Mono County Municipal Code Ch. 3.24 Real Property Transfer Tax

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

(Ord. 379 § 1, 1967.)

There is imposed on each deed, instrument or writing by which any lands, tenements or other realty sold within the county is 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 dollars, a tax at the rate of fifty-five cents for each five hundred dollars or fractional part thereof.

For purposes of this section, the definition of "realty sold" includes, but is not limited to, a change in ownership as currently set forth in Part 0.5, commencing with Section 60 of Division 1 of the Revenue and Taxation Code, with special reference to Sections 64(c) and 64(d). For the purposes of this section "lien or encumbrances" means third-party liens or encumbrances that are not accounted for in the financing of the property transaction, but does not mean financing mechanisms for the property transfer, such as the purchaser assuming a mortgage or loan on the property held by the seller.

(Ord. 379 § 2, 1967.)

(Ord. No. 13-01, § 1, 5-7-2013)

The tax imposed by Section 3.24.020 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. 379 § 3, 1967.)

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

(Ord. 379 § 4, 1967.)

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 by which an exempt agency acquires title, but the tax may be collected by assessment from any other party liable therefor.

(Ord. 81-493 § 7, 1981; Ord. 379 § 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:

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 Section 101 of 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 Section 101 of 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. Subsections 1 to 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.

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

(Ord. 81-493 § 12, 1981; Ord. 379 § 6, 1967.)

(Ord. No. 13-01, § 2, 5-7-2013)

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. 379 § 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:

1. Such partnership (or other partnership) is considered a continuing partnership within the meaning of Section 708 of the Internal Revenue Code of 1986, as may be amended; 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 1986, as may be amended, 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, and any transfer pursuant thereto, with respect to the realty held by such partnership at the time of such 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 method of holding title to the realty and in which proportional ownership interests in realty, whether represented by stock, membership interest, partnership interest, co-tenancy interest, or otherwise directly or indirectly, remain the same immediately after the transfer.

(Ord. 379 § 8, 1967.)

(Ord. No. 13-01, §§ 3—5, 5-7-2013)

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 3.24.020, a credit shall be granted against the taxes due under this chapter in the amount of the city's tax.

(Ord. 379 § 9, 1967.)

A. The tax imposed pursuant to this chapter shall not apply to any deed, instrument or writing which transfers, divides or allocates community, quasi-community or quasi-marital property assets between spouses for purposes of effecting a division of the same, which is required by a judgment decreeing a dissolution or legal separation, by a judgment of nullity or by any other judgment or order rendered pursuant to the Family Code, or by a written agreement between the spouses, executed in contemplation of any such judgment or order, whether or not it is incorporated as part of any such judgment or order.

B. In order to qualify for the exemption provided in subsection A, the deed, instrument or writing shall include a written recital, signed by either spouse, stating that it is entitled to the exemption.

(Ord. No. 13-01, § 6, 5-7-2013)

Editor's note— Ord. No. 13-01, § 6, adopted May 7, 2013, in effect repealed the former § 3.24.100, and enacted a new § 3.24.100 as set out herein. The former § 3.24.100 pertained to unused stamps—repurchase and derived from Ord. No. 379, 1967 and Ord. No. 379-A, 1968.

The 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 of California, any political subdivision thereof, or agency or instrumentality of either thereof, pursuant to an agreement whereby the purchaser agrees to immediately re-convey the realty to the exempt agency.

(Ord. No. 13-01, § 7, 5-7-2013)

Editor's note— Ord. No. 13-01, § 7, adopted May 7, 2013, in effect repealed the former § 3.24.110, and enacted a new § 3.24.110 as set out herein. The former § 3.24.110 pertained to collection report required and derived from Ord. No. 379, 1967 and Ord. No. 379-A, 1968.

The tax imposed pursuant to this chapter shall not apply with respect to any deed, instrument or other writing by which the State of California, 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 Section 1.103-1(b) of Title 26 of the Code of Federal Regulations.

(Ord. No. 13-01, § 8, 5-7-2013)

Editor's note— Ord. No. 13-01, § 8, adopted May 7, 2013, in effect repealed the former § 3.24.120, and enacted a new § 3.24.120 as set out herein. The former § 3.24.120 pertained to nonpayment action and derived from Ord. No. 379, 1967 and Ord. No. 379-A, 1968.

Editor's note— Ord. No. 13-01, § 9, adopted May 7, 2013, repealed the former § 3.24.130, which pertained to refund claims and derived from Ord. No. 379, 1967 and Ord. No. 379-A, 1968.

