TITLE 19. FINANCE, TAXES AND COLLECTIONS
CHAPTER 19-1400. REALTY TRANSFER TAX
§19-1407. Acquired Real Estate Company. [205]
(1) A real estate company is an acquired real estate
company upon a change in the ownership interest in the company, however
effected, if the change:
(a) does not affect the continuity of the
company; and
(b) of itself or together with prior changes has the
effect of transferring, directly or indirectly, ninety percent (90%) or more of
the total ownership interest in the company within a period of three (3) years.
A transfer shall be considered to have occurred within a period of three years
of another transfer or transfers, if a legally binding commitment to execute
that transfer was made within that period.
The tax is measured by the
value of the cumulative percentage of change.
(2) With respect to real
estate acquired after February 16, 1986, a family farm corporation is an
acquired real estate company when, because of voluntary or involuntary
dissolution, it ceases to be a family farm corporation or when, because of
issuance or transfer of stock or because of acquisition or transfer of assets
that are devoted to the business of agriculture, it fails to meet the minimum
requirements of a family farm corporation under this Chapter.
(3) Within
thirty (30) days after becoming an acquired real estate company or family farm
corporation, the company shall present a Certificate of Transfer with the
Department of Records for the affixation of documentary stamps and recording.
Such Certificate shall set forth the value of real estate holdings of the
acquired real estate company in Philadelphia and the tax is measured from such
value.