Emeryville Municipal Code Art. 2 Baseline Real Property Transfer Taxes

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

(Sec. 25.20, E.T.C., as added by Ord. 67-012)

The County Recorder shall administer the provisions of this article in conformity with the provisions of Part 6.7 of Division 2 of the Revenue and Taxation Code of the State and the provisions of any County ordinance adopted pursuant thereto.

(Sec. 25.28, E.T.C., as added by Ord. 67-012)

There is hereby 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 any other person, by his direction, when the consideration or value of the interest or property conveyed (exclusive of the value of any lien or encumbrance remaining thereon at the time of the sale) exceeds one hundred dollars ($100.00), a tax at the rate of twenty-seven and one-half cents ($0.275) for each five hundred dollars ($500.00) or fractional part thereof.

(Sec. 25.21, E.T.C., as added by Ord. 67-012)

The tax imposed by the provisions of Section 3-3.203 of this article 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 such document is made, signed or issued.

(Sec. 25.22, E.T.C., as added by Ord. 67-012)

The tax imposed by the provisions of this article shall not apply to any instrument in writing given to secure a debt.

(Sec. 25.23, E.T.C., as added by Ord. 67-012)

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 any tax imposed by the provisions of this article 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.

(Sec. 25.24, E.T.C., as added by Ord. 67-012)

The tax imposed by the provisions of this article 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 Act, as amended;

(b) 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;

(c) 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 States Code, as amended; or

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

The provisions of this section shall only apply if the making, delivery or filing of instruments of transfer or conveyances occurs within five (5) years after the date of such confirmation, approval, or change.

(Sec. 25.25, E.T.C., as added by Ord. 67-012)

The tax imposed by the provisions of this article 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 (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; and

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

(Sec. 25.26, E.T.C., as added by Ord. 67-012)

(a) In the case of any realty held by a partnership, no tax shall be imposed pursuant to the provisions of this article by reason of any 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 provisions 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 the provisions of Section 708 of the Internal Revenue Code of 1954, for the purposes of this article 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) No more than one (1) tax shall be imposed by the provisions of this article 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.

(Sec. 25.27, E.T.C., as added by Ord. 67-012)

Claims for the refund of the taxes imposed by the provisions of this article 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.

(Sec. 25.29, E.T.C., as added by Ord. 67-012)

The provisions of this article shall become operative upon the operative date of any ordinance adopted by the County pursuant to the provisions of Part 6.7 (commencing with Section 11901) of Division 2 of the Revenue and Taxation Code of the State, or on December 18, 1967, whichever is later.

(Sec. 25.30, E.T.C., as added by Ord. 67-012)