Los Angeles County Municipal Code Ch. 4.60 Documentary Transfer Tax

The ordinance codified in this chapter shall he known as the "real property transfer tax ordinance of the county of Los Angeles." It is adopted pursuant to Part 6.7 (commencing with Section 11901) of Division 2 of the Revenue and Taxation Code.

(Ord. 9443 § 1, 1967.)

There is imposed on each deed, instrument or writing by which any lands, tenements or other realty sold within the county of Los Angeles 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 $.55 for each $500.00 or fractional part thereof.

(Ord. 9443 § 2. 1967.)

The tax imposed by Section 4.60.020 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. 9443 § 3, 1967.)

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

(Ord. 9443 § 4, 1967.)

Any deed, instrument or writing submitted to the registrar-recorder for recordation 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.

(Ord. 9898 § 1, 1969: Ord. 9443 § 5, 1967.)

A.

The 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:

Confirmed under the Federal Bankruptcy Act, as amended;

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;

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

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

B.

Subsections 1 through 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.

(Ord. 9443 § 6, 1967.)

The 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.

(Ord. 9443 § 7, 1967.)

A.

In the case of any realty held by a partnership, no tax shall be imposed pursuant to this chapter by reason of any transfer of an interest in the partnership or otherwise, if:

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

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.

(Ord. 9443 § 8, 1967.)

If the legislative body of any city in the county imposes a tax pursuant to Part 6.7 of Division 2 of the Revenue and Taxation Code equal to one-half the amount specified in Section 4.60.020 of this chapter, a credit shall be granted against the taxes due under this chapter in the amount of the city's tax.

(Ord. 9443 § 9, 1967 )

The registrar-recorder shall repurchase any unused documentary tax stamps sold by him prior to July 1, 1968. The registrar- recorder shall accept in payment of the tax any such stamps affixed to a document offered for recordation and shall cancel the stamps so affixed.

(Ord. 9573 § 2, 1968: Ord. 9443 § 10, 1967.)

A.

The registrar-recorder shall administer this chapter and also shall administer any ordinance adopted by any city in the county pursuant to Part 6.7 (commencing with Section 119011 of Division 2 of the Revenue and Taxation Code imposing a tax for which credit is allowed by this chapter.

B.

On or before the 15th day of the month, the registrar-recorder shall report to the county auditor the amount of taxes collected during the preceding month pursuant to this chapter and each such city ordinance.

C.

The auditor shall allocate and distribute monthly said taxes as follows:

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

All moneys 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 be allocated one-half to such city and one-half to the county.

All moneys 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.

All moneys 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. 9573 § 3, 1968; Ord. 9443 § 11, 1967.)

A.

The Registrar-Recorder shall not record any deed, instrument or writing subject to the tax imposed pursuant to this chapter unless the tax is paid at the time of 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 in compliance with Revenue and Taxation Code section 11932, and the Registrar Recorder may rely on said declaration if the Registrar-Recorder 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 either was, or was not, exclusive of the value of a lien or encumbrance remaining on the interest or property conveyed at the time of sale. Failure to collect the tax due shall not affect the constructive notice otherwise imparted by recording a deed, instrument, or writing.

B.

Every document subject to tax under the provisions of this chapter that is submitted for recordation shall show on the face of the document the incorporated or unincorporated location of the lands, tenements or other realty described in the document.

(Ord. 2015-0012 § 1, 2015: Ord. 84-0157 § 2, 1984: Ord. 9898 § 2, 1969; Ord. 9573 § 4, 1968; Ord. 9443 § 12, 1967.)

A.

Prior to recordation, each deed, instrument or writing by which lands, tenements or other realty is sold, granted, assigned, transferred or otherwise conveyed, shall have noted upon it the assessment roll description of the real property, consisting of the Map Book page and parcel number as shown on the current assessment roll or the latest tax bill. The Map Book page and parcel number will be used only for administrative and procedural purposes and will not be proof of title, and in the event of any conflicts the stated legal description noted upon the document shall govern.

B.

The validity of such a document shall not be affected by the fact that such Map Book page and parcel number is erroneous or omitted, and there shall be no liability attaching any person for an error in such numbers or for omission of such numbers.

C.

A parcel which has been created by the division of an existing parcel and which at the time of recordation has no separate parcel number shall have noted upon it the Map Book page and the words "portion of" and the parcel number of the parcel from which it was created.

D.

The types of documents required by this chapter to have the Map Book page and parcel number noted upon them shall include, but not be limited to the following:

Affidavits relating to real property;

Certificates of redemption from tax collector;

Certificates of sale of real estate;

Court orders relating to real property;

Dedications of property (other than maps);

Deeds;

Land sale contracts (including amendments and assignments thereof);

Leases relating to real property;

Reconveyance deeds relating to land sale contracts; and

Trust deeds and mortgages.

(Ord. 12042 § 1, 1979: Ord. 9443 § 20, 1967.)

Claims for refunds 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 Revenue and Taxation Code.

(Ord. 9443 § 14, 1967.)

Whenever the county registrar-recorder has reason to believe that the full amount of tax due under this chapter 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. 9573 § 6 (part), 1968; Ord. 9443 § 16, 1967.)

A.

Any person (or persons) who makes, signs, issues or accepts or causes to be made, signed, issued or accepted and who submits or causes to be submitted for recordation any deed, instrument or writing subject to the tax imposed by this chapter and makes any material misrepresentation of fact for the purpose of avoiding all or any part of the tax imposed by this chapter shall be guilty of a misdemeanor.

B.

No person or persons shall be liable, either civilly or criminally, for any unintentional error made in designating the location of the lands, tenements or other realty described in a document subject to the tax imposed by this chapter.

(Ord. 9443 § 17, 1967.)

The provisions set out in this chapter shall become operative at 12:01 a.m., on January 1, 1968.

(Ord. 9443 § 18, 1967.)