Yolo County Municipal Code Ch. 2 Documentary Transfer Taxes

This chapter shall be known as the “Real Property Transfer Tax Law of the County of Yolo”. It is adopted pursuant to the provisions of Part 6.7 (commencing with Section 11901) of Division 2 of the Revenue and Taxation Code of the State. (§ 1, Ord. 578)

The County Recorder shall administer the provisions of this chapter and shall also administer any ordinance adopted by any city in the County pursuant to the provisions of Part 6.7 (commencing with Section 11901) of Division 2 of the Revenue and Taxation Code of the State, which ordinance imposes a tax for which a credit is allowed by the provisions of this chapter.

On or before the fifteenth day of each month, the County Clerk-Recorder shall report to the County Auditor-Controller the amounts of taxes collected during the preceding month pursuant to the provisions of this chapter and each such city ordinance.

The Auditor-Controller shall allocate and distribute monthly such taxes as follows:

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

(b) All moneys which relate to transfers of real property located in a city in the County, which city has imposed a tax pursuant to the provisions of said Part 6.7, shall be allocated one-half (1/2) to such city and one-half (1/2) to the County.

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

(d) All moneys which relate to transfers of real property in a city in the County, which city does not impose a tax on transfers of real property, shall be allocated to the County. (§ 11, Ord. 578, as amended by § 3, Ord. 590)

In the administration of the provisions of this chapter, the County Clerk-Recorder shall interpret its provisions consistently with the Documentary Stamp Tax Regulations adopted by the Internal Revenue Service of the Treasury Department of the United States, which regulations 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; provided, however, for the purposes of this chapter, the determination of what constitutes “realty” shall be determined by the definition or scope of such term under State law. (§ 14, Ord. 578, as renumbered by § 5, Ord. 590)

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. (§ 2, Ord. 578)

The tax imposed by the provisions of Section 3-2.04 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. (§ 3, Ord. 578)

The County Clerk-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 person 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 County Clerk-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.

Every document subject to such tax, which document is submitted for recordation, shall show on the face of the document, or in a separate document, the amount of taxes due pursuant to the provisions of this chapter, and the County Clerk-Recorder may rely thereon.

Every document subject to such tax, which document 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 such lands, tenements, or other realty is located within a city in the County, the name of the city shall be set forth. If such lands, tenements, or other realty is located in the unincorporated area of the County, such fact shall be set forth. (§ 12, Ord. 578, as amended by § 4, Ord. 590)

(a) Every document subject to tax under the provisions of this chapter and every similar document, whether or not exempt from the tax, which is submitted for recordation shall show at the end of each legal description contained in the document the tax roll parcel number of the property affected by the document.

(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 the omission of such number.

(c) The County Clerk-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. (§ 1, Ord. 855, eff. August 30, 1979)

Whenever the County Clerk-Recorder has reason to believe that the full amount of tax due pursuant to the provisions of this chapter has not been paid, he may, by notice served upon any person liable therefor, require such person to furnish a true copy of his records relevant to the amount of the consideration or value of the interest or property conveyed. (§ 15, Ord. 578, as renumbered by § 5, Ord. 590)

The tax imposed pursuant to the provisions of this chapter shall not apply to any instrument in writing given to secure a debt. (§ 4, Ord. 578)

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. (§ 5, Ord. 578)

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 or 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 subsection (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 subsection (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 or organization is effected.

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. (§ 6, Ord. 578)

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:

(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; and

(c) Such conveyance is made in obedience to such order. (§ 7, Ord. 578)

(a) In the case of any realty held by a partnership, no tax shall be imposed pursuant to the provisions of 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.

(b) 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.

(c) Not more than one tax shall be imposed pursuant to the provisions of this chapter by reason of a termination described in subsection (b)of this section, and any transfer pursuant thereto, with respect to the realty held by such partnership at the time of such termination. (§ 8, Ord. 578)

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 (1/2) the amount specified in Section 3-2.04 of this chapter, a credit shall be granted against the taxes due pursuant to the provisions of this chapter in the amount of the city’s tax. (§ 9, Ord. 578)

The County Clerk-Recorder shall repurchase any unused documentary tax stamps sold by him prior to July 1, 1968. The County Clerk-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. (§ 10, Ord. 578, as amended by § 2, Ord. 590)

Claims for refunds of taxes imposed pursuant to the provisions of 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 of the State. (§ 13, Ord. 578, as renumbered by § 5, Ord. 590)

The provisions of this chapter shall become operative at 12:01 a.m. on January 1, 1968. (§ 17, Ord. 578, as renumbered by § 5, Ord. 590)

Any person 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 the provisions of this chapter and makes any material misrepresentation of fact for the purpose of avoiding all or any part of such tax shall be guilty of a misdemeanor.

No person shall be liable criminally for any unintentional error made in designating the location of the lands, tenements, or other realty described in a document subject to such tax. (§ 16, Ord. 578, as renumbered by § 5, Ord. 590)