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.