Imperial Beach Municipal Code Ch. 3.16 Real Property Transfer Tax

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 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.

(Prior code Art. 291; prior code Am. No. 50 § 1, 1967)

Any tax imposed pursuant to Section 3.16.010 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.

(Prior code Art. 292; prior code Am. No. 50 § 1, 1967)

Any tax imposed pursuant to this chapter shall not apply with respect to any deed, instrument or writing to a beneficiary or mortgagee which is taken from the mortgagor or trustor as a result of or in lieu of foreclosure; provided, that such tax shall apply to the extent that the consideration exceeds the unpaid debt, including accrued interest and cost of foreclosure. Consideration, unpaid debt amount, and identification of grantee as beneficiary or mortgagee shall be noted on such deed, instrument or writing or stated in an affidavit or declaration under penalty of perjury for tax purposes.

(Prior code § 293; prior code Am. No. 50 § 1, 1967; Ord. 373 § 1, 1975; amended during 1991 republication)

A. Any tax imposed pursuant to this chapter shall not apply with respect to any deed, instrument or other writing which purports to transfer, divide or allocate community, quasicommunity or quasimarital property assets between spouses for the purpose of effecting a division of community, quasicommunity or quasimarital property which is required by a judgment decreeing a dissolution of the marriage or legal separation, by a judgment of nullity, or by any other judgment or order rendered pursuant to Part 5 (commencing with Section 4000) of Division 4 of the Civil Code, or by a written agreement between the spouses, executed in contemplation of any such judgment or order, whether or not the written agreement is incorporated as part of those judgments or orders.

B. In order to qualify for the exemption provided for herein, the deed, instrument or other writing shall include a writ-ten recital, signed by either spouse, stating that the deed, instrument or writing is entitled to the exemption.

(Added during 1991 republication)

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 chapter when the exempt agency is acquiring title.

(Prior code Art. 294; prior code Am. No. 50 § 1, 1967; Ord. 268 § 1, 1970; amended during 1991 republication)

Any tax imposed pursuant to this chapter shall not apply with respect to any deed, instrument or other writing by which the State of California, any political subdivision thereof, or agency or instrumentality of either thereof, pursuant to an agreement whereby the purchaser agrees to immediately reconvey the realty to the exempt agency.

(Added during 1991 republication)

Any tax imposed pursuant to this chapter shall not apply with respect to any deed, instrument or other writing by which the State of California, any political subdivision thereof, or agency or instrumentality of either thereof conveys to a nonprofit corporation realty, the acquisition, construction or improvement of which was financed or refinanced by obligations issued by the non-profit corporation on behalf of a governmental unit, within the meaning of Section 1.103(b) of Title 26 of the Code of Federal Regulations.

(Added during 1991 republication)

A. Any tax imposed pursuant to this chapter shall not apply to the making, delivering or filing of conveyances to make effective any plan of reorganization or adjustment:

1. Confirmed under the Federal Bankruptcy Act, as amended;

2. Approved in an equity receivership proceeding in a court involving a railroad corporation, as defined in subdivision (m) of Section 205 of Title 11 of the United States Code, as amended;

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

4. Whereby a mere change in identity, form or place of organization is effected.

B. Subsections (A)(1) through (A)(4), 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.

(Prior code Art. 295; prior code Am. No. 50 § 1, 1967; amended during 1991 republication)

Any tax imposed pursuant to this chapter shall not apply to the making or delivery of conveyances to make effective any order of the Securities and Exchange Commission, as defined in subdivision (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;

C. Such conveyance is made in obedience to such order.

(Prior code Art. 296; prior code Am. No. 50 § 1, 1967; amended during 1991 republication)

A. In the case of any realty held by a partnership, no levy shall be imposed pursuant to this chapter 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 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 Section 708 of the Internal Revenue Code of 1954, for purposes of this chapter, 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 chapter 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.

(Prior code Art. 297; prior code Am. No. 50 § 1, 1967; amended during 1991 republication)

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 ordinance adopted pursuant thereto.

(Prior code Art. 298; prior code Am. No. 50 § 1, 1967; amended during 1991 republication)

The County Recorder shall not record any deed, instrument or writing subject to the tax imposed by this chapter unless the tax is paid at the time of the recording. A declaration of the amount of tax due, signed by the party determining the tax, or his or her agent, shall appear on the face of the document or on a separate paper, and the recorder may rely thereon, provided he or she has no reason to believe that the full amount of the tax, due has not been paid. The declaration shall include a statement that the consideration or value on which the tax due was computed was, or that it was not, exclusive of the value of a lien or encumbrance remaining on the interest or property conveyed at the time of sale. If the party submitting the document so requests, the amount of tax due shall be shown on a separate paper which shall be affixed to the document by the County Recorder after the permanent record is made and before the original is returned as specified in Section 27321 of the Government Code.

(Prior code § 298.1; Ord. 373 § 2, 1975; amended during 1991 republication)

Every document subject to the tax under this chapter which is submitted for recordation shall show on the face of the document, or in a separate document, the location of the lands, tenements or other realty described in the document. If said lands, tenements or other realty are located within a City in the County, the name of the City shall be set forth.

(Prior code § 298.2; Ord. 373 § 3, 1975; amended during 1991 republication)

Claims for refund of taxes imposed pursuant to this chapter shall be governed by the provisions of Chapter 1.10 of this code.

(Prior code Art. 299; prior code Am. No. 50 § 1, 1967; amended during 1991 republication; Ord. 2001-974 § 2, 2001)