San Bruno Municipal Code Ch. 3.36 Real Property Documentary Stamp Tax

This chapter shall be known as the "Real Property Transfer Tax Regulations." 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.

(Prior code § 22-5.1; Ord. 1357 § 1, 1980; Ord. 1875 § 3, 2019)

A. The tax imposed herein is on each deed, instrument or writing by which any lands, tenements, or other realty sold within the city 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 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.

B. The rate of such tax is twenty-seven and one-half cents for each five hundred dollars or fraction thereof.

C. The transfer of any mobile home installed on a foundation system, and subject to this chapter. The purchaser of a new mobile home which is sold and installed for occupancy as a residence in accordance with Section 18613 (Permit for location, installation, or reinstallation of manufactured homes or mobile homes, etc.) of the Health and Safety Code, on or after July 1, 1980, shall be subject to the tax imposed pursuant to this chapter.

(Prior code § 22-5.2; Ord. 1357 § 1, 1980; Ord. 1875 § 3, 2019)

Any tax imposed pursuant to this chapter 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 § 22-5.3; Ord. 1357 § 1, 1980; Ord. 1875 § 3, 2019)

The tax imposed by this chapter shall not apply to:

A. Any instrument in writing given to secure a debt;

B. 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 when the exempt agency is acquiring title;

C. 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 such tax shall apply to the extent that the consideration exceeds the unpaid debt, including accrued interest and cost of foreclosure.

Consideration, unpaid debt amount and identification of grantee as beneficiary or mortgagee shall be noted on such deed, instrument or writing or stated in an affidavit or declaration under penalty of perjury for tax purposes;

D. Mobile homes held in the mobile home dealer's inventory;

E. The making, delivering, or filing of conveyances to make effective any plan of reorganization or adjustment:

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

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

F. The making or delivery of conveyances to make effective any order of the Securities and Exchange Commission, but only if:

1. 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 the Public Utility Holding Company Act of 1935,

2. Such order specified the property which is ordered to be conveyed,

3. Such conveyance is made in obedience to such order;

G. In the case of any realty held by a partnership, 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.

(Prior code § 22-5.4; Ord. 1357 § 1, 1980; Ord. 1875 § 3, 2019)

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 of the state and the provisions of any county ordinance adopted pursuant thereto.

(Prior code § 22-5.5; Ord. 1357 § 1, 1980; Ord. 1875 § 3, 2019)

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.

(Prior code § 22-5.6; Ord. 1357 § 1, 1980; Ord. 1875 § 3, 2019)