Cupertino Municipal Code Ch. 3.04 Documentary Stamp Tax\

* For statutory provisions authorizing cities to impose a documentary stamp tax on the sale of real property within the city limits, see Rev. & Tax. Code §§ 11901 et seq.

This chapter shall be known as the “real property transfer tax ordinance of the City of Cupertino.” 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. 377, § 1, 1967)

There is imposed on each deed, instrument or writing by which any lands, tenements, or other realty sold within the City is 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. 377, § 2, 1967)

Any tax imposed pursuant to 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. 377, § 3, 1967)

Any tax imposed pursuant to this chapter shall not apply to any instrument which is exempt from taxation pursuant to Chapter 3 of Division 2 of Part 6.7 section 11921 et seq. of the California Revenue and Taxation Code.

(Ord. 1705, (part), 1995; Ord. 377, § 4, 1967)

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 Santa Clara County Ordinance No. NS-215 adopted pursuant thereto.

(Ord. 377, § 9, 1967)

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 of California.

(Ord. 377, § 10, 1967)