Chapter 10 — DOCUMENTARY STAMP TAX

Section

1-10-1 Title

1-10-2 Tax imposed, exceptions

1-10-3 Exemptions from tax

1-10-4 Administration of tax

1-10-5 Refunds

1-10-6 Operative date

This chapter shall be known as the “Real Property Transfer Tax Ordinance of the City of Livingston”. It is adopted pursuant to the authority contained in Cal. Revenue and Taxation Code Part 6.7 (commencing with § 11901) of Division 2.

(Ord. 331, passed 5-19-1987)

(A) Tax imposed.

1. There is hereby 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 by his or her directions, 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, a tax at the rate of $0.275 for each $500 or fractional part thereof.

   2. Any tax imposed pursuant to this subsection (A) 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.

(B) Exceptions.

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

2. The United States or any agency or instrumentality thereof, any state or territory or 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, but the tax may be collected by assessment from any other party liable therefor.

(Ord. 331, passed 5-19-1987)

(A) 1. 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:

(a) Confirmed under the federal Bankruptcy Code, being 11 U.S.C., as amended;

(b) Approved in an equity receivership proceeding in a court involving a railroad corporation, as defined in 11 U.S.C. §

205(m), as amended;

(c) Approved in an equity receivership proceeding in a court involving a corporation, as defined in 11 U.S.C. § 506(3), as

amended; or

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

2. Subsections (A)1.(a) to (A)1.(d), 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.

(B) 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 the Internal Revenue Code § 1083(a) of 1954; but only if:

1. The order of the Security and Exchange Commission in obedience to which such conveyance is made recites that such

conveyance is necessary or appropriate to effectuate the provisions of 15 U.S.C. § 79k, relating to the Public Utility Holding Company Act of 1935;

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

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

(C) 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 the Internal

Revenue Code § 708 of 1954; and

2. Such continuing partnership continues to hold the realty concerned.

(D) If there is a termination of any partnership within the meaning of the Internal Revenue Code § 708 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.

(E) Not more than one tax shall be imposed pursuant to this chapter by reason of a termination described in subsection (D) of this section, and any transfer pursuant thereto, with respect to the realty held by such partnership at the time of such termination.

(Ord. 331, passed 5-19-1987)

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

(Ord. 331, passed 5-19-1987)

Claims for refund of taxes imposed pursuant to this chapter shall be governed by the provisions of Cal. Revenue and Taxation Code Division 1, Part 9, Chapter 5 (commencing with § 5096).

(Ord. 331, passed 5-19-1987)

This chapter shall become operative upon the operative date of any ordinance adopted by the County of Merced, pursuant to Cal. Revenue and Taxation Code Part 6.7 (commencing with § 11901) of Division 2, or upon the effective date hereof, whichever is the later.

(Ord. 331, passed 5-19-1987)