Section § 11921

Explanation

This law states that taxes from this part don't apply to written documents used to secure a debt, like a mortgage or lien.

Any tax imposed pursuant to this part shall not apply to any instrument in writing given to secure a debt.

Section § 11922

Explanation

This law states that when the United States government or any of its agencies, a state, territory, or any of their subdivisions are acquiring property, they don't have to pay certain taxes on the process.

Any deed, instrument or writing to which the United States or any agency or instrumentality thereof, any state or territory, or political subdivision thereof, is a party shall be exempt from any tax imposed pursuant to this part when the exempt agency is acquiring title.

Section § 11923

Explanation

This law exempts certain tax from being applied to the process of making, delivering, or filing conveyances (legal documents for transferring property) as part of a reorganization or adjustment. These situations include reorganizations confirmed under the Federal Bankruptcy Code, those approved in equity receivership proceedings involving railroad corporations or other corporations, and scenarios where there's a mere change in identity, form, or location of the organization. This exemption applies only if the conveyance occurs within five years of the reorganization or adjustment.

(a)CA Revenue & Taxation Code § 11923(a) Any tax imposed pursuant to this part shall not apply to the making, delivering, or filing of conveyances to make effective any plan of reorganization or adjustment that is any of the following:
(1)CA Revenue & Taxation Code § 11923(a)(1) Confirmed under the Federal Bankruptcy Code, as amended.
(2)CA Revenue & Taxation Code § 11923(a)(2) Approved in an equity receivership proceeding in a court involving a railroad corporation, as defined in Section 101 of Title 11 of the United States Code, as amended.
(3)CA Revenue & Taxation Code § 11923(a)(3) Approved in an equity receivership proceeding in a court involving a corporation, as defined in Section 101 of Title 11 of the United States Code, as amended.
(4)CA Revenue & Taxation Code § 11923(a)(4) Whereby a mere change in identity, form, or place of organization is effected.
(b)CA Revenue & Taxation Code § 11923(b) Subdivision (a) shall only apply if the making, delivery, or filing of instruments of transfer or conveyances occurs within five years from the date of the confirmation, approval, or change.

Section § 11924

Explanation

This law says that if the Securities and Exchange Commission (SEC) orders a property transfer under the Public Utility Holding Company Act of 1935, you don't have to pay certain taxes on that transfer. But, there are conditions: the SEC order must say that the transfer is necessary, it must specify which property needs to be transferred, and the transfer must be done as the order requires.

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)CA Revenue & Taxation Code § 11924(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)CA Revenue & Taxation Code § 11924(b) Such order specifies the property which is ordered to be conveyed;
(c)CA Revenue & Taxation Code § 11924(c) Such conveyance is made in obedience to such order.

Section § 11925

Explanation

This law states that if property is owned by a partnership or an entity considered a partnership for tax purposes, no transfer tax is applied when an interest in the partnership is transferred, as long as the partnership continues to exist and own the property. It outlines that in case of partnership termination, the property is treated as sold at fair market value, but only one tax can be imposed on such transfers related to termination. It also clarifies that no tax is due when property ownership shifts in title form but retains the same ownership proportions.

(a)CA Revenue & Taxation Code § 11925(a) In the case of any realty held by a partnership or other entity treated as a partnership for federal income tax purposes, no levy shall be imposed pursuant to this part by reason of any transfer of an interest in the partnership or other entity or otherwise, if both of the following occur:
(1)CA Revenue & Taxation Code § 11925(a)(1) The partnership or other entity treated as a partnership is considered a continuing partnership within the meaning of Section 708 of the Internal Revenue Code of 1986.
(2)CA Revenue & Taxation Code § 11925(a)(2) The continuing partnership or other entity treated as a partnership continues to hold the realty concerned.
(b)CA Revenue & Taxation Code § 11925(b) If there is a termination of any partnership or other entity treated as a partnership for federal income tax purposes, within the meaning of Section 708 of the Internal Revenue Code of 1986, for purposes of this part, the partnership or other entity shall be treated as having executed an instrument whereby there was conveyed, for fair market value (exclusive of the value of any lien or encumbrance remaining thereon), all realty held by the partnership or other entity at the time of the termination.
(c)CA Revenue & Taxation Code § 11925(c) Not more than one tax shall be imposed pursuant to this part by a county, city and county or city by reason of a termination described in subdivision (b), and any transfer pursuant thereto, with respect to the realty held by a partnership or other entity treated as a partnership at the time of the termination.
(d)CA Revenue & Taxation Code § 11925(d) No levy shall be imposed pursuant to this part by reason of any transfer between an individual or individuals and a legal entity or between legal entities that results solely in a change in the method of holding title to the realty and in which proportional ownership interests in the realty, whether represented by stock, membership interest, partnership interest, cotenancy interest, or otherwise, directly or indirectly, remain the same immediately after the transfer.

