A. The tax imposed under this chapter is due and payable at the time of the transfer, and is delinquent if it remains unpaid for thirty (30) days thereafter. In the event that the tax is not paid prior to becoming delinquent, a delinquency penalty of ten percent (10%) of the amount of tax due shall accrue.

In the event a portion of the tax is paid prior to becoming delinquent, the penalty shall only accrue as to the portion which is delinquent. Interest shall accrue at the rate of one and one-half percent (1.5%) per month, or fraction thereof, on the amount of tax, exclusive of penalties, from the date the tax becomes delinquent to the date of payment. Interest and penalty accrued shall become part of the tax.

B. Any person liable for a real estate transfer tax upon a transfer who shall cause the deed, instrument of conveyance or document evidencing said transfer to be filed of record in the office of the Summit County clerk and recorder or attempt to so record the document until and unless the real estate transfer tax and all penalties and interest thereon have been paid in full, shall be in violation of this chapter.

C. Notwithstanding the provisions of section 3-3-6 of this chapter, if an artifice or device is employed in connection with the transfer of real property, which term "artifice or device" means a transaction or transactions a substantial purpose of which was to evade the provisions of this chapter and the imposition of the tax hereunder, then such transfer will nevertheless be subject to the real estate transfer tax. "Artifice or device" includes, but is not limited to: (1) a transfer to a corporation, partnership, limited partnership, joint venture, business trust, or other association or organization followed within three (3) years by an assignment of the controlling interest in such association or organization; or (2) such a transfer plus the intent to ultimately assign the controlling interest in such association or organization. (Ord. 30, Series 2021)