HomeMy WebLinkAbout959ORDINANCE NO. 95"9
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AN ORDINANCE IMPOSING A DOCUMENTARY STAMP TAX ON EACH
DEED, INSTRUMENT, OR WRITING BY WHICH LAND, TENEMENTS
OR REALTX SOLD WITHIN THE COUNTY OF BUTTE IS GRANTED,
ASSIGNED, TRANSFERRED, OR OTHERWISE CONVEYED TO OR
VESTED IN THE PURCHASER OR PURCHASERS OR ANY OTHER
PERSON OR PERSONS.
The Board of Supervisors of the County of Butte do ordain
as follows:
The Code of Butte County, California, is hereby amended by
adding to Chapter 21 of said code, Article III, commencing with
Section 21-18 through and including Section 21-34, to read as
follows:
ARTICLE III REAL PROPERTY TRANSFER TAX
Sec. 21-18 AUTHORITY
This ordinance shall be known as the "Real Property Transfer
Tax Ordinance of the County of Butte". It is adopted pursuant to
Part 6.7 (commencing with Section 11901) of Division 2 of the
Revenue and Taxation Code.
Sec. 21-19 - IMPOSITION OF TAX RATE
'There is hereby imposed on each deed, instrument or writing
by which any lands, tenements, or other realty sold within the
County of Butte shall be granted, assigned, transferred, or other-
wise conveyed to or vested in the purchaser or purchasers or any
other person or persons by his or their direction when the con-
sideration or value of the interest or property conveyed (exclu-
sive of the value of any lien or encumbrances remaining thereon at
the time of sale) exceeds $100.00, a tax at the rate of 55 cents
for each $500.00 or fractional part thereof.
Sec. 21-20 - PERSON CHARGED WITH PAYMENT
The tax imposed by Section 2 shall be paid by any person
who mares, signs, or issues any document or instrument subject
to the tax, or for whose use or benefit the same is made, signed
or issued.
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Sec. 21-21 EXEMPTION - DEBT
The tax imposed pursuant to this ordinance shall not apply
to any instrument in writing given to secure a debt.
Sec. 21-22 PUBLIC ENTITY EXEMPTION - PARTIAL
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 impose
pursuant to this ordinance 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.
Sec. 21-23 EXEMPTIONS - BANKRUPTCY - CHANGE OF NAME
The tax imposed pursuant to this ordinance shall not
apply to the making, deliverying or filing of conveyances to
make effective any plan of reorganization or adj ustment --
(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 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 subdivis-
ion (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 ma'r.ing, delivery or filing of instruments of
transfer or conveyances occurs within five years from the date of
such confirmation, approval or change.
Sec. 21-24 EXEMPTION - SECURITIES EXCHANGE COMMISSION ORDER
The tax imposed pursuant to this ordinance shall not apply
to the making or delivery of conveyances to make effective any
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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 791c 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.
Sec. 21025 EXEMPTION PARTNERSHIP
(a) In the case of any real ty held by a partnership, no
tax shall be imposed pursuant to this ordinance by
reason of any transfer of an interest in the partner-
ship or otherwise, if ..
(1) Such partnership (or other partnership) is con-
sidered a continuing partnership within the mean-
ing 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 ordinance, such
partnership shall to treated as having executed an
instrument whereby there was conveyed, for fair market
value (exclusive of the value of any lien or encum-
brance 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
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1 this ordinance by reason of a termination described
2 in subdivision (b), and any transfer pursuant thereto,
3 with respect to the realty held by such partnership at
4 the time of such termination.
5 Sec. 21-26 CITY CREDIT
6 If the legislative body of any city in the county imposes a
'7 tax pursuant to Part 6.7 of Division 2 of the Revenue and Taxation
8 Code equal to one-half the amount specified in Section 2 of this
9 ordinance, a credit shall be granted against the taxes due under
10 this ordinance in the amount of the city's tax.
11 Sec. 21-27 STAMPS - PURCHASE AND REPURCHASE
12 The county recorder shall purchase from the State Board of
13 Equalization adhesive stamps in suitable denominations to be
14 affixed to the deeds, instruments, and writings subject to tax
15 pursuant to this ordinance.
16 Any person may purchase adhesive stamps from the county
17 recorder. The recorder shall deposit the proceeds from the sale
18 of stamps in the county treasury within the time and in the manner
19 prescribed by law.
20 The recorder shall repurchase any unused adhesive stamps
21 sold by him pursuant to this ordinance. As used in this ordinance
22 "adhesive stamps" means any indicia of the tax imposed pursuant
23 to this ordinance which is authorized by law and furnished by the
24 State.Board of Education.
23 Sec. 21-28 RECORDER'S DUTIES
28 The county recorder shall administer this ordinance and
27 sha11 also administer any ordinance adopted by any city in the
28 county pursuant to Part 6.7 (commencing with Section 11901) of
29 Division 2 of the Revenue and Taxation Code imposing a tax for
30 which a credit is allowed by this ordinance.
