Redding Municipal Code Ch. 4.16 Real Property Transfer Tax

This chapter shall be known as the "Real Property Transfer Tax Chapter of the City of Redding." 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.

(Prior code § 26-34)

There is imposed on each deed, instrument or writing by which any lands, tenements, or other realty sold within the city is granted, assigned, transferred or otherwise conveyed to, or vested in, the purchase 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 encumbrance 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.

(Prior code § 26-35)

Any tax imposed pursuant to Section 4.16.020 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.

(Prior code § 26-36)

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

(Prior code § 26-37)

The tax imposed by 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 the tax shall apply to the extent that the consideration exceeds the unpaid debt, including accrued interest and costs of foreclosure.

(Ord. 1241 § 1, 1976: prior code § 26-37.1)

Any deed, instrument or writing to which the United States or any agency or instrumentality thereof, any state, 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.

(Prior code § 26-38)

A. 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 as follows:

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 receiving proceedings 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. Subsection A of this section applies only 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.

(Prior code § 26-39)

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 1954; but only if the following conditions are met:

A. The order of the Securities and Exchange Commission in obedience to which the conveyance is made recites that the 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. The order specifies the property is ordered to be conveyed;

C. The conveyance is made in obedience to the order.

(Prior code § 26-40)

A. In the case of any realty held by a partnership, no levy shall be imposed pursuant to this article by reason of any transfer of an interest in a partnership or otherwise, if the following conditions exist:

1. The partnership (or another partnership) is considered a continuing partnership within the meaning of Section 708 of the Internal Revenue Code of 1954; and

2. The 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, the 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 the partnership at the time of the 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 the partnership at the time of the termination.

(Prior code § 26-41)

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.

(Prior code § 26-42)

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.

(Prior code § 26-43)

This chapter shall become operative upon the operative date of any ordinance adopted by the county, pursuant to Part 6.7, commencing with Section 11901, of Division 2 of the Revenue and Taxation Code of the state, or upon the effective date of the ordinance codified in this chapter, whichever is the later.

(Prior code § 26-44)

The county 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 so submitting the document 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 refunded as specified in Section 27321 of the Government Code of the state.

(Prior code § 26-45)

A. 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.

B. No person 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.

(Prior code § 26-46)