Diamond Bar Municipal Code Ch. 3.20 Real Property Transfer Tax

This chapter shall be known as the Real Property Transfer Tax Ordinance of the City of Diamond Bar. It is adopted pursuant to the authority contained in Revenue and Taxation Code §§ 11901—11934.

(Ord. No. 7(1989), § 1, 4-18-89)

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 purchasers, or any other persons, by 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. 7(1989), § 2, 4-18-89)

Any tax imposed pursuant to section 3.20.020 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. 7(1989), § 3, 4-18-89)

State Law reference— Similar provisions, Revenue and Taxation Code, § 11912.

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

(1) Instruments given to secure a debt (Revenue and Taxation Code § 11921).

(2) Instruments of the United States or agencies or instrumentalities thereof or instruments of any state or territory, or political subdivision thereof (Revenue and Taxation Code § 11922).

(3) Conveyances under reorganization or adjustment plans (Revenue and Taxation Code § 11923).

(4) Conveyances under order of securities and exchange commission (Revenue and Taxation Code § 11924).

(5) Transfers of certain partnership property (Revenue and Taxation Code § 11925).

(6) Instruments taken in lieu of foreclosure (Revenue and Taxation Code § 11926).

(7) Instruments conveying property between spouses in connection with dissolution of marriage, separation or agreement in contemplation of judgment or order (Revenue and Taxation Code § 11927).

(8) Governmental conveyances with agreement for purchaser to reconvey (Revenue and Taxation Code § 11928).

(9) Governmental conveyances of realty financed by a nonprofit corporation's obligations (Revenue and Taxation Code § 11929).

(Ord. No. 7(1989), § 4, 4-18-89)

The city shall administer this chapter in conformity with the provisions of Revenue and Taxation Code §§ 11901—11934 and the provisions of any city ordinances adopted pursuant thereto.

(Ord. No. 7(1989), § 5, 4-18-89)

Claims for refund of taxes imposed pursuant to this chapter, shall be governed by the provisions of Revenue and Taxation Code §§ 5096—5107.

(Ord. No. 7(1989), § 6, 4-18-89)