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NS-901
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Last modified
1/3/2012 1:05:32 PM
Creation date
6/26/2003 10:08:04 AM
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Template:
City Clerk
Doc Type
Ordinance
Doc #
NS-901
Date
12/4/1967
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Section 2445. Exemptions. <br /> Any tax imposed pursuant to this Part shall not apply to <br />the making, delivering, or filing of conveyances to make <br />effective any plan of reorganization or adjustment-- <br /> <br /> (a) Confirmed under the Federal Bankruptcy Act, as amended; <br /> (b) Approved in an equity receivership proceeding in a <br /> court involving a railroad corporation, as defined in <br /> subdivision (m) of Section 205 of Title 11 of the <br /> United States Code, as amended; <br /> (c) Approved in an equity receivership proceeding in a <br /> court involving a corporation, as defined in subdivision <br /> (3) of Section 506 of Title 11 of the United States <br /> Code, as amended; or <br /> (d) Whereby a mere change in identity, form, or place of <br /> organization is effected. <br /> Subdivisions (a) to (d), inclusive, of this Section shall <br />only apply if the making, delivery, or filing of instruments of <br />transfer or conveyances occurs within five years from the date <br />of such confirmation, approval, or change. <br /> <br />Section 2446. Exemptions. <br /> <br /> Any tax imposed pursuant to this Part shall not apply to the <br />making or delivery of conveyances to make effective any order of <br />the Securities and Exchange Commission, as defined in subdivision <br />of Section 1083 of the Internal Revenue Code of 1954; but only <br />if-- <br /> (a) The order of the Securities and Exchange Commission in <br /> obedience to which such conveyance is made recites that <br /> such conveyance is necessary or appropriate to effectuate <br /> the provisions of Section 79k of Title 15 of the United <br /> States Code, relating to the Public utility Holding <br /> Company Act of 1935; <br /> (b) Such order specifies the property which is ordered to be <br /> conveyed; <br /> (c) Such conveyance is made in obedience to such order. <br /> <br />Section <br /> <br />(b) <br /> <br />(c) <br /> <br />2447. Partnership Transactions. <br />In the case of any realty held by a partnership, no levy <br />shall be imposed pursuant to this Part by reason of any <br />transfer of an interest in a partnership or otherwise in <br />the event the following conditions obtain: <br /> (1) Such partnership (or another partnership) is con- <br /> sidered a continuing partnership within the meaning <br /> of Section 708 of the Internal Revenue Code of 1954; <br /> and <br /> (2) Such continuing partnership continues to hold the <br /> realty concerned. <br /> <br />If there is a termination of any partnership within the <br />meaning of Section 708 of the Internal Revenue Code of <br />1954, for purposes of this Part, such partnership shall <br />be treated as having executed an instrument whereby there <br />was conveyed, for fair market value (exclusive of the <br />value of any lien or encumbrance remaining thereon), all <br />realty held by such partnership at the time of such <br />termination. <br /> <br />Not more than one tax shall be imposed pursuant to this <br />Part by reason of a termination described in subdivision ~), <br />and any transfer pursuant thereto, with respect to the <br />realty held by such partnership at the time of such <br />termination. <br /> <br />-2- <br /> <br /> <br />
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