Rialto Municipal Code Ch. 3.12 Real Property Transfer Tax

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For statutory provisions authorizing cities to impose a documentary stamp tax, see Rev. & Tax Code § 11901 et seq.

This chapter is known as the "real property transfer tax of the city of Rialto." 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. 570 § 1 (part), 1967: 1965 code Title IV, Ch. 3, § 1)

There is imposed on each deed, instrument or writing by which any lands, tenements, or other realty sold within the city are granted, assigned, transferred or otherwise conveyed to, or vested in, the purchaser or purchasers, or any other person or persons, by his/her 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 fifty-five cents for each five hundred dollars or fractional part thereof.

(Ord. 1234 (part), 1995: Ord. 570 § 1 (part), 1967: 1965 code Title IV, Ch. 3, § 2)

Any tax imposed pursuant to Section 3.12.020 is paid by any person who makes, signs or issues any document or instrument subject to the tax, unless exempted therefrom by the provisions of Revenue and Taxation Code Sections 11926, 11927, 11928 and 11929, or for whose use or benefit the same is made, signed or issued.

(Ord. 1234 (part), 1995: Ord. 570 § 1 (part), 1967: 1965 code Title IV, Ch. 3, § 3)

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

(Ord. 570 § 1 (part), 1967: 1965 code Title IV, Ch. 3, § 4)

Any deed, instrument or writing which the United States, or any agency or instrumentality thereof, any state or territory, or political subdivision thereof, is a party will be exempt from any tax imposed pursuant to this part when the exempt agency is acquiring title.

(Ord. 1234 (part), 1995: Ord. 570 § 1 (part), 1967: 1965 code Title IV, Ch. 3, § 5)

Any tax imposed pursuant to this chapter shall not apply to the making, delivering or filing of conveyances to make effective any plan or 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 Section 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 Section 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.

Subdivisions A to D inclusive, apply 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.

(Ord. 570 § 1 (part), 1967: 1965 code Title IV, Ch. 3, § 6)

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:

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. 570 § 1 (part), 1967: 1965 code Title IV, Ch. 3 § 7)

A. In the case of any realty held by a partnership, no levy is 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 is 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 is 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. 570 § 1 (part), 1967: 1965 code Title IV, Ch. 3 § 8)

The county recorder administers 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. 570 § 1 (part), 1967: 1965 code Title IV, Ch. 3, § 9)

Claims for refund of taxes imposed pursuant to this chapter are 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. 570 § 1 (part), 1967: 1965 code Title IV, Ch. 3, § 10)

This chapter becomes operative January 1, 1968.

(Ord. 570 § 1 (part), 1967: 1965 code Title IV, Ch. 3, § 11)

Upon its adoption the city clerk shall file two copies of this chapter with the county recorder of San Bernardino County.

(Ord. 570 § 1 (part), 1967: 1965 code Title IV, Ch. 3, § 12)