Chapter 2 — REAL PROPERTY REVENUE TRANSFER TAX

This Chapter shall be known as the "Real Property Transfer Tax Ordinance of the County of Nevada." It is adopted pursuant to Cal. Rev. & Tax Code §§ 11901—11935.

(Ord. 2526. (06/13/2023))

There is hereby imposed on each deed, instrument or writing by which any lands, tenements, or other realty sold within the County shall be granted, assigned, transferred, or otherwise conveyed to or vested in the purchaser or purchasers or any other person or persons by 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) exceed an amount to be set by resolution of the Board of Supervisors.

(Ord. 2526. (06/13/2023))

The tax imposed on each deed, instrument or writing by which any lands, tenements, or other realty sold within the County shall be granted, assigned, transferred, or otherwise conveyed to or vested in the purchaser or purchasers or any other person or persons by 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) 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. 2526. (06/13/2023))

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

(Ord. 2526. (06/13/2023))

Any deed, instrument, or writing 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. 2526. (06/13/2023))

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.

A.

Confirmed under the Federal Bankruptcy Act, as amended;

B.

Approved in an equity receivership proceeding in a court involving a railroad corporation, as defined in Subdivision (m) of Sec. 205 of Title 11 of the United States Code, as amended;

C.

Approved in an equity receivership proceeding in a court involving a corporation, as defined in Subdivision (3) of Sec. 506 of Title 11 of the United States Code, as amended; or

D.

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

Subsections A—D, inclusive, of this Section shall only apply if the making, delivery or filing of instruments of transfer or conveyances occurs within five (5) years from the date of such confirmation, approval or change.

(Ord. 2526. (06/13/2023))

The tax imposed pursuant to this Chapter shall not apply to the making or delivery of conveyances to make effective any court or regulatory body mandate or order if any.

A.

The order, in obedience to which such conveyance is made, recites that such conveyance is necessary or appropriate to effectuate the provisions of State and Federal laws;

B.

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

C.

Such conveyance is made in obedience to such order.

(Ord. 2526. (06/13/2023))

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 Sec. 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 Sec. 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 (1) 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.

(Ord. 2526. (06/13/2023))

If the legislative body of any city in the County imposes a tax pursuant to Cal. Rev. & Tax Code §§ 11901— 11935 equal to one-half (½) the amount specified in this Chapter, a credit shall be granted against the taxes due under this Chapter in the amount of the city's tax.

(Ord. 2526. (06/13/2023))

The County Clerk-Recorder shall repurchase any unused adhesive stamps or unused Documentary Tax Stamps sold prior to July 1, 1968. The County Clerk-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. 2526. (06/13/2023))

The County Clerk-Recorder shall administer this Chapter and shall also administer any ordinance adopted by any city in the County pursuant to Cal. Rev. & Tax Code §§ 11901—11935 imposing a tax for which a credit is allowed by this Chapter.

On or before the fifteenth day of the month the County Clerk-Recorder shall report to the County Auditor the amounts of taxes collected during the preceding month pursuant to this Section and each such city ordinance.

(Ord. 2526. (06/13/2023))

The Recorder shall not record any deed, instrument or writing subject to the tax imposed by this Chapter unless the tax is paid. If the party submitting the document so requests, the amount of tax due shall be shown 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 Cal. Gov't Code § 27321.

Every document subject to tax hereunder which is submitted for recordation shall show on the face of the document or in a separate document the amount of taxes due under this Chapter and the County Clerk- Recorder may rely thereon.

Every document subject to tax hereunder which is submitted for recordation shall show on the face of the document, or in a separate document, the location of the lands, tenements or other realty described in the document. If such lands, tenements or other realty are located within a city in the County, the name of the city shall be set forth. If such lands, tenements or other realty are located in the unincorporated area of the County of Nevada, that fact shall be set forth.

(Ord. 2526. (06/13/2023))

Claims for refunds of taxes imposed pursuant to this Chapter shall be governed by the provisions of Cal. Rev. & Tax Code §§ 5096—5170.

(Ord. 2526. (06/13/2023))

In the administration of this Chapter the Recorder shall interpret its provisions consistently with those Documentary Stamp Tax regulations adopted by the Internal Revenue Service of the United States Treasury Department which relate to the tax on conveyances and identified as Sections 47.4361-1, 47.4361-2 and 47.4362-1 of Part 47 of Title 26 of the Code of Federal Regulations, as the same existed on November 8, 1967, except that for the purposes of this Chapter, the determination of what constitutes "realty" shall be determined by the definition or scope of that term under State law.

(Ord. 2526. (06/13/2023))

Whenever the County Clerk-Recorder has reason to believe that the full amount of tax due under this Chapter has not been paid, they may, by notice served upon any person liable therefor, require them to furnish a true copy of their records relevant to the amount of the consideration or value of the interest or property conveyed.

(Ord. 2526. (06/13/2023))

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.

(Ord. 2526. (06/13/2023))

This Chapter shall become operative at 12:01 a.m. on January 1, 1968.

(Ord. 2526. (06/13/2023))

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 tax roll parcel number. The 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. 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.

If said lands, tenements, or other realty are located within a city in the County, the name of the city shall be set forth. If said lands, tenements, or other realty are located in the unincorporated area of the County, that fact shall be set forth.

The County Clerk-Recorder shall not record any deed, instrument or writing in this Section until such information is provided.

(Ord. 2526. (06/13/2023))