Laguna Woods Municipal Code Ch. 3.12 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 is adopted pursuant to the authority contained in Revenue and Taxation Code Div. 2., Pt. 6.7 (Revenue and Taxation Code § 11901 et seq.) Part 6.7. It incorporates by reference Revenue and Taxation Code §§ 11926, 11927, and 11928.

(Ord. No. 99-02, § 1(3.22.010), 3-24-1999)

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 $100.00, a tax at the rate of $.0275 for each $500.00 of consideration or value or fractional part thereof. The transfer of any mobile home installed on a foundation system, pursuant to Health and Safety Code § 18551, shall be subject to the tax.

(Ord. No. 99-02, § 1(3.22.020), 3-24-1999)

Any tax imposed pursuant to Section 3.12.020 of 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. 99-02, § 1(3.22.030), 3-24-1999)

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 to 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 said deed, instrument or writing or stated in the affidavit or declaration under penalty of perjury for tax purposes.

(Ord. No. 99-02, § 1(3.22.040), 3-24-1999)

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

(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, quasimarital property assets between spouses for the purpose of effecting a division of community, quasicommunity or quasimarital 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 Civil Code Div. 4, Pt. 5 (Civil Code § 4000 et seq.) 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. 99-02, § 1(3.22.042), 3-24-1999)

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

The United States or any agency or instrumentality thereof or any state or territory or any political subdivision thereof or the District of Columbia, shall not be liable for any tax imposed pursuant to this chapter with respect to any deed, instrument or writing to which it is a party or by which it acquires title to property.

(Ord. No. 99-02, § 1(3.22.050), 3-24-1999)

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. 99-02, § 1(3.22.052), 3-24-1999)

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 26 CFR 1.103(b).

(Ord. No. 99-02, § 1(3.22.054), 3-24-1999)

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:

(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 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 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) Subsection (a) of this section shall apply only 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. No. 99-02, § 1(3.22.060), 3-24-1999)

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 of 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. 99-02, § 1(3.22.070), 3-24-1999)

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 tax shall be imposed pursuant to this chapter 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 chapter 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. 99-02, § 1(3.22.080), 3-24-1999)

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

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

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

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.

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

The County Recorder shall administer this chapter in conformity with the provisions of Revenue and Taxation Code Div. 2., Pt. 6.7 (Revenue and Taxation Code § 11901 et seq.) and the provision of any County ordinance adopted pursuant thereto.

(Ord. No. 99-02, § 1(3.22.090), 3-24-1999)

Claims for refund of taxes imposed pursuant to this chapter shall be governed by the provisions of Revenue and Taxation Code Div. 1, Pt. 9, Ch. 5 (Revenue and Taxation Code § 5096 et seq.).

(Ord. No. 99-02, § 1(3.22.100), 3-24-1999)