Rancho Santa Margarita Municipal Code Ch. 3.05 Real Property Documentary Transfer Tax

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State Law reference— Documentary Transfer Tax Act, Revenue and Taxation Code § 11901 et seq.

The real property documentary transfer tax is adopted pursuant to the authority contained in Revenue and Taxation Code Div. 2., Pt. 6.7 (Revenue and Taxation Code § 11901 et seq.)

(Ord. No. 00-06, § 2, 1-1-2000)

There is hereby imposed on each deed, instrument, or writing by which any lands, tenements, or other realty sold within the City of Rancho Santa Margarita, 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 or fractional part thereof.

(Ord. No. 00-06, § 3, 1-1-2000)

Any tax imposed pursuant to Section 3.05.020 hereof 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. No. 00-06, § 4, 1-1-2000)

The tax levied by this chapter shall be subject to all exemptions and exclusions required by State law.

State Law reference— Exemptions, Revenue and Taxation Code § 11921 et seq.

(Ord. No. 00-06, § 9, 1-1-2000)

The County Recorder shall administer this chapter in conformity with the provisions of applicable law and the provision of any applicable county ordinance adopted pursuant thereto.

(Ord. No. 00-06, § 10, 1-1-2000)

State Law reference— Administration of tax, Revenue and Taxation Code § 11931 et seq.

Claims for refund of taxes imposed pursuant to this chapter shall be governed by the provisions of applicable law.

(Ord. No. 00-06, § 11, 1-1-2000)

State Law reference— Similar provisions, Revenue and Taxation Code § 11934; refund claims, Revenue and Taxation Code § 5096.