Soledad Municipal Code Ch. 3.12 Real Property Transfer Tax

There is imposed on each deed, instrument or writing by which any lands, tenements or other realty sold within the city is granted, assigned, transferred or otherwise conveyed to or vested in the purchaser or any other person, by his 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 twenty-seven and one-half cents for each five hundred dollars or fractional part thereof.

(Prior code § 21-9)

Any tax imposed pursuant to Section 3.12.010 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 § 21-10)

Notwithstanding the provisions of Section 3.12.010, no tax shall be imposed:

A. Upon any instrument in writing given to secure a debt;

B. Upon 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 the tax does apply to the extent that the consideration exceeds the unpaid debt, including accrued interest and cost of foreclosure;

C. Upon 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 any such exempt agency is acquiring title;

D. Upon the making, deliverying or filing of conveyances to make effective any plan of reorganization or adjustment, as set forth in Section 11923 of the California Revenue and Taxation Code;

E. Upon the making or delivery of conveyances to make effective any order of the Securities and Exchange Commission, as provided in Section 11924 of the California Revenue and Taxation Code;

F. Upon any transfer of partnership property which qualifies for an exemption from tax under the provisions of Section 11925 of the California Revenue and Taxation Code;

G. Upon any deed, instrument or other writing which purports to transfer, divide or allocate community, quasi-community, or quasi-marital property assets between spouses for the purpose of effecting a division of community, quasi-community, or quasi-marital property which is required by a judgment decreeing a dissolution of the marriage or legal separation, by a judgment of nullity, or by any other judgment or order rendered pursuant to Part 5 (commencing with Section 4000) of Division 4 of the Civil Code, or by a written agreement is incorporated as part of any of those judgments or orders; provided, that in order to qualify for this exemption, the deed, instrument or writing shall include a written recital, signed by either spouse, stating that the deed, instrument or other writing is entitled to the exemption.

(Amended during 1986 codification: prior code §§ 21-11—21-15)

The county recorder shall administer this chapter in conformity with the provisions of Part 6.7 of Division 2 of the California Revenue and Taxation Code and the provisions of any county ordinance adopted pursuant thereto.

(Prior code § 21-16)

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 California Revenue and Taxation Code.

(Prior code § 21-17)

This chapter shall become operative upon the operative date of any ordinance adopted by the County of Monterey pursuant to Part 6.7 (commencing with section 11901) of Division 2 of the California Revenue and Taxation Code, or upon December 20, 1967, whichever is the later.

(Prior code § 21-18)