Today's Law As Amended


Bill PDF |Add To My Favorites | print page

AB-561 Taxation: documentary transfer tax.(2013-2014)



As Amends the Law Today


SECTION 1.

 Section 11911 of the Revenue and Taxation Code is amended to read:

11911.
 (a) The board of supervisors of any county or city and county, by an ordinance adopted pursuant to this part, may impose, on each deed, instrument, or writing by which any lands, tenements, or other realty sold within the county shall be granted, assigned, transferred, or otherwise conveyed to, or vested in, the purchaser or purchasers, or any other person or persons, by his  his, her,  or their direction, when the consideration or value of the interest or property conveyed (exclusive of the value of any lien or encumbrance remaining thereon at the time of sale) exceeds one hundred dollars ($100) ($100),  a tax at the rate of fifty-five cents ($0.55) for each five hundred dollars ($500) or fractional part thereof.
(b) The legislative body of any city which that  is within a county which that  has imposed a tax pursuant to subdivision (a) may, by an ordinance adopted pursuant to this part, impose, on each deed, instrument, or writing by which any lands, tenements, or other realty sold within the city shall be granted, assigned, transferred, or otherwise conveyed to, or vested in, the purchaser or purchasers, or any other person or persons, by his  his, her,  or their direction, when the consideration or value of the interest or property conveyed (exclusive of the value of any lien or encumbrance remaining thereon at the time of sale) exceeds one hundred dollars ($100), a tax at the rate of one-half the amount specified in subdivision (a) for each five hundred dollars ($500) or fractional part thereof.
(c) A credit shall be allowed against the tax imposed by a county ordinance pursuant to subdivision (a) for the amount of any tax due to any city by reason of an ordinance adopted pursuant to subdivision (b). No credit shall be allowed against any county tax for a city tax which that  is not in conformity with this part.
(d) For purposes of this section, “realty sold” includes, but is not limited to, any acquisition or transfer of ownership interests in a legal entity that would constitute a change in ownership of that legal entity’s real property as set forth in Chapter 2 (commencing with Section 60) of Part 0.5 of Division 1.
(e) A city, county, or city and county that imposes a documentary transfer tax shall submit information to the Board of Equalization annually regarding the imposition of the documentary transfer tax. The board shall compile this information into a report and make the report available to the public.

SEC. 2.

 Section 11924 of the Revenue and Taxation Code is repealed.

11924.
 Any tax imposed pursuant to this part 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 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.