Administration of tax - Director of finance authority - Federal regulations applicable.
San José Municipal Code § 4.59.110
in effect4.59.110 - Administration of tax - Director of finance authority - Federal regulations applicable.
The Director shall collect the tax imposed under this Chapter and shall otherwise administer this Chapter. The Director may take such action and make such rules and regulations, not inconsistent with the Chapter, as the Director may deem reasonably necessary or desirable to administer this Chapter. In the administration of this Chapter, the Director shall interpret its provisions consistently with those Documentary Stamp Tax Regulations adopted by the Internal Revenue Service of the United States Treasury Department which relate to the Tax on Conveyances and identified as Sections 47.4361-1, 47.4361-2 and 47.4362-1 of Part 47 of Title 26 of the Code of Federal Regulations, as the same existed on November 8, 1967, except that for the purposes of this Chapter:
A. The term "realty," as used in said regulations, shall be deemed to mean "real property" as such term is defined by and under the laws of the State of California. Notwithstanding the preceding sentence, "realty sold" includes any acquisition or transfer of ownership interests in a legal entity that would be a change of ownership of the entity's real property under California Revenue and Taxation Code Section 64. In such cases, there shall be deemed to have been an instrument executed whereby there was transferred, for fair market value, all real property that experienced a change of ownership under California Revenue and Taxation Code Section 64;
B. Those provisions of said regulations providing for deduction of the value of any lien or encumbrance existing before the sale and not removed thereby shall not apply;
C. Those provisions of said regulations relating to the rate of tax shall not apply; and
D. Those provisions of said regulations which conflict with the provisions of this Chapter shall not apply.
(Res. 79325.)
Source: City of San José, Municipal Code (Municode Library, library.municode.com)URL: https://library.municode.com/ca/san_jose/codes/code_of_ordinances?nodeId=TIT4REFIBUTA_CH4.59REPRTRTA_4.59.110ADTAIRFIAUEDREAPFetched: 11/1/2026