Section § 11926

Explanation

This law explains that property transfer taxes don't apply to deeds or documents given to a lender or mortgage holder from the borrower during foreclosure, unless the property's value is more than the remaining debt and foreclosure costs. If the property's value is higher, the extra amount is taxed. The details of the transaction, such as the debt amount and the identities of the parties involved, have to be clearly stated on the documents or through a sworn statement for tax purposes.

Any tax imposed pursuant to this part shall not apply with respect to any deed, instrument, or writing to a beneficiary or mortgagee, which is taken from the mortgagor or trustor as a result of or in lieu of foreclosure; provided, that such tax shall apply to the extent that the consideration exceeds the unpaid debt, including accrued interest and cost of foreclosure. Consideration, unpaid debt amount and identification of grantee as beneficiary or mortgagee shall be noted on said deed, instrument or writing or stated in an affidavit or declaration under penalty of perjury for tax purposes.

Section § 11927

Explanation

This law section states that any tax typically applied to documents transferring property does not apply when the property transfer is between spouses and is part of dividing community or quasi-community property after a divorce, legal separation, annulment, or similar legal judgment. This also includes transfers made according to a written agreement between the spouses if it is made in anticipation of such a judgment, even if the agreement is not officially part of the judgment.

To be eligible for this tax exemption, the document must have a statement, signed by either spouse, indicating it qualifies for this exemption.

(a)CA Revenue & Taxation Code § 11927(a) Any tax imposed pursuant to this part shall not apply with respect to any deed, instrument, or other writing which purports to transfer, divide, or allocate community, quasi-community, or quasi-marital property assets between spouses for the purpose of effecting a division of community, quasi-community, or quasi-marital property which is required by a judgment decreeing a dissolution of the marriage or legal separation, by a judgment of nullity, or by any other judgment or order rendered pursuant to the Family Code, or by a written agreement between the spouses, executed in contemplation of any such judgment or order, whether or not the written agreement is incorporated as part of any of those judgments or orders.
(b)CA Revenue & Taxation Code § 11927(b) In order to qualify for the exemption provided in subdivision (a), the deed, instrument, or other writing shall include a written recital, signed by either spouse, stating that the deed, instrument, or other writing is entitled to the exemption.

Section § 11928

Explanation

This law states that if the State of California, or any of its political subdivisions or agencies, transfers real property through a deed or similar document, and there is an agreement in place for the buyer to immediately transfer that property back to the exempt agency, then the usual tax that would apply to such transfers does not need to be paid.

Any tax imposed pursuant to this part shall not apply with respect to any deed, instrument, or other writing by which realty is conveyed by the State of California, any political subdivision thereof, or agency or instrumentality of either thereof, pursuant to an agreement whereby the purchaser agrees to immediately reconvey the realty to the exempt agency.

Section § 11929

Explanation

This law states that if the State of California or its subdivisions or agencies transfer property to a nonprofit corporation, it won't be subject to a specific tax. This only applies if the property was funded or refinanced by certain obligations the nonprofit issued for a governmental unit.

Any tax imposed pursuant to this part shall not apply with respect to any deed, instrument, or other writing by which the State of California, any political subdivision thereof, or agency or instrumentality of either thereof, conveys to a nonprofit corporation realty the acquisition, construction, or improvement of which was financed or refinanced by obligations issued by the nonprofit corporation on behalf of a governmental unit, within the meaning of Section 1.103-1 (b) of Title 26 of the Code of Federal Regulations.

Section § 11930

Explanation

This law states that tax won't apply to any document transferring property if the transfer is a gift made during someone's lifetime or occurs because of someone's death. This applies whether the property is given directly to someone or put in a trust for them.

Any tax imposed pursuant to this part shall not apply to any deed, instrument, or other writing which purports to grant, assign, transfer, convey, divide, allocate, or vest lands, tenements, or realty, or any interest therein, if by reason of such inter vivos gift or by reason of the death of any person, such lands, tenements, realty, or interests therein are transferred outright to, or in trust for the benefit of, any person or entity.