Mission Viejo Municipal Code Ch. 3.22 Real Property Documentary Transfer Tax

This chapter shall be known as the "Real Property Transfer Tax Ordinance of the City." It is adopted pursuant to the authority contained in Revenue and Taxation Code § 11901 et seq.

(Code 1988, § 3.22.010)

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 $0.275 for each $500.00 of consideration or value or fractional part thereof.

(Code 1988, § 3.22.020)

State Law reference— Similar provisions, Revenue and Taxation Code § 11911(b).

Any tax imposed pursuant to section 3.22.020 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.

(Code 1988, § 3.22.030)

State Law reference— Similar provisions, Revenue and Taxation Code § 11912.

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

(Code 1988, § 3.22.040)

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

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.

(Code 1988, § 3.22.050)

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

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.

Subsections (1) to (4), inclusive, 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.

(Code 1988, § 3.22.060)

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.

(Code 1988, § 3.22.070)

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

(a) 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 Section 708 of the Internal Revenue Code of 1954; and

(2) 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 of encumbrances 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), and any transfer pursuant thereto with respect to the realty held by such partnership at the time of such termination.

(Code 1988, § 3.22.080)

The county recorder shall administer this chapter in conformity with the provisions of Revenue and Taxation Code § 11901 et seq. and the provision of any county ordinance adopted pursuant thereto.

(Code 1988, § 3.22.090)

Claims for refund of taxes imposed pursuant to this chapter shall be governed by Revenue and Taxation Code §§ 5096—5170.

(Code 1988, § 3.22.100)

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 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 accrued interest and cost of foreclosure. Consideration, unpaid debt amount and identification of grantee as beneficiary or mortgagee shall be noted on such deed, instrument or writing or stated in an affidavit or declaration under penalty of perjury for tax purposes.

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, 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 the marriage or legal separation, by a judgment of nullity, or by any other judgment or order rendered pursuant to Civil Code §§ 4000—5317, 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 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.

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

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 agency or instrumentality of either thereof, pursuant to an agreement whereby the purchaser agrees to immediately reconvey the realty to the exempt agency.

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 government unit, within the meaning of Section 1.103-1(b) of Title 26 of the Code of Federal Regulations.

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