Chapter 3.20 — REAL PROPERTY TRANSFER TAX

This chapter shall be known as the "Real Property Transfer Tax Ordinance of the City of El Paso de Robles." It 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 of California.

(Ord. 296 N.S. § 1,1967)

There is hereby imposed on each deed, instrument or writing by which any lands, tenements, or other realty sold within the city of El Paso de Robles 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. 296 N.S. § 2, 1967)

Any tax imposed pursuant to Section 3.20.020 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. 296 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. 296 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, but the tax may be collected by assessment from any other party liable therefor.

(Ord. 296 N.S. § 5, 1967)

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:

(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 Section 101 (Definitions) of Title 11 (Bankruptcy) of the United States Code, as amended;

(c)

Approved in an equity receivership proceeding in a court involving a corporation, as defined in Section 101 (Definitions) of Title 11 (Bankruptcy) of the United States Code, as amended; or

(d)

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

Subdivisions (a) to (d), 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. 296 N.S. § 6, 1967)

(Ord. No. 1063 N.S., § 9, 10-16-2018)

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 1953; 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. 296 N.S. § 7, 1967)

(a)

In the case of any realty held by a partnership or other entity treated as a partnership for federal income tax purposes, no levy shall be imposed pursuant to this due to any transfer of an interest in a partnership or other entity or otherwise, if both of the following occur:

(1)

Such partnership (or another partnership) or other entity treated as a partnership is considered a continuing partnership within the meaning of Section 708 of the Internal Revenue Code of 1986; and

(2)

Such continuing partnership or other entity treated as a partnership continues to hold the realty concerned.

(b)

If there is a termination of any partnership or other entity treated as a partnership for federal income tax purposes within the meaning of Section 708 of the Internal Revenue Code of 1986, for the purposes of this chapter, such partnership or other entity 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 thereof), all realty held by such partnership or other entity at the time of such termination.

(c)

Not more than one tax shall be imposed pursuant to this chapter due to a termination described in subdivision (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 part 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 the method of holding title to the realty and in which proportional ownership interests in the 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. 296 N.S. § 8, 1967)

(Ord. No. 1063 N.S., § 9, 10-16-2018)

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

(Ord. 296 N.S. § 9, 1967)

Claims for refund of taxes imposed pursuant to this ordinance 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 of California.

(Ord. 296 N.S. § 10, 1967)

This chapter shall become operative upon the operative date of any ordinance adopted by the county of San Luis Obispo, pursuant to Part 6.7 (commencing with Section 11901) of Division 2 of the Revenue and Taxation Code of the state of California, or upon December 18, 1967, whichever is the later.

(Ord. 296 N.S. § 11, 1967)

Editor's note— Ord. No. 1063 N.S., § 9, adopted Oct. 16, 2018, repealed § 3.20.120, which pertained to filing and derived from Ord. 296 N.S., § 12, adopted in 1967.