HomeMy WebLinkAbout1237 - Sale of Real Property Transfer TaxTHSomec
11/7/67
ORDINANCE NO. 1237
AN ORDINANCE OF THE CITY OF NEWPORT BEACH ADDING
CHAPTER 3.22 TO THE NEWPORT BEACH MUNICIPAL CODE
IMPOSING A REAL PROPERTY TRANSFER TAX ON THE SALE
OF REAL PROPERTY
The City Council of the City of Newport Beach does
ordain as follows-,
SECTION 1. Chapter 3.22 is added to the Newport Beach
Municipal Code to read-,
"Chapter 3.22
REAL PROPERTY TRANSFER TAX
Sections.-
3.22.010 Short Title o- Adoption Authority.
3.22.020 Tax Imposed.
3.22.030 Persons Liable for Tax.
3.22.040 Exemption =m Security Instruments.
3022.050 Exemption Governmental Agencies.
3022.060 Exemption mm Insolvency or Bankruptcy.
3.22.070 Exemption Orders of Securities and
Exchange Commission.
3.22.080 Exemption d- Certain Partnership Transfers.
3.22.090 Administration.
3.22.100 Refunds.
• 3.22.110 Operative Date.
3.22.010 Short Title m® Adoption Authority. This
Chapter shall be known as the 'Real Property Transfer Tax
Ordinance of the City of Newport Beach. It is adopted
pursuant to the authority contained in Part 6.7 (commencing
with Section 11901) of Division 2 of the Revenue and Taxa-
tion Code of the State of California.
3.22.020 Tax Imposed. There is hereby imposed on
each deed, instrument or writing by which any lands, tene-
ments, or other realty sold within the City shall be
granted, assigned, transferred or otherwise conveyed tog
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
(exclusive of the value of any lien or encumbrances remain-
ing thereon at the time of sale) exceeds one hundred dollars
($100), a tax at the rate of twenty -seven and one-half
cents ($0.275) for each five hundred dollars ($500) or
fractional part thereof.
3.22,030 Persons Liable for Tax. The tax imposed
by 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.
3.22.040 Exemption -- Security Instruments. The
tax imposed by this Chapter shall not apply to any instru-
ment in writing given to secure a debt.
3.22.050 Exemption -- Governmental Agencies. 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 by this Chapter with respect to any deed, instrument,
3.22.060 Exemption -- Insolvency or Bankruptcy. The
tax imposed by this Chapter 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
2.
or writing to which
it is
a party,
but the
tax may be col-
lected by assessment
from
any other
party
liable therefor.
3.22.060 Exemption -- Insolvency or Bankruptcy. The
tax imposed by this Chapter 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
2.
(d) Whereby a mere change in identity, form or place
of organization is effected,
Subsections (a) to (d), inclusive, of this section
shall only apply if the making, delivery or filing of in-
struments of transfer or conveyances occurs within five (5)
years from the date of such confirmation, approval or change,
30220070 Exemption -- Orders of Securities and Exchange
Commission, The tax imposed by 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 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
0 V 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.
3,22,080 Exemption -- Certain Partnership Transfers.
1, In the case of any realty held by a partnership, no tax
shall be imposed pursuant to this Chapter by reason of any
transfer of an interest in a partnership or otherwise, if-
(a) Such partnership (or another partnership) is con-
sidered a continuing partnership within the meaning of Sec-
tion 708 of the Internal Revenue Code of 1954; and
(b) Such continuing partnership continues to hold the
realty concerned,
-'O 20 If there is a termination of any partnership within
the meaning of Section 708 of the Internal Revenue Code of
30
1954, for 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.
3. Not more than one tax shall be imposed pursuant
to this Chapter by reason of a termination described in
subsection 2, and any transfer pursuant thereto, with respect
to the realty held by such partnership at the time of such
termination.
3.22.090 Administration. The County Recorder shall ad-
minister this Chapter in conformity with the provisions of
Part 6.7 of Division 2 of the Revenue and Taxation Code and
the provisions of any County ordinance adopted pursuant
thereto.
3.22.100 Refunds. Claims for refund 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 Revenue and Taxation Code of the State of
California.
3.22.110 Operative Date. This Chapter shall not be-
come operative unless the County of Orange has adopted an
ordinance imposing a tax on transfers of real property pur-
suant to the provisions of Part 6.7 of Division 2 of the
Revenue and Taxation Code of the State of California. If
the County of Orange has adopted such an ordinance which
has become operative at 12001 A.M. on January 1, 1968, or on
any later date, then this Chapter shall become operative
simultaneously with the operative date of said County ordi-
nance."
SECTION 2. Upon its adoption, the City Clerk shall
file two copies of this ordinance with the County Recorder of
Orange County.
4.
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SECTION 3. This ordinance shall be published once in
the official newspaper of the City, and the same shall be effec-
tive 30 days after the date of its adoption.
This ordinance was introduced at a regular meeting of
the City Council of the City of Newport Beach held on the 13th
day of November , 1967, and was adopted on the 27th day
of November , 1967, by the following vote, to wit:
5.