§ 8-5

This chapter shall be known as the ""Real Property Transfer Tax Law of the County of Siskiyou"". 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.

(§ I, Ord. 455, eff. November 14, 1967; tax operative January 1, 1968)

There is hereby 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 and no/100ths ($100.00) Dollars a tax at the rate of fifty-five (55) cents for each Five Hundred and no/100ths ($500.00) Dollars or fractional part thereof.

(§ 1, Ord. 455, eff. November 14, 1967; tax operative January 1, 1968)

The tax imposed pursuant to the provisions of Section 8-5.02 of 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.

(§ I, Ord. 455, eff. November 14, 1967; tax operative January 1, 1968)

The tax imposed pursuant to the provisions of this chapter shall not apply to any instrument in writing given to secure a debt or to convey the right of burial.

(§ 1, Ord. 455, eff. November 14, 1967; tax operative January 1, 1968)

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 the provisions of 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.

(§ 1, Ord. 455, eff. November 14, 1967; tax operative January 1, 1968)

The tax imposed pursuant to the provisions of this chapter shall not apply to the making, delivering, or filing of conveyances to make effective any plan of reorganization or adjustment:

defined in subsection (m) of Section 205 of Title 11 of the United States Code, as amended;

in subsection (3) of Section 500 of Title 11 of the United States Code, as amended; or

The provisions 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.

(§ I, Ord. 455, eff. November 14, 1967; tax operative January 1, 1968)

The tax imposed pursuant to the provisions of 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 subsection (a) of Section 1083 of the Internal Revenue Code of 1954, but only if:

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;

(§ I, Ord. 455, eff. November 14, 1967; tax operative January 1, 1968)

provisions of this chapter by reason of any transfer of an interest in a partnership or otherwise if:

meaning of Section 708 of the Internal Revenue Code of 1954; and

Sec. 8-5.08.2. If there is a termination of any partnership within the meaning of Section 708 of the Internal Revenue Code of 1954, for the 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.

of a termination described in subsection 8-5.08.2 of this section, and any transfer pursuant thereto, with respect to the realty held by such partnership at the time of such termination.

(§ I, Ord. 455, eff. November 14, 1967; tax operative January 1, 1968)

If the legislative body of any city in the County imposes a tax pursuant to the provisions of Part 6.7 of Division 2 of the Revenue and Taxation Code of the State equal to one-half (½) the amount specified in

Section 8-5.02 of this chapter, a credit shall be granted against the taxes due under the provisions of this chapter in the amount of the city's tax.

(§ 1, Ord. 455, eff. November 14, 1967; tax operative January 1, 1968)

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

(§ 1, Ord. 455, eff. November 14, 1967; tax operative January 1, 1968; amended by § 1, Ord. 464, eff. July 1, 1968)

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 the provisions of this chapter and each such city ordinance.

(§ 1, Ord. 455, eff. November 14, 1967; tax operative January 1, 1968; amended by § 1, Ord. 464, eff. July 1, 1968)

The Recorder shall not record any deed, instrument, or writing subject to the tax imposed by the provisions of 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 of the State.

Any deed, instrument, or writing subject to the provisions of this chapter 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. The validity of such a document shall not be affected by the fact that such parcel number is erroneous or omitted.

(§ 1, Ord. 455, eff. November 14, 1967; tax operative January 1, 1968; amended by § 1, Ord. 464, eff. July 1, 1968; § 1, Ord. 98-29, eff. December 8, 1998)

* Section 8-5.13 entitled Adhesive stamps: Cancellation, codified from Section I, Ordinance No. 455, effective November 14, 1967, repealed by Section II, Ordinance No. 464, effective July 1, 1968; Sections 8-