[HISTORY: Adopted by the Mayor and Council
of the City of Harrington as indicated in article histories. Amendments
noted where applicable.]
[Adopted 8-14-1989 by Ord. No. 89-18;
amended in its entirety 4-16-2018 by Ord. No. 18-04]
For the purposes of this article, the following words and phrases
shall have the meanings respectively ascribed to them by this section:
Any deed, instrument or writing whereby any real estate within
the corporate limits of the City, or any interest therein, shall be
quitclaimed, granted, bargained, sold or otherwise conveyed to the
grantee, but shall not include the following:
Any will;
Any lease;
Any mortgage;
Any conveyance between corporations operating housing projects
pursuant to Chapter 45 of Title 31 of the Delaware Code, and the shareholders
thereof;
Any conveyance between nonprofit industrial development agencies
and industrial corporations purchasing from them;
Any conveyance to nonprofit industrial agencies;
Any conveyance between husband and wife;
Any conveyance between persons who were previously husband and
wife, but who have since been divorced, provided that such conveyance
is made after the granting of the final decree in divorce and the
real estate or interest therein subject to such conveyance was acquired
by the husband and wife, or husband or wife, prior to the granting
of the final decree in divorce;
Any conveyance between parent and child or the spouse of such
a child;
Any conveyance:
To a trustee, nominee or straw party for the grantor as beneficial
owner;
For the beneficial ownership of a person other than the grantor
where, if such person were the grantee, no tax would be imposed upon
the conveyance pursuant to this chapter; or
From a trustee, nominee or straw party to the beneficial owner;
Any conveyance between a parent corporation and a wholly owned
subsidiary corporation, provided that such conveyance is without actual
consideration;
Correctional deeds without actual consideration;
Any conveyance to or from the United States, this state or to
any of their instrumentalities, agencies or political subdivisions;
Any conveyance by the owner of previously occupied residential
premises to a builder of new residential premises when such previously
occupied residential premises are taken in trade by such builder as
a part of the consideration from the purchaser of new, previously
unoccupied premises;
Any conveyance to the lender holding a bona fide mortgage, which
is genuinely in default, either by a sheriff conducting a foreclosure
sale, or by the mortgagor in lieu of foreclosure;
Any conveyance to a religious organization or other body or
person holding title to real estate for a religious organization,
if such real estate will not be used following such transfer by the
grantee, or by any privy of the grantee, for any commercial purpose;
provided, however, that only that portion of the tax which is attributable
to and payable by the religious organization or other body or person
holding title to real estate for a religious organization under 30
Del. C. § 5402 shall be exempt;
Any conveyance to or from a nonprofit corporation organization
of real estate acquired for the purpose of rehabilitation and resale
without profit;
Any transfer to or from a corporation, or a partnership, where
the grantor or grantee owns stock of the corporation or an interest
in the partnership, in the same proportion as his interest in or ownership
of the real estate being transferred; provided, however, that this
shall not apply to any distribution in liquidation or other transfer
resulting from the liquidation of a corporation unless the stock of
the corporation being liquidated has been held by the grantor or grantee
for more than three years;
Any conveyance to or from a volunteer fire company, organized
under the laws of this state; provided, however, that only that portion
of the tax which is attributable to and payable by the volunteer fire
company under 30 Del. C. § 5402 shall be exempt;
Any conveyance of a "mobile home" as defined in 25 Del. C. § 7003,
provided tax on said conveyance has been paid under 30 Del. C. § 3002;
Any conveyance without consideration to an organization exempt
from tax under § 501(c)(3) of the federal Internal Revenue
Code;
Any conveyance to a nonprofit conservation organization when
the property is purchased for open space preservation purposes;
Any conveyance to or from an organization exempt from tax under
§ 501(c)(3) of the federal Internal Revenue Code when the
purpose of said conveyance is to provide owner-occupied housing to
low- and moderate-income households by rehabilitating residential
properties and reselling said properties without profit;
Any conveyance between siblings, half siblings, or step siblings.
The term "document" defined in Subsection A shall include the following:
Any writing purporting to transfer a title interest or possessory
interest for a term of more than five years in a condominium unit
or any unit properties subject to the Unit Property Act;
Any writing purporting to transfer a title interest or possessory
interest of any lessee or other person in possession of real estate
owned by the state or other political subdivision thereof;
Any writing purporting to assign or transfer a leasehold interest
or possessory interest in residential property under a lease for a
term of more than five years. For this purpose, the term "residential
property" means any structure or part of structure which is intended
for residential use, and excluding any commercial unit subject to
tax under 30 Del. C. § 2301, Subsection (6), Paragraph (88),
relating to commercial lessors.
