transfer pursuant thereto, with respect to the realty held by the partnership or other entity treated as a partnership at the time of termination.

D. No levy shall be imposed pursuant to this part by reason of any transfer between an individual or individuals and a legal entity or between legal entities that results solely in a change in the method of holding title to the realty and in which proportional ownership interests in the realty, whether represented by stock, membership interest, partnership interest, cotenancy interest, or otherwise, directly or indirectly, remain the same immediately after the transfer.

(Ord. No. 2020-1058, § 4, 3-23-2020)

A. Any tax imposed pursuant to this part shall not apply with respect to any deed, instrument, or other writing which purports to transfer, divide, or allocate 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.

(Ord. No. 2020-1058, § 4, 3-23-2020)

Any tax imposed pursuant to this chapter shall not apply with respect to any deed, instrument, or other writing by which realty is conveyed by 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.

(Ord. No. 2020-1058, § 4, 3-23-2020)

Any tax imposed pursuant to this chapter shall not apply with respect to any deed, instrument, or other writing by which 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.

(Ord. No. 2020-1058, § 4, 3-23-2020)

Any tax imposed pursuant to this part shall not apply to any deed, instrument, or other writing which purports to grant, assign, transfer, convey, divide, allocate, or vest lands, tenements, or realty, or any interest therein, if by reason of such inter vivos gift or by reason of the death of any person, such lands, tenements, realty, or interests therein are transferred outright to, or in trust for the benefit of, any person or entity.

(Ord. No. 2020-1058, § 4, 3-23-2020)

The county recorder shall administer this chapter in conformity with the provisions of part 6.7, division 2 of the Revenue and Taxation Code and the provisions of any county ordinance adopted pursuant thereto.

(Ord. No. 2020-1058, § 4, 3-23-2020)

Claims for refund of taxes imposed pursuant to this chapter shall be governed by the provisions of chapter 5 (commencing with section 5096), part 9, division 1 of the Revenue and Taxation Code of the State of California.

(Ord. No. 2020-1058, § 4, 3-23-2020)