31 On or before the fifteenth day of the month the recorder
32 sha11 report to the county auditor the amounts of taxes represente~
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1 by stan•ps affixed to documents recorded during the preceding month
2 pursuant to this ordinance and each such city ordinance. The
3 auditor shall allocate and distribute monthly said taxes as
4 follows:
5 (l) All monies which relate to transfers of real property
6 located in the unincorporated territory of the county
7 shall 1~ allocated to the county.
8 (2) All monies which relate to transfers of real property
9 located in a city in the county which has imposed a
10 tax pursuant to said Part 6.7 shall be allocated one-
11 half to such city and one-half to the county.
12 (3) A11 monies which relate to transfers of real property
13 located in a city in the county which imposes a tax on
14 transfers of real property not in conformity with said
15 Part 6.7 shall be allocated to the county.
16 (4) A11 monies which relate to transfers of real property
17 in a city in the county which does not impose a tax on
18 txa nsfers of real property shall be allocated to the
19 county.
20 Sec. 21-2~ RECORDING OF DOCUMENT - TAX PAYMENT PREREQUISITE
21 The recorder shall not record any deed, instrument or writing
22 subject to the tax imposed by this ordinance unless the stamps
23 described in Section 10 are affixed thereto having a face value
24 equal to the total amount of the tax due under this ordinance. If
25 the party submitting the document for recordation so requests,
26 stamps having face value equal to the total amount of tax due under
27 this ordinance may be deposited with the recorder and shall be
28 affixed to the document by the recorder after the permanent record.
29 is made and before the original is returned as specified in Section
30 27321 of the Government Code.
31 Every document subject to tax hereunder which is submitted
32 for recordation shall show on the face of the document or in a
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separate document the amount of taxes due under this ordinance
and the recorder may rely thereon.
Every document subject to tax hereunder which 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 said lands, tenements or
other realty are located within a city in the county, 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, that
fact shall be set forth.
Sec. 21-29 CANCELLATION OF STAMPS
The recorder shall cancel the stamps affixed to any document
by printing or stamping thereon the date of affixation or record-
ation.
Sec. 21-30 REFUNDS
Claims for refunds of taxes imposed pursuant to this
ordinance shall be governed by the provisions of Chapter 5
Ccommencing with Section 5096) of Part 9 of Division 1 of the
Revenue and Taxation Code.
Sec. 21-31 INTERPRETATTON - RULES
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 Aepartment which relate to the Tax on
Conveyances and identified as Sections 47.43611, 47.4361-2 and
47.4362-1 of Part 47 of Title 26 of the Code of Federal Regulation:
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.
Sec. 2I-32 NOTICE OF NONPAYMENT OF FULL TAX
Whenever the county recorder has reason to believe that the
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1 full amount of tax due under this .ordinance has not been paid, he
2 may, by notice served upon any person liable therefor, require
3 him to furnish a true copy of his records relevant to the amount
4 of the consideration or value of the interest or property conveyed.
5 Sec. 21-33 MISDEMEANOR - AVOIDING TAX
g Any person or persons who makes, signs, issues or accepts
7 or causes to be made, signed, issued or accepted and who submits
8 or causes to be submitted for recordation any deed, instrument
g or writing subject to the tax imposed by this ordinance and makes
10 any material misrepresentation of fact for the purpose of avoiding
lI all or any part of the tax imposed by this ordinance shall be
12 guilty of a misdemeanor.
13 No person or persons shall be liable, either civilly or
14 criminally, for any unintentional error made in designating the
15 location of the lands, tenements or other realty described in a
16 document subject to the tax imposed by this ordinance.
17 Se.c. 21-34 OPERATIVE DATE
lg This ordinance shall become operative at 12:01 a.m. on
19 January 1, 1968.
20 That this ordinance, before the expiration of fifteen (15)
21 days after its passage, shall be published with the names of the
22 members voting for and against the same, once, in a newspaper
23 published in•the County of Butte, State of California.
24 PASSED AND ADOPTED by the Board of Supervisors of the County
25 of Butte, State of California, this: 14th day of November, 1967,
2g by the following vote:
SOPERVI SO R'S DUNAWAY ~ McKILLOF, PRYDE ~ and' '
27 AYES: CHAI~£MAN HOWSDEN'.
NOES : MAXOIti.
28 ABSENT: NONE.
29
ARL L. OWSDE , Chairman o the
30 Butte Co ty Board of Supervisors
31 ATTEST:
JESSIE ROGERS, County Clerk
32 and ex-officio Clerk of the
Board of Supervisors
By Deputy