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1 ORDIIWICE NO. .2 J 41
2 All OIlDDWTC! or THE CITY or SAIl BEB.NAB.DlNO lMPOSlH A
DOCUMEIlTARY STAMP TAX 0111 tHE SALE or REAL PR.<PERTY.
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THE MAYOR. AND CO)K)N COUNCIL OF THE CITY OF SAIl BEB.HARDINO
4 DO OIlDUN AS FOLLOWS:
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SECTION ONE; This ordinance shall be known as the "Real
6 Property Transier Tax Ordinance of the City of San Bernardino".
7 It is adopted pursuant to the authority contained in Part 6.7
8 (commencing with Section 11901) of Division 2 of the Revenue and
9 Taxation Code of the State of California.
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SECTION '!WO: There is hereby imposed on each deed,
instrument or writing by which any lands, tenements, or other
realty sold within the City of San Bernardino shall be granted,
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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. -i~ thereon at the time of sale)
exceeds one hundred dollars ($loo), a tax at the rate of twenty-
seven and one-half cents ($0.275) for each five hundred dollars
($500) or fractional part thereof.
SECTION THREE: Any tax imposed pursuant to Section Two-"
hereof 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.
SECTION FOUIl: Any tax imposed pursuant to this ordinance
shall not apply to any instr\lllent in writing given to secure
a debt.
SECTION FIVE: The United States or any agency or
instrUlllentality 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, instr\lllent, or writing to which it is a
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party. but the tax may be collected by assessment from any other
party liable therefor.
SECTION SIX: Any tax imposed pursuant to this ordinance
shall not apply to the making. delivering or filing of convey-
ances to make effective any plan of reorganization or adjustment:
(a) Confirmed under the Federal Bankruptcy Act. as
..ended;
(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
aaen de d;
(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
organization is effected.
Subdivisions (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 SEVEN: Any tax imposed pursuant to this ordinance
shall not apply to the making or delivery of conveyances to make
effective any order of the Securities and Exchange COIIIIlliss ion ,
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 COIIII1ission
in obedience to which such conveyance is made recites that such
conveyance is necessary or appropriate to effectuate the pro-
visions 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
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tf) be conveyed;
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(c) Such conveyance 18 made in obedience to such order.
SECTION EIGlT: (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 terlllination 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 treated
as having executed an instrument whereby there was conveyed, for
fair market value (exclusive of the value of any lien or en-
cumbrance r8lll8ining thereon), all realty held by such partnership
at the time of such terlllination.
(c) Not more than one tax shall be imposed pursuant to
this ordinance by reason of a terlllination described in subdivision
(b), and any transfer pursuant thereto, with respect to the
realty held by such partnership at the time of such termination.
SECTION NINE: The County Recorder shall administer this
ordinance in conforlllity 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 TEN: Claims for refund of taxes imposed pursuant
to this ordinance 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.
SECTION ELEVEN: This ordinance shall become operative
upon the operative date of any ordinance adopted by the County
of, San Bernardino, pursuant to Part 6.7 (cOllDDencing with Section
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1 11901) of Division 2 of the Revenue and Taxation Code of the
2 State of California, or upon the effective date of this ordinance,
3 whichever is the later.
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SECTION TWELVE: Upon its adoption the City Clerk shall
file two copies of this ordinance with the County Recorder of
San Bernardino County.
SECTION THIRTEEN: This ordinance, inasmuch as it provides
for a tax levy for the usual and current expenses of the City,
shall take effect immediately.
I HEREBY CERTIFY that the foregoing ordinance was duly
adopted by the Mayor and COIIIIIon Council of the City of San Bernar-
dino at al"J "'~~/~ /"f/k) meeting thereof held on thecy~
day of 'zz~L t7, 1967 by the following vote, to wit:
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AYES:
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NOES: T~ '
ABSENT: 'nu.J
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--f)jJ fiy ~ ,
ordinance is hereby approved this did
, 1967.
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~ foregoing
day of ~
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Ma~t the~~rdino
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Approved as to form:
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C ty tt ney
FILED
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NOV 2 B 1967
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.JACK T. FELTON, City Clerk
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