Loading...
HomeMy WebLinkAbout1967-12-05; City Council; 1105; Real property sale documentary stamp taxLL ORDINANCE NO, 1105 SECTION 1: This ordinance shall be known as the "Real ty Transfer Ordinance of the City of Carlsbad". t to the authority contained in Part 6.7 ncing with Section 11901) of Division 2 of the Revenue ode of the State of California, SECTION 2: There is hereby imposed on each deed, instrument or writing by which any lands, t within the City of Carlsbad shal fer or purchasers, or direction, when th erty conveyed (exc remaining thereon dollars ($loo), a t cents ($0,275) for part thereof, ements, Or Other realty be granted, assigned, trans- or otherwise conveyed to, or 'vested in, the purchaser On Or persons, his Or their ion or value of the interest or prop- sale) exceeds one hundred twenty-seven and one-half dollars ($500) or fractional SECTION 3: Any tax imposed pursuant to Section 2 hereof any person who mak s signs or issues any document or instrument subject to the tax, or for whose benef the same is made, signed or issued. SECTlON 4: Any tax imposed pursuant to this ordinanc shall not app Y instrument i riting given to Secure a The United States any agency or instrumen- any state or territory, or politi District of Columbia shall not be 1 c %. 1 2 3 4 5 6 '7 8 9 10 11 12 15 14 35 %rg 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 0. x imposed pursuant to this ordinance with respe to any deed, in. strument, or titing to which it is a pa tax may be collected by assessment from any other party liable therefor. SECTION 6: Any 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 a railroad corporation, as defined in subdivision (m) of Section 205 of Title 11 of e United States Code, as amended; Approved in an equity receivership proceeding in involving a corporation, as defined in subdivision (3) of 506 of Title 11 of the U ted States Code, as amended; or (d) Whereby a mere hange in identity, form or place of or- ganization is effected, ions (a) to (d), inclusive, of this section shall only apply if the making, delivery or filing of instruments of transfer or conveyances occurs within five years from the date of such confirmation, approval or change, SECTION 7, Any tax imposed pursuant to this ordinance shall 1 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 nade recites that such convey ance 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: (a) In the case of any realty held by ship, 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 con- sidered 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 ealty concerned, (b) If there is a termination of any partnership within the leaning of Section 708 of the Internal Revenue Code of 19 mrposes of this ordinance, such partnership shall be tre laving executed an instrument wher iarket value (exclusive of the val -emaining thereon), If termination, Y there was conveyed, for of any lien Or en 1 realty held by such partnershi SECTION 9,: The County Recorde tn conformity with the provisions of levenue and Taxation Code and the pr zdopted pursuant ther 7 of Division 2 of the of any county ordinanct SECTION 10: Claims for r ursuant to this ordinance shall be governed by the provisions of Chapter 5 (commencing with Section 5096) of Part 9 of Division 1 of the Reve- nue and Taxa ion Code of the State of California. SECTION 11: This ordinance shall become operative upon the ate of any ordinance adopted by the County of San Diego, pursuant to Part 6.7 (commencing with Seetion 1 1) of Division of the Revenue and Taxation Code of the State fornia, Or date of this ordinance, whichev the later. Upon its adoption the City Clerk shall file two ordinance with the County Recorder of San niego Coun This ordinance, inasmuch as it provides for a ta 1 and current expenses of the city, shall take ,' c- >* J 3 2 5 t s f T 1 8 5 1c 13 a: 3-2 14 3: 2°C 1'; I€ %E 2c 21 22 2: 24 25 26 27 28 29 30 31 32 effect immediately, SECTION 14: The City Clerk of th ty of Carlsbad is here- by directed to cause this ordinance to be published once in the Carlsbad Journal, a newspaper in said City oE Carlsbad, ished and of general circulation PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of City of Carlsbad held on the 5th day of December __uI 1967, by the following vote, to wit: AYES: Councilmen Worthing, Neiswender, Atkinson, Dunne and NOES: None Jardine ABSENT: None ATTEST :