Ordinance Number 132ORDINANCE NO. 132 1 1 1
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF SAN JUAN CAPISTRANO,
RELATING TO DOCUMENTARY STAMP TAXES
ON THE SALE OF REAL PROPERTY
The City Council of the City of San Juan Capistrano does ordain
as follows:
SECTION 1. This ordinance shall be known as the "Real Property
Transfer Tax Ordinance of the City of San Juan Capistrano". It is
adopted pursuant to the authority contained in Part 6.7 (commencing
with Section 11901) of Division 2 of the Revenue and Taxation Code
of the State of California. d
SECTION 2. There is hereby imposed on each deed, instrument
or writing by which any lands, tenaments, or other realty sold with-
in the City of San Juan Capistrano 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 dir-
ection, when the consideration 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 ($100.00),
a tax at the rate of twenty-seven and .one-half cents ($0.275) for
each five hundred dollars ($500.00) or fractional part thereof.
SECTION 3. TRANSFER TAX -- PERSONS SUBJECT.
Any tax imposed pursuant to Section 2 hereof shall be paid by
any person who makes, signs or issues any document or issues any
document or instrument subject to the, tax, or for whose use or bene-
fit the same is made, signed or issued.
SECTION 4. TRANSFER TAX -- DEBT EXCEPTION.
Any tax imposed pursuant to this ordinance shall not apply to
any instrument in writing given to secure a debt.
SECTION 5. TRANSFER TAX -- GOVERNMENTAL EXCEPTION.
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 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.
SECTION 6. TRANSFER TAX -- GENERAL EXCEPTIONS.
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Any tax imposed pursuant to this ordinance 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 sub-
division (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 organ-
ization is effected.
Subdivisions (a) to (d), inclusive, of this section shall only
apply ifthemaking, delivery or filing of instruments of transfer
or conveyances occurs within five years from the date of such confirm-
ation, approval or change.
SECTION 7. TRANSFER TAX -- EXCEPTIONS ON ORDERS OF
SECURITIES AND EXCHANGE COMMISSION.
Any tax imposed pursuant to this ordinance shall not apply to
the making or delivery of conveyances,�o make effective any order of
the Securities and Exchange Commission, as defined in subdivision
(a) of Section 1083 of the Interridl 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.
SECTION 8. TRANSFER TAX -- PARTNERSHIP EXCEPTIONS.
(a) In the case of any realty held by a partnership, no levy
shall be imposed pursuant to this ordinance by reason of
any transfer of an interest in -a partnership or otherwise,
if --
(1) Such partnership (or another 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 purposes of this ordinance, such partnership
-shall be treatedashaving executed an instrument whereby
there was conveyed, for fair market value (exclusive of the
value of any lien or encombrance remaining thereon), all
realty held by such partnership.,at the time of such termi-
nation.
(c) Not more than one tax shall be imposed pursuant to this
ordinance by reason of a termination described in sub-
division (b), and any transfer pursuant thereto, with
respect to the realty held by such partnership at the time
of such termination.
SECTION 9. ADMINISTRATION OF TAX.
The County Recorder shall administer this ordinance 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.
SECTION 10. REFUND.
Claims for refund of taxes imposed pursuant to this ordinance
shall be,gbvexned 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.
SECTION 11. OPERATIVE DATE.
This ordinance shall become operative upon the operative date
of any ordinance adopted by the County of Orange, pursuant to Part
6.7 (commencing with Section 11901) of Division 2 of the Revenue and
Taxation Code of the State of California, or upon the effective date
of this ordinance, whichever is the later.
SECTION 12. COPIES.
Upon its adoption the City Clerk shall file two copies of this
ordinance with the County Recorder of Orange County.
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SECTION 13. The City Clerk shall certify to the passage of
this ordinance and shall cause the same to be printed once within
fifteen (15) days after its adoption, in the Coastline Dispatch, a
newspaper of general circulation, published and circulated in said
City, and immediately upon and after its final passage, it shall
take effect and be in full force.
THE FOREGOING ORDINANCE is approved and signed by me this 26th
day of February, 1968.
Mayor of the City of
San Juan Capistrano
ATTEST•
a
it lerk of the City(/of
San Juan Capistrano
STATE OF CALIFORNIA
COUNTY OF ORANGE ss
CITY OF SAN JUAN CAPISTRANO
I, ERNEST A. THOMPSON, City Clerk of the City of San Juan
Capistrano, do hereby certify that the attached and foregoing
ordinance was duly and regularly adopted by the said City Council
at a regular meeting thereof held on the 26th day of February, 1968,
and passed by a majority vote of said Council.
AYES: COUNCILMEN: CHERMAK,•BATHGATE, DURNFORD
i
NOES: COUNCILMEN: BUCHHEIM,`OLIVARES
ABSENT: COUNCILMEN: NONE.,- � tA O
CITY CLERK %/