San Luis Obispo County Municipal Code Ch. 3.12 Real Property Transfer Tax

This chapter shall be known as the "Real Property Transfer Tax Ordinance of the County of San Luis Obispo." It is adopted pursuant to Part 6.7 (commencing with Section 11901) of Division 2 of the California Revenue and Taxation Code.

(Ord. 938 § 1 (part), 1967: prior code § 8-031)

There is imposed on each deed, instrument or writing by which any lands, tenements, or other realty sold within the county 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 fifty-five cents for each five hundred dollars or fractional part thereof.

(Ord. 938 § 1 (part), 1967: prior code § 8-032)

The tax imposed by Section 3.12.020 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. 938 § 1 (part), 1967: prior code § 8-033)

(a) Security Instruments. The tax imposed pursuant to this chapter shall not apply to any instrument in writing given to secure a debt.

(b) Governmental Entities. 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.

(c) Plans of Reorganization or Adjustment. The tax imposed pursuant to this chapter shall not apply to the making, delivering or filing of conveyance 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 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.

Subdivisions (1) to (4), inclusive, of this subsection 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.

(d) Documents Pertaining to Orders of the Securities and Exchange Commission. The 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:

(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 Section 79k of Title 15 of the United States Code, relating to the Public Utility Holding Company Act of 1935;

(2) Such order specifies the property which is ordered to be conveyed;

(3) such conveyance is made in obedience to such order.

(e) Partnerships. In the case of any realty held by a partnership, no tax shall be imposed pursuant to this chapter by reason of any transfer of an interest in the partnership or otherwise, if:

(1) such partnership (or other 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.

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 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 such partnership at the time of such termination.

Not more than one tax shall be imposed pursuant to this chapter by reason of a termination described in the previous sentence, and any transfer pursuant thereto, with respect to the realty held by such partnership at the time of such termination.

(Ord. 938 § 1 (part), 1967: prior code § 8-034)

If the legislative body of any city in the county imposes a tax pursuant to Part 6.7 of Division 2 of the Revenue and Taxation Code equal of one-half the amount specified in Section 3.12.020, a credit shall be granted against the taxes due under this chapter in the amount of the city's tax.

(Ord. 938 § 1 (part), 1967: prior code § 8-035)

The recorder shall repurchase any unused documentary tax stamps sold by him, pursuant to this chapter, prior to July 1, 1968. However, the recorder shall continue to accept in payment of the tax any such stamps affixed to a document offered for recordation and shall cancel the stamps so affixed.

(Ord. 976 § 2, 1968: Ord. 938 § 1 (part), 1967: prior code § 8-036)

(a) Generally. The county recorder shall administer this chapter and shall also administer any ordinance adopted by any city in the county pursuant to Part. 6.7 (commencing with Section 11901) of Division 2 of the Revenue and Taxation Code imposing a tax for which a credit is allowed by this chapter.

(b) On or before the fifteenth day of the month the recorder shall report to the county auditor the amounts of taxes collected during the preceding month pursuant to this chapter and each such city ordinance. The auditor shall allocate and distribute monthly said taxes as follows:

(1) All moneys which relate to transfer of real property located in the unincorporated territory of the county shall be allocated in the county.

(2) All moneys which relate to transfers of real property located in a city in the county which has imposed a tax pursuant to said Part 6.7 shall be allocated one-half to such city and one-half to the county.

(3) All moneys which relate to transfers of real property located in a city in the county which imposes a tax on transfers of real property not in conformity with said Part 6.7 shall be allocated to the county.

(4) All moneys which relate to transfers of real property in a city in the county which does not impose a tax on transfers of real property shall be allocated to the county.

(Ord. 976 § 3, 1968; Ord. 938 § 1 (part), 1967: prior code § 8-037)

(a) The 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 submitting the document so 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 returned as specified in Section 27321 of the Government Code.

(b) Every document subject to tax hereunder which is submitted for recordation shall show on the face of the document or in a separate document the amount of taxes due under this chapter and the recorder may rely thereon.

(c) Every document subject to tax hereunder which is submitted for recordation shall show on the face of the document, or in a separate document, the location of the lands, tenements or other realty described in the document. If said lands, tenements or other realty are located within a city in the county, the name of the city shall be set forth. If said lands, tenements or other realty are located in the unincorporated area of the county, the fact shall be set forth.

(Ord. 976 §§ 4, 5, 1968: Ord. 938 § 1 (part), 1967: prior code § 8-038)

Claims for refunds 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.

(Ord. 938 § 1 (part), 1967: prior code § 8-039)

In the administration of this chapter the recorder shall interpret its provisions consistently with those documentary stamp tax regulations adopted by the Internal Revenue Service of the United States Treasury Department which relates to the Tax on Conveyances and identified as Section 47.4361-1, 47.4361-2 and 47.4362-1 of Part 47 of Title 26 of the Code of Federal Regulations, as the same existed on November 8, 1967, except that for the purpose of this chapter, the determination of what constitutes "realty" shall be determined by the definition or scope of that term under state law.

(Ord. 938 § 1 (part), 1967: prior code § 8-040)

Whenever the county recorder has reason to believe that the full amount of tax due under this chapter has not been paid, he may, by notice served upon any person liable therefor, require him to furnish a true copy of his records relevant to the amount of the consideration or value of the interest or property conveyed.

(Ord. 938 § 1 (part), 1967: prior code § 8-041)

(a) Each deed, instrument, or writing by which lands, tenements, or other realty is sold, granted, assigned, transferred, or otherwise conveyed, shall have noted upon it the tax roll parcel number. The number will be used only for administrative and procedural purposes and will not be proof of title and in the event of any conflicts, the stated legal description noted upon the document shall govern.

(b) The validity of such a document shall not be affected by the fact that such parcel number is erroneous or omitted, and there shall be no liability attaching to any person for an error in such number or for omission of such number.

(c) A parcel which has been created by the division of an existing parcel and which at the time of recording has no separate parcel number shall have noted upon it the words "portion of" and the parcel number of the parcel from which it was created.

(d) The recorder shall not record any deed, instrument, or writing subject to the provisions of this section unless the tax roll parcel number has been noted upon it.

(Ord. 1932 § 1, 1979)