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ORDINANCE NS-901 AMENDING THE SANTA ANA MUNICIPAL <br />CODE BY ADDING PA~T 4 TO CHAPTER 4, ARTICLE II <br />THEREOF TO PROVIDE FOR IMPOSING A DOCUMENTARY STAMP <br />TAX ON THE SAT,F. OF REAL PROPERTY <br /> <br /> WHEREAS, the Federal Government has discontinued the collec - <br />tion of the tax upon transfers of interest in real property; and <br /> <br /> WHEREAS, this avenue of taxation is available to the City of <br />Santa Ana in the event the County of Orange institutes a correlative <br />tax upon such transfers of real property; and <br /> <br /> WHEREAS, it is the desire of the City of Santa Aha that <br />additional tax revenues be gained; <br /> <br /> NOW, THEP~EFORE, THE CITY COUNCIL OF THE CITY OF SANTA ANA <br />DOES ORDAIN AS FOLLOWS: <br /> <br /> SECTION 1: That the Santa Ana Municipal Code is hereby <br />amended by adding to Chapter 4, Article II thereof a new Part 4 <br />to read in words and figures as follows: <br /> <br />Part 4 -- Documentary Stamp Tax <br /> <br />Section 2440. Authority. <br /> This Part shall be known as the "Real Property Transfer <br />Tax Ordinance of the City of Santa Aha". It is adopted pursuant <br />to the authority contained in Part 6.7.(commencing with <br />Section 11901) of Division 2 of the Revenue and Taxation Code <br />of the State of California. <br /> <br />Section 2441. Imposition and Rate of Tax. <br /> There is hereby imposed on each deed, instrument, or writing <br />by which any lands, tenements, or other realty sold within the <br />City of Santa Ana shall be granted, assigned, transferred, or <br />otherwise conveyed to, or vested in, the purchaser or purchasers, <br />or any other person or persons, by his or their direction, when <br />the consideration or value of the interest or property conveyed <br />(exclusive of the value of any lien or encumbrances remaining <br />thereon at the time of sale) exceeds one hundred dollars ($100), <br />a tax at the rate of twenty-seven and one-half cents ($0.275) <br />for each five hundred dollars ($500) or fractional part thereof. <br /> <br />Section 2442. Persons Subject to Tax. <br /> Any tax imposed pursuant to Section 2441. hereof shall be <br />paid by any person who makes, signs, or issues any document or <br />instrument subject to the tax, or for whose use or benefit the <br />same is made, signed, or issued. <br /> <br />Section 2443. Security Instruments Excluded. <br /> Any tax imposed pursuant to this Part shall not apply to any <br />instrument in writing given to secure a debt. <br /> <br />Section 2444. Governmental Agencies Exempt. <br /> The United States or any agency or instrumentality thereof, <br />any state or territory, or political subdivision thereof, or the <br />District of Columbia, shall not be liable for any tax imposed <br />pursuant to this Part with respect to any deed, instrument, or <br />writing to which it is a party, but the tax may be collected by <br />assessment from any other party liable therefor. <br /> <br />-1- <br /> <br /> <br />