Article III — DOCUMENTARY TRANSFER TAX

of the Revenue and Taxation Code, there is hereby

imposed on each deed, instrument or writing by which any lands, tenements, or other realty sold within the County of Lake 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 (100) dollars a tax at the rate of fifty-five (55) cents for each five hundred (500) dollars or fractional part thereof.

(Ord. No. 510, § 2, 1967)

Health and Safety Code of the State of California, and subject to local property taxation shall be subject to the requirements of section 18-25.1.

(Ord. No. 1409, § 2, 9-11-84)

document or instrument subject to the tax, or for whose use or benefit the same is made, signed or issued.

(Ord. No. 510, § 3, 1967; Ord. No. 1409, § 1, 9-11-84)

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. No. 510, § 5, 1967; Ord. No. 1409, § 3, 9-11-84)

conveyances to make effective any plan of reorganization or adjustment as follows:

(a)

Confirmed under the Federal Bankruptcy Act, as amended;

(Ord. No. 510, § 6, 1967)

(b)

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

(Ord. No. 510, § 6, 1967)

(c)

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

(Ord. No. 510, § 6, 1967)

(d)

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

(Ord. No. 510, § 6, 1967)

or filing of instruments of transfer or conveyances occurs within five years from the date of such

confirmation, approval or change.

(Ord. No. 510, § 6, 1967)

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 is 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;

(Ord. No. 510, § 7, 1967)

(b)

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

(Ord. No. 510, § 7, 1967)

(c)

Such conveyance is made in obedience to such order.

(Ord. No. 510, § 7, 1967)

reason of any transfer of an interest in the partnership or otherwise, if:

(a)

Such partnership (or other partnership) is considered a continuing partnership within the meaning of Section 708 of the Internal Revenue Code of 1954.

(Ord. No. 510, § 8, 1967)

(b)

Such continuing partnership continues to hold the realty concerned.

(Ord. No. 510, § 8, 1967)

Code of 1954, for purpose 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.

(Ord. No. 510, § 8, 1967)

in provision 26.7, and any transfer pursuant thereto, with respect to the realty held by such partnership at the time of termination.

(Ord. No. 510, § 8, 1967)

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 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 other writing or stated in an affidavit or declaration under penalty of perjury for tax purposes.

(Ord. No. 1409, § 4, 9-11-84)

(a)

Any tax imposed pursuant to this article shall not apply with respect to any deed, instrument, or other writing which purports to transfer, divide, or allocate community, quasi-community, or 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 a judgment decreeing a dissolution of 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 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 any of those judgments or orders.

(b)

In order to qualify for the exemption provided in subdivision (a), 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. 1409, § 5, 9-11-84)

Revenue and Taxation Code equal to one-half the amount specified in Section 25 of this article a credit shall be granted against the taxes due under this article in the amount of the city's tax.

(Ord. No. 510, § 9, 1967)

city in the County pursuant to Part 6.7 (commencing with Section 11901) of Division 2 of the Revenue and Taxation Code imposing a tax for which a credit is allowed by this article.

(Ord. No. 510, § 11, 1967; Ord. No. 1409, § 7, 9-11-84)

of taxes collected during the preceding month pursuant to this article and each such city ordinance.

(Ord. No. 518, § 3, 1968; Ord. No. 1409, § 8, 9-11-84)

(a)

All monies which relate to transfers of real property located in the unincorporated territory of the county shall be allocated to the county.

(Ord. No. 510, § 11, 1967)

(b)

All monies which relate to transfers of real property located in a city in the county which has imposed a tax pursuant to said Part 6.7 shall allocate one-half to such city and one-half to the county.

(Ord. No. 510, § 11, 1967)

(c)

All monies which relate to transfers of real property located in a city in the county which imposes a tax on transfers of real property not in conformity with said Part 6.7 shall be allocated to the county.

(Ord. No. 510, § 11, 1967)

(d)

All monies which relate to transfers of real property in a city in the county which does not impose a tax on transfers of real property shall be allocated to the county.

(Ord. No. 510, § 11, 1967; Ord. No. 1409, § 9, 9-11-84)

article unless the tax is paid. 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 Recorder after the permanent record is made and before the original is returned as specified in Section 27321 of the Government Code.

(Ord. No. 518, § 4, 1968; Ord. No. 1409, § 10, 9-11-84)

article, and is not made specifically exempt by section 18-26, is presented for recordation with a Documentary Transfer Tax declaration which indicates that no tax is due, the party requesting recordation of the deed, instrument, or other writing shall complete a "Claim for Exemption from Documentary Transfer Tax" form indicating the reason that no Documentary Transfer Tax is due. Said form shall not be returned by the County Recorder.

(Ord. No. 1409, § 11, 9-11-84)

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. If said lands, tenements or other realty are located in the unincorporated area of the county, that fact shall be set forth.

(Ord. No. 510, § 12, 1967)

Chapter 5 (commencing with Section 5096) of Part 9 of Division 1 of the Revenue and Taxation Code.

(Ord. No. 510, § 14, 1967)

Documentary Stamp Tax Treasury Department which relate to the Tax on Conveyances and identified as Sections 47.4361-1, 47.4361-2 and 47.4362-1 of Part 47 of Title 26 of the Code of Federal Regulations, as the same existed on November 8, 1967, except that for the purpose of this article, the determination or scope of that term under state law.

(Ord. No. 510, § 15, 1967)

has not been paid, he may, by notice served upon any person liable therefor, require him to furnish a true copy of his records relevant to the amount of the consideration or value of the interest or property conveyed.

(Ord. No. 510, § 16, 1967)

(a)

Every deed, instrument or writing by which lands, tenements or other realty in Lake County is sold, granted, assigned, transferred or otherwise conveyed shall have noted thereon its assessor's parcel number. The recorder shall not record any such deed, instrument or writing unless the assessor's parcel number is noted on it. The person who requests that such a document be recorded is charged with providing the recorder with the correct assessor's parcel number.

(b)

The number required by this section shall be used solely for administrative and procedural purposes. It shall not constitute proof of title. In the event of conflicts, the stated legal description shall govern.

(c)

The validity of any such deed, instrument or writing shall not be affected by the fact that the assessor's parcel number noted on it is erroneous or is omitted, and no liability shall attach to any person for such an

error or omission.

(Ord. No. 1224, § 1, 12-15-81)

accepted and who submits or causes to be submitted for recordation any deed, instrument or writing subject to the tax imposed by this article and makes any material misrepresentation of fact for the purpose of avoiding all or any part of the tax imposed by this article shall be guilty of a misdemeanor.

(Ord. No. 510, § 17, 1967)

designating the location of the lands, tenements or other realty described in a document subject to the tax imposed by this article.

(Ord. No. 510, § 17, 1967)