Ventura County Municipal Code Art. 2 Documentary Transfer Tax

This ordinance shall be known as the "Documentary Transfer Tax Ordinance of the County of Ventura." It is adopted pursuant to Part 6.7 (commencing with Section 11901) of Division 2 of the Revenue and Taxation Code.

There is hereby imposed on each deed, instrument or writing by which any lands, tenements, or other realty sold within the County of Ventura 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 $100.00, a tax the rate of $0.55 for each $500.00 or fractional part thereof.

The tax imposed by Section 1552 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.

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

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 any tax imposed by this ordinance when the exempt agency is acquiring title.

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

(a) Confirmed under the Federal Bankruptcy Act, as amended;

(b) 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;

(c) 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

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

Subdivisions (a) to (d), inclusive, of this Section shall only apply if the making, delivering or filing of instruments of transfer or conveyances occurs within five (5) years from the date of such confirmation, approval or change.

The tax imposed pursuant to this ordinance shall not apply to the making or delivery of conveyance 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—

(a) 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;

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

(c) Such conveyance is made in obedience to such order.

In the case of any realty held by a partnership, no tax shall be imposed pursuant to this ordinance by reason of any transfer of an interest in the partnership or otherwise, if—

(a) Such partnership (or other Partnership) is considered a continuing partnership within the meaning of Section 708 of the Internal Revenue Code of 1954; and

(b) 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 the purposes of this ordinance, 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 (1) tax shall be imposed pursuant to this ordinance by reason of a termination described in Section 1554-5.2, and any transfer pursuant thereto, with respect to the realty held by such partnership at the time of such termination.

If the legislative body of any city in the County of Ventura imposes a tax pursuant to Part 6.7 of Division 2 of the Revenue and Taxation Code equal to one-half of the amount specified in Section 1552 of this ordinance, a credit shall be granted against the taxes due under this ordinance in the amount of the city's tax if the city's tax conforms to the requirements of said Part 6.7.

The county recorder shall administer this ordinance 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 ordinance.

On or before the 15th day of the month the recorder shall report to the county auditor the amounts of taxes collected during the preceding month pursuant to this ordinance and each such city ordinance. The auditor shall allocate and distribute monthly said taxes as follows:

(a) All monies which relate to transfers of real property located in the unincorporated territory of the county shall be allocated to the county.

(b) All monies 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.

(c) All monies 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.

(d) All monies 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.

The recorder shall not record any deed, instrument or writing subject to the tax imposed by this ordinance unless the tax is paid at the time of recording.

Every document subject to tax hereunder which is submitted for recordation shall show on the fact of the document the amount of taxes due under this ordinance unless the party submitting the document for recordation requests that 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.

A declaration of the amount of tax due, signed by the party determining the tax or his agent, shall appear on the face of the document or on the separate paper, if the party submitting the document for recordation so requests, and the recorder may rely thereon; provided he has no reason to believe that the full amount of the tax due has not been paid. The declaration shall include a statement that the consideration or value on which the tax due was computed was, or that it was not, exclusive of the value of a lien or encumbrance remaining on the interest or property conveyed at the time of the sale.

Every document subject to tax hereunder which is submitted for recordation shall show on the face of the document the incorporated or unincorporated 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 of Ventura, 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 of Ventura, that fact shall be set forth.

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 the 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. 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. The recorder shall not record any such deed, instrument, or writing unless the tax roll parcel number has been noted upon it. 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.

Claims for refunds of taxes imposed pursuant to this ordinance 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.

In the administration of this ordinance 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 relate to the Tax on Conveyances and identified as Sections 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 purposes of this ordinance, the determination of what constitutes "realty" shall be determined by the definition or scope of that term under state law.

Whenever the county recorder has reason to believe that the full amount of tax due under this ordinance 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.

Any person or persons who makes, signs, issues or accepts or causes to be made, signed, issued or accepted and who submits or causes to be submitted for recordation any deed, instrument or writing subject to the tax imposed by this ordinance and makes any material misrepresentation of fact for the purpose of avoiding all or any part of the tax imposed by this ordinance shall be guilty of a misdemeanor.