Fremont Municipal Code Art. IV Real Property Transfer Tax

This article shall be known as the “real property transfer tax ordinance of the city of Fremont.” It is adopted pursuant to the authority contained in Cal. Rev. & Tax. Code Division 2, Part 6.7 (commencing with Section 11901). (Ord. 643 § 1. 1990 Code § 2-6400.)

There is hereby imposed on each deed, instrument or writing by which any lands, tenements, or other realty sold within the city of Fremont shall be granted, assigned, transferred or otherwise conveyed to, or vested in, the purchaser or purchasers, or any other person or persons, by his/her 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. 643 § 1; amended during 2012 reformat. 1990 Code § 2-6401.)

Any tax imposed pursuant to Section 3.10.410 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. 643 § 1. 1990 Code § 2-6402.)

Any tax imposed pursuant to this article shall not apply to any instrument in writing given to secure a debt. (Ord. 643 § 1. 1990 Code § 2-6403.)

Any deed, instrument or writing to which the United States or any agency or instrumentality thereof, any state or territory, or political subdivision thereof is a party shall be exempt from any tax imposed pursuant to this article when the exempt agency is acquiring title. (Ord. 643 § 1; Ord. 760 § 1, 1-20-70. 1990 Code § 2-6404.)

Any tax imposed pursuant to 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 United States Code Title 11, Section 205(m), as amended;

(c) Approved in an equity receivership proceeding in a court involving a corporation, as defined in United States Code, Title 11, Section 506(3), as amended; or

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

Subsections (a) through (d), inclusive, of this section 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. 643 § 1. 1990 Code § 2-6405.)

Any tax imposed pursuant to 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 Internal Revenue Code Section 1083(a), 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 United States Code Title 15, Section 79k, 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. 643 § 1. 1990 Code § 2-6406.)

(a) In the case of any realty held by a partnership, no levy shall be imposed pursuant to 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 Internal Revenue Code Section 708; and

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

(b) If there is a termination of any partnership within the meaning of Internal Revenue Code Section 708, for 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) Not more than one tax shall be imposed pursuant to 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. (Ord. 643 § 1. 1990 Code § 2-6407.)

The county recorder shall administer this article in conformity with the provisions of Cal. Rev. & Tax. Code Division 2, Part 6.7, and the provisions of any county ordinance adopted pursuant thereto. (Ord. 643 § 1. 1990 Code § 2-6408.)

Claims for refund of taxes imposed pursuant to this article shall be governed by the provisions of Cal. Rev. & Tax. Code Division 1, Part 9, Chapter 5 (commencing with Section 5096). (Ord. 643 § 1. 1990 Code § 2-6409.)