Except as otherwise provided by law, every person who records a deed, instrument, or writing, on behalf of him/herself or an entity, which he/she claims is exempt from the tax imposed pursuant to this chapter, shall declare in writing, under penalty of perjury, in the manner and form prescribed by the recorder, the reason why it is exempt under law.

(Ord. No. 13-01, § 10, 5-7-2013)

Editor's note— Ord. No. 13-01, § 10, adopted May 7, 2013, in effect repealed the former § 3.24.140, and enacted a new § 3.24.140 as set out herein. The former § 3.24.140 pertained to provisions interpretation and derived from Ord. No. 379, 1967 and Ord. No. 379-A, 1968.

A. Every 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 tax roll parcel number. The 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 parcel number is erroneous or omitted, and there shall be no liability attaching to any person for an error in such number or for omission of such number.

C. The recorder shall not accept any deed, instrument or conveyance for recording unless the tax roll parcel number has been noted upon it. A parcel which has been created by the division of an existing parcel and which at the time of recording has no separate parcel number shall have noted upon it the words "portion of" and the parcel number of the parcel from which it was created.

(Ord. No. 13-01, § 11, 5-7-2013)

Editor's note— Ord. No. 13-01, § 11, adopted May 7, 2013, in effect repealed the former § 3.24.150, and enacted a new § 3.24.150 as set out herein. The former § 3.24.1500 pertained to records exposure required when and derived from Ord. No. 379, 1967 and Ord. No. 379-A, 1968.

The recorder shall not record any deed, instrument, or writing subject to the tax imposed by this chapter unless the tax is paid. A declaration of the amount of tax due, signed by the party determining the tax or his/her/its agent, shall appear on the face of the document. The declaration shall include a statement that the consideration or value on which the tax due was computed was, or that it was not, exclusive of the value of a lien or encumbrance remain on the interest or property conveyed at the time of sale. If the party submitting the document so requests, the declaration may be made 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 Government Code Section 27321.

(Ord. No. 13-01, § 12, 5-7-2013)

Editor's note— Ord. No. 13-01, § 12, adopted May 7, 2013, in effect repealed the former § 3.24.160, and enacted a new § 3.24.160 as set out herein. The former § 3.24.160 pertained to tax roll parcel number requirements and derived from Ord. No. 379, 1967 and Ord. No. 379-A, 1968.

The recorder may rely on the declaration as to the amount of the tax due provided he/she has no reason to believe that the full amount of the tax due has not been paid. However, should the recorder become aware of information indicating that the full amount of the tax due has not been paid, after the recording of the deed, instrument, or writing subject to the tax imposed by this chapter, the recorder may, by notice served upon any person or entity liable therefor, require him/her/it to furnish a true copy of his/her/its records relevant to the amount of the consideration or value of the interest or property conveyed. The recorder may also demand that the person(s) and/or entity(s) liable for the tax pay the full amount of tax due, and the recorder may pursue said demand by any and all lawful means.

(Ord. No. 13-01, § 13, 5-7-2013)

Editor's note— Ord. No. 13-01, § 13, adopted May 7, 2013, in effect repealed the former § 3.24.170, and enacted a new § 3.24.170 as set out herein. The former § 3.24.170 pertained to violation a misdemeanor and derived from Ord. No. 379, 1967 and Ord. No. 379-A, 1968.

On or before the fifteenth day of the month the recorder shall report to the county auditor the amounts of taxes collected during the preceding month pursuant to this chapter and each city ordinance.

(Ord. No. 13-01, § 14, 5-7-2013)

Any person or person 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. 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. No. 13-01, § 15, 5-7-2013)

The amount of any tax imposed by this chapter shall be deemed a debt owed to the county. Any person or entity owing the tax shall be liable in an action brought in the name of the county for the recovery of such debt. The provisions of this section shall not be deemed a limitation upon the right of the county to bring any other action including criminal, civil, and equitable actions, based upon the failure to pay the tax imposed by this chapter or the failure to comply with any of the provisions hereof.

(Ord. No. 13-01, § 16, 5-7-2013)

Claims for refunds of taxes imposed pursuant to this chapter shall be governed by the provisions of Chapter 5 of Part 9 of Division 1 of the Revenue and Taxation Code (Revenue and Taxation Code Section 5096 et seq.).

(Ord. No. 13-01, § 17, 5-7-2013)