Hesperia Municipal Code Ch. 3.12 Real Property Transfer Tax

This chapter shall be known as the "Real Property Transfer Tax Ordinance of the City of Hesperia." 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. 7 § 1, 1988)

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 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.

(Ord. 7 § 2, 1988)

Any tax imposed pursuant to Section 3.12.020 shall be paid by any person who makes, signs or issues any document or instrument subject to the tax, or whose use or benefit the same is made, signed or issued.

(Ord. 7 § 2, 1988)

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

A. Instruments given to secure a debt (Revenue and Taxation Code Section 11921);

B. Instruments of the United States or agencies or instrumentalities thereof (Revenue and Taxation Code Section 11922);

C. Conveyances under reorganization or adjustment plans (Revenue and Taxation Code Section 11923);

D. Exemptions required by Revenue and Taxation Code Sections 11927, 11928 and 11929;

E. Conveyances under order of Securities and Exchange Commission (Revenue and Taxation Code Section 11924);

F. Transfers of certain partnership property (Revenue and Taxation Code Section 11925);

G. Instruments taken in lieu of foreclosure (Revenue and Taxation Code Section 11926);

As these sections of the Revenue and Taxation Code may be from time to time amended.

(Ord. 250 Exh. A (part), 1998; Ord. 7 § 4, 1988)

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 any county ordinances adopted pursuant thereto.

(Ord. 7 § 5, 1988)

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. 7 § 6, 1988)