Morgan Hill Municipal Code Ch. 3.16 Documentary Stamp Tax

The ordinance codified in this chapter shall be known as the "Real Property Transfer Tax Ordinance of the City." The ordinance codified in this chapter is adopted pursuant to the authority contained in Part 6.7 (commencing with Section 11901) of Division 2 of the Revenue and Taxation Code of the state.

(Ord. 223 N.S. § 1, 1967)

The county recorder shall administer the provisions of this chapter in conformity with the provisions of Part 6.7 of Division 2 of the Revenue and pursuant thereto.

(Ord. 223 N.S. § 9, 1967)

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 one hundred dollars, a tax at the rate of twenty-seven and one-half cents for each five hundred dollars or fractional part thereof.

(Ord. 777 N.S. § 1, 1986: Ord. 223 N.S. § 2, 1967)

Any tax imposed pursuant to Section 3.16.030 of this chapter 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. Notwithstanding the foregoing, any deed, instrument or writing taken in lieu of foreclosure pursuant to Revenue and Taxation Code Section 11926 and meeting the requirements of Section 11926, and 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 or any other judgment which meets the requirements of Revenue and Taxation Code Section 11927 shall be exempt and shall not be liable for any tax imposed pursuant to this chapter with respect to any deed, instrument or writing to which they are a party.

(Ord. 777 N.S. § 2, 1986: Ord. 223 N.S. § 3, 1967)

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

(Ord. 223 N.S. § 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 to which it is a party.

(Ord. 777 N.S. § 3, 1986: Ord. 223 N.S. § 5, 1967)

A. Any tax imposed pursuant to this chapter shall not apply to 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 subdivision (m) of Section 205 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 subdivision (3) of Section 506 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 (a) through (d) of this section, inclusive, shall only apply if the making, delivery or filing of instruments or transfer or conveyances occurs within five years from the date of such confirmation, approval or change.

(Ord. 223 N.S. § 6, 1967)

Any tax imposed pursuant to the provisions of 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. 223 N.S. § 7, 1967)

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 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 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. 223 N.S. § 8, 1967)

Claims for refund 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 of the state.

(Ord. 223 N.S. § 10, 1967)

The ordinance codified in this chapter shall become operative at 12:01 a.m., on January 1, 1968.

(Ord. 223 N.S. § 11, 1967)

Upon its adoption the city clerk shall file two certified copies of the ordinance codified in this chapter with the county recorder.

(Ord. 223 N.S. § 12, 1967)