Santa Ana Municipal Code § 35-99 Administration

This article shall be known as the "Real Property Transfer Tax Ordinance of the City". 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.

(Code 1952, § 2440; Ord. No. NS-901, § 1, 12-4-67)

The county recorder shall administer this article in conformity with the provisions of Part 6.7 of Division 2 of the state revenue and taxation code and the provisions of any county ordinance adopted pursuant thereto.

(Code 1952, § 2448 ; Ord. No. NS-901, § 1, 12-4-67)

There is imposed 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 purchasers, or any other persons, by 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 ($100.00), a tax at the rate of twenty-seven and one-half cents ($0.275) for each five hundred dollars ($500.00) or fractional part thereof.

(Code 1952, § 2441; Ord. No. NS-901, § 1, 12-4-67)

Any tax imposed pursuant to section 35-100 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.

(Code 1952, § 2442; Ord. No. NS-901, § 1, 12-4-67)

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

(Code 1952, § 2443; Ord. No. NS-901, § 1, 12-4-67)

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 shall be exempt from the tax imposed pursuant to this article when the exempt agency is acquiring title.

(Code 1952, § 2444; Ord. No. NS-901, § 1, 12-4-67; Ord. No. NS-987, §§ 1, 2, 11-3-69)

Amendment note—Ord. No. NS-987, §§ 1 and 2, amended § 2444 of the 1952 Code, § 35-103 herein, by substituting provisions exempting the document, for provisions exempting governmental agencies and providing the tax may be collected from any other party liable.

Any tax imposed pursuant to this article 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 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

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

Subsections (1) to (4), inclusive, of this section shall only apply if the making, delivery, or filing of instruments of transfer or conveyances occurs within five (5) years from the date of such confirmation, approval, or change.

(Code 1952, § 2445; Ord. No. NS-901, § 1, 12-4-67)

Any tax imposed pursuant to this article shall not apply to the making or delivery of conveyances to make effective any order of the Securities and Exchange Commission, as defined in subsection (a) of section 1083 of the Internal Revenue Code of 1954; but only if the following conditions are met:

(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.

(Code 1952, § 2446 ; Ord. No. NS-901, § 1, 12-4-67)

(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 in the event the following conditions obtain:

(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 article, 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.

(c) No more than one tax shall be imposed pursuant to this article 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.

(Code 1952, § 2447; Ord. No. NS-901, § 1, 12-4-67)

Claims for refund of taxes imposed pursuant to this article 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.

(Code 1952, § 2449; Ord. No. NS-901, § 1, 12-4-67)