Laws, Regulations & Annotations

Property Taxes Law Guide – Revision 2014
 

Revenue and Taxation Code

Other Taxes

Part 6.7. Documentary Transfer Tax Act

CHAPTER 3. Exemptions

Section 11925

11925. Transfer of partnership interest. (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) 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) The continuing partnership or other entity treated as a partnership continues to hold the realty concerned.

(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) 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) 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.

History.—Stats. 1999, Ch. 75 (AB 1428), in effect January 1, 2000, added "or other . . . tax purposes" after "a partnership", and substituted "the partnership . . . the following occur" for "a partnership or otherwise if—" after "an interest in" in subdivision (a); substituted "The partnership . . . as partnership" for "Such partnership (or another partnership)" before "is considered", and substituted "1986" for "1954" after "Revenue Code of" in paragraph (1), substituted "The" for "Such" before "continuing", and added "or other entity treated as a partnership" after "partnership" in paragraph (2) of subdivision (a); added "or other . . . purposes," after "of any partnership", substituted "1986" for "1954" after "Revenue Code of", substituted "the partnership or other entity" for "such partnership" after "part," , substituted "the" for "such" after "realty held by", added "or other entity" after "partnership" and substituted "the" for "such" after "at the time of" in subdivision (b); substituted "a partnership . . . as a" for "such" after "realty held by", and substituted "the" for "such" after "at the time of" in subdivision (c); and added subdivision (d).