A natural person who, individually or as a co-tenant, has
at no time held any interest in residential real estate, wherever
located, and which has been occupied as his or her principal residence,
and who intends to occupy the property being conveyed as his or her
principal residence within 90 days following recordation.
The making, executing, delivering, accepting or presenting
for recording of a document.
In the case of any document granting, bargaining, selling
or otherwise conveying any real estate or interest or leasehold interest
therein, the amount of the actual consideration thereof, including
liens or other encumbrances thereon and ground rents, or a commensurate
part of the liens or other encumbrances and ground rents which encumber
the interest in real estate and any other interest in real estate
conveyed; provided that in the case of a transfer for an amount less
than the highest appraised full value of said property for local real
property tax purposes, "value" shall mean the highest such appraised
value unless the parties or one of them can demonstrate that fair
market value is less than the highest appraised value, in which case
"value" shall mean fair market value, or actual consideration, whichever
is greater. A demonstration that the transaction was at arm's
length between unrelated parties shall be sufficient to demonstrate
that the transaction was at fair market value.
A.Â
Every person who makes, executes, issues or delivers any document,
or in whose behalf any document is made, executed, issued or delivered,
shall pay therefor and in respect thereof, or for and in respect of
the vellum, parchment or paper upon which such document is written
or printed, a tax at the rate of 1.5% of the value of the property
represented by such document, which tax shall be payable at the time
of the making, execution, issuance or delivery of such document; said
tax is to be apportioned equally between grantor and grantee unless
otherwise provided for by agreement of the parties.
B.Â
Where a person acquires title to any lands, tenements or hereditaments
as a nominee or as a straw party for the real grantee or purchaser,
the transfer of such title by such nominee or straw party to the real
grantee or purchaser shall be exempt from this tax.
C.Â
Where a person acquires title to any lands, tenements or hereditaments
for the purpose of holding same as a nominee or as a straw party for
the grantor, such transfer of title to the nominee or straw party
shall be exempt from this tax.
D.Â
There shall be no tax imposed on the grantees' portion only of those transfers where all grantees qualify as first-time home buyers. For purposes of this article, "first-time home buyer" shall have that meaning given in § 378-1. The first-time home buyer must file an affidavit certifying to his/her qualifications before the exemption can be granted. In order to alleviate claims for rebate of the transfer tax paid, no rebate shall be made once the deed for the transaction has been recorded.
A.Â
Priority of tax. The tax imposed by this article shall be fully paid
and have priority out of the proceeds of any judicial sale of real
estate before any other obligation, claim, lien, judgment, estate
or costs of the sale, and of the writ upon which the sale is made,
and the sheriff or other officer conducting such sale shall pay the
tax herein imposed out of the first moneys paid to him/her in connection
therewith, unless previously paid by any party; provided, however,
that any tax imposed by the state shall have priority over the tax
imposed under this article.
B.Â
Determination of value. The value for determining the tax shall be
the highest of the following:
C.Â
Collector of tax. The settlement attorney, the Kent County Recorder
of Deeds, or such other person or entity as determined by the city
shall be the collector of the tax imposed by this article.
D.Â
Evidence of payment. The payment of the tax imposed by this article
shall be evidenced by a notation of payment on the document. The collector
shall note on the document the payment of the tax, the amount of payment,
and the date of payment. Such notation shall be conclusive evidence
of payment as to any subsequent purchaser relying thereon.
A.Â
No person shall make, execute, issue, deliver, or accept, or cause
to be made, executed, issued, delivered, or accepted, any document
without the full amount of tax due thereon under the provisions of
this article being duly paid.
B.Â
No person shall accept for recording in the office of any recorder
of deeds any document upon which the realty transfer tax is imposed
by this article without the proper evidence of payment of the tax
affixed thereto as required by this article as is indicated in such
document or accompanying affidavit.
C.Â
No person shall submit a false affidavit in any respect which would
entitle them to the first-time home buyer exemption.
