Jurupa Valley Municipal Code Ch. 3.30 Real Property Documentary Transfer Tax

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State Law reference— Documentary Transfer Tax Act, Revenue and Taxation Code § 11901 et seq.

This chapter shall be known as the "Jurupa Valley Real Property Transfer Tax." This chapter is adopted pursuant to the authority contained in the Documentary Transfer Tax Act (Rev. & Tax. Code Section 11901 et seq.).

(Ord. No. 2011-02, exh. A(3.30.010), 7-1-2011)

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, at the direction of such purchaser or purchasers, 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), a tax at the rate of twenty-seven and one-half cents ($0.275) for each five hundred dollars ($500) of consideration or value or fractional part thereof.

(Ord. No. 2011-02, exh. A(3.30.020), 7-1-2011)

State Law reference— Tax authorized, Revenue and Taxation Code § 11911.

Any tax imposed pursuant to this chapter 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. 2011-02, exh. A(3.30.030), 7-1-2011)

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 for 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 the grantee as beneficiary or mortgagee, shall be noted on each such deed, instrument or writing or stated in the affidavit or declaration under penalty of perjury for tax purposes.

(Ord. No. 2011-02, exh. A(3.30.040), 7-1-2011)

State Law reference— Similar provisions, Revenue and Taxation Code § 11926.

Any tax imposed pursuant to this chapter shall not apply to any instrument in writing given to secure a debt.

(Ord. No. 2011-02, exh. A(3.30.050), 7-1-2011)

State Law reference— Similar provisions, Revenue and Taxation Code § 11921.

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, quasi-community, quasi-marital property assets between spouses for the purpose of effecting a division of community, quasi-community or quasi-marital property which is required by judgment decreeing a dissolution of the marriage or legal separation, by judgment of nullity or by any other judgment or order rendered pursuant to the California Family 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 a part of any of those judgments or orders.

B. In order to qualify for the exemption provided in subsection (A) of this section, the deed, instrument or other writing shall include a written recital, signed by either spouse, stating that the deed, instrument or other writing is entitled to the exemption.

(Ord. No. 2011-02, exh. A(3.30.060), 7-1-2011)

State Law reference— Similar provisions, Revenue and Taxation Code § 11927.

Any deed, instrument or writing to which the United States or any agency 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.

(Ord. No. 2011-02, exh. A(3.30.070), 7-1-2011)

State Law reference— Similar provisions, Revenue and Taxation Code § 11922.

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

(Ord. No. 2011-02, exh. A(3.30.080), 7-1-2011)

State Law reference— Similar provisions, Revenue and Taxation Code § 11928.

Any tax imposed pursuant to this chapter shall not apply with respect to any deed, instrument or other writing by which the state, 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 nonprofit corporation on behalf of a governmental unit, within the meaning of Section 1.103-1(b) of Title 26 of the Code of Federal Regulations.

(Ord. No. 2011-02, exh. A(3.30.090), 7-1-2011)

State Law reference— Similar provisions, Revenue and Taxation Code § 11929.

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 that is any of the following:

(1) Confirmed under the Federal Bankruptcy Code, as amended.

(2) Approved in an equity receivership proceeding in a court involving a railroad corporation, as defined in Section 101 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 Section 101 of Title 11 of the United States Code, as amended.

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

B. Subsection (A) of this section shall only apply if the making, delivery, or filing of instruments of transfer or conveyances occurs within five (5) years from the date of the confirmation, approval, or change.

(Ord.No. 2011-02, exh. A(3.30.100), 7-1-2011)

State Law reference— Similar provisions, Revenue and Taxation Code § 11923.

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:

(1) 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 Section 79k of Title 15 of the United States Code, relating to the Public Utility Holding Company Act of 1935;

(2) Such order specifies the property which is ordered to be conveyed;

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

(Ord. No. 2011-02, exh. A(3.30.110), 7-1-2011)

State Law reference— Similar provisions, Revenue and Taxation Code § 11924.

A. In the case of any realty held by a partnership or other entity treated as a partnership for federal income tax purposes, no levy shall be imposed pursuant to this part by reason of any transfer of an interest in the partnership or other entity or otherwise, if both of the following occur:

(1) The partnership or other entity treated as a partnership is considered a continuing partnership within the meaning of Section 708 of the Internal Revenue Code of 1986;

(2) The continuing partnership or other entity treated as a partnership continues to hold the realty concerned.

B. If there is a termination of any partnership or other entity treated as a partnership for federal income tax purposes, within the meaning of Section 708 of the Internal Revenue Code of 1986, for purposes of this part, the partnership or other entity 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 the partnership or other entity at the time of the termination.

C. Not more than one (1) tax shall be imposed pursuant to this part by a county, city and county or city by reason of a termination described in subsection (B) of this section, and any transfer pursuant thereto, with respect to the realty held by a partnership or other entity treated as a partnership at the time of the termination.

D. No levy shall be imposed pursuant to this part by reason of any transfer between an individual or individuals and a legal entity or between legal entities that results solely in a change in the method of holding title to the realty and in which proportional ownership interests in the realty, whether represented by stock, membership interest, partnership interest, cotenancy interest, or otherwise, directly or indirectly, remain the same immediately after the transfer.

(Ord.No. 2011-02, exh. A(3.30.120), 7-1-2011)

State Law reference— Similar provisions, Revenue and Taxation Code § 11925.

Any tax imposed pursuant to this chapter shall not apply to any deed, instrument, or other writing which purports to grant, assign, transfer, convey, divide, allocate, or vest lands, tenements, or realty, or any interest therein, if by reason of such inter vivos gift or by reason of the death of any person, such lands, tenements, realty, or interests therein are transferred outright to, or in trust for the benefit of, any person or entity.

(Ord. No. 2011-02, exh. A(3.30.130), 7-1-2011)

State Law reference— Similar provisions, Revenue and Taxation Code § 11930.

All subsequent amendments to Chapter 3 (commencing with Section 11921) of Part 6.7 of Division 2 of the California Revenue and Taxation Code shall automatically become part of this chapter and be deemed incorporated by reference.

(Ord. No. 2011-02, exh. A(3.30.140), 7-1-2011)

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

(Ord. No. 2011-02, exh. A(3.30.150), 7-1-2011)

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 California Revenue and Taxation Code.

(Ord. No. 2011-02, exh. A(3.30.160), 7-1-2011)