Any person who violates this article shall be deemed to be guilty
of a misdemeanor and, upon conviction in a court of competent jurisdiction,
shall be fined not more than $500 and imprisoned for not more than
one year, or both, and in addition shall be required to pay to the
City any unpaid transfer tax plus accrued interest at the rate of
1.5% per month and upon direction by the City Council shall be referred
to the Attorney General of the state for criminal prosecution.
[Adopted 6-28-2007 by Ord. No. 07-08]
[1]
Editor's Note: The title of this article was amended to include
"disabled property owners" 5-7-2012 by Ord. No. 12-07.
A.Â
An applicant who qualifies under this article shall be entitled to a discount as set forth in Chapter 180, Fees, Municipal, on all real property taxes on the applicant's eligible property as defined in § 378-13, provided that the taxes are paid in full on or before October 31 of each year.
[Amended 5-7-2012 by Ord. No. 12-07]
B.Â
This discount shall not apply to sewer, trash or other
fees.
[Amended 5-7-2012 by Ord. No. 12-07]
[Amended 2-21-2017 by Ord. No. 17-01]
The applicant shall have maintained his/her principal place
of residence in the State of Delaware for the five years immediately
preceding the tax year for which application is being made. In addition,
the dwelling for which the exemption is sought must be the principal
place of residence of the applicant at the time of application and
must have been the principal place of residence for the 12 months
immediately preceding the tax year for which application is being
made. If at any time the dwelling is no longer the principal place
of residence of the applicant, the discount will be removed for all
future tax years. The applicant may apply for partial tax relief again
if he/she once again meets the eligibility requirements.
[Amended 5-7-2012 by Ord. No. 12-07; 2-21-2017 by Ord. No. 17-01]
Title to the property for which the exemption is sought must
be in the name of applicant or in the name of the applicant and the
applicant's spouse or in the name of a revocable grantor trust
as reflected in the official records of Kent County.
A.Â
Property considered eligible for inclusion under this
article shall be only the residence dwelling and land owned by an
eligible applicant.
[Amended 5-7-2012 by Ord. No. 12-07]
[1]
Editor’s Note: Former § 378-14, Partial tax relief
without application, added 5-7-2012 by Ord. No. 12-07, was repealed
2-21-2017 by Ord. No. 17-01.
[Amended 5-7-2012 by Ord. No. 12-07]
A.Â
Applicants or their legal agents must verify their eligibility and
shall make an application for such tax relief upon forms provided
by the City Clerk and/or his/her designee which shall include the
following information:
B.Â
Applications for partial tax relief for senior citizen and disabled
property owners shall be submitted to the City Clerk and/or his/her
designee by May 31 for the upcoming tax year. If May 31 falls on a
weekend or holiday, applications shall be due the first working day
following May 31.
[Amended 2-21-2017 by Ord. No. 17-01]
C.Â
Applicants filing for partial tax relief based on disability must
apply every year to continue to qualify for partial tax relief. Applicants
filing for partial tax relief based on age do not need to apply every
year to continue to qualify. If the applicant is ineligible when applying
or the discount is removed from a property because the applicant becomes
ineligible, then the applicant must apply again when all eligibility
requirements are met in order to receive the discount.
[Amended 2-21-2017 by Ord. No. 17-01]
[Added 5-7-2012 by Ord. No. 12-07[1]]
A.Â
The City Clerk and/or his/her designee shall determine whether the
applicant qualifies for the deduction permitted by this article.
B.Â
No application shall be approved unless all taxes, user fees, sewer
charges, liens, and all other taxes and fees then due to or collectible
by the City of Harrington have been paid in full by the application
submission deadline date.
[1]
Editor's Note: This ordinance also redesignated former
§§ 378-16 through 378-21 as §§ 378-18
through 378-23, respectively.
An applicant may appeal the disposition of a
discount claim to the Mayor and Council. Appeal hearings will be scheduled
at the convenience of the Mayor and Council.[1]
[1]
Editor’s Note: Former Art. III, Downtown Revitalization
Area Tax Incentive Program, adopted 9-7-2005 by Ord. No. 05-07, as
amended, which immediately followed, was repealed 5-16-2016 by Ord.
No. 16-07. Former Art. IV, Discount for Early Tax Payment, and Art.
V, Capitation Tax, which articles were adopted 6-20-2011 by Ord. No.
11-03, were repealed 5-7-2012 by Ord. No. 12-07.