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C I O A
CHANGE IN OWNERSHIP AUTHORITATIVE CITATIONS
The following provides the authoritative citations for the Change in Ownership (CIO) Survey
Topic. In general, citations include Constitutional provisions, sections of the Revenue and
Taxation Code, other applicable statutes, court cases, Property Tax Rules, Assessors' Handbook
Sections, Letters To Assessors, and legal annotations pertaining to the topic.
CITATION
Article XIII A, §2(a)
Article XIII A, §2(a)
DESCRIPTION
California Constitution
Provides that real property is assessed at its 1975-76 "full cash value" or,
thereafter, the appraised value of real property when purchased or a change
in ownership has occurred after the 1975 assessment.
Provides that the Legislature may allow any person over the age of 55 years
who resides in property that is eligible for the homeowners' exemption, to
transfer the base year value of the property to any replacement dwelling of
equal or lesser value located within the same county purchased or newly
constructed as their principal residence within two years of the sale of the
original property. The Legislature may authorize a county board to adopt an
ordinance allowing intercounty transfers of base year value, and may also
extend base year value transfer provisions to severely disabled homeowners
over age 55. See section 69.5.
Article XIII A, §2(d) Provides that the term change in ownership does not include the acquisition
of real property as a replacement for comparable property replaced by
eminent domain proceedings. See section 68, Rule 462.500.
Article XIII A, §2(g) Provides that the terms "purchased" or "change in ownership" do not include
the purchase or transfer of real property between spouses. "Spouse" does not
include a registered domestic partner. See section 63.
Article XIII A,
§2(h)(1)
Provides that the terms "purchased" or "change in ownership" do not include
the purchase or transfer of the principal residence and the first one million
dollars of the full cash value of all other real property between parents and
their children. See section 63.1.
Article XIII A,
§2(h)(2)
Provides that the terms "purchased" or "change in ownership" do not include
the purchase or transfer of the principal residence and the first one million
dollars of the full cash value of all other real property between grandparents
and their grandchild or grandchildren if all of the parents of that grandchild
or grandchildren are deceased as of the date of the purchase or transfer. See
section 63.1.
Article XIII A,
§2(i)(1)(A)
Provides that the terms "purchased" or "change in ownership" do not include
the transfer of the base year value of a contaminated property to a
replacement property if the replacement property has a fair market value
equal to or less than the fair market value of the contaminated property.
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Acquisition must be within five years after the ownership of the
contaminated property is sold or otherwise transferred. See section 69.4.
Civil Code
§683.2
Discusses severing a joint tenancy.
Revenue and Taxation Code
§60
A "change in ownership" means a transfer of a present interest in real
property, including the beneficial use thereof, the value of which is
substantially equal to the value of the fee interest.
§61
A change in ownership includes:
a) the creation, renewal, sublease, assignment or other transfer of the right
to produce or extract oil, gas or other minerals;
b) the creation, renewal, extension or assignment of a taxable possessory
interest in tax exempt real property, however, the renewal or extension
of a possessory interest during the reasonably anticipated term of
possession used by the assessor to value that interest, does not cause a
change in ownership until the end of the reasonably anticipated term;
c) regarding leasehold interests:
•
the creation of a leasehold interest in taxable real property for a
term of 35 years or more (including renewal options);
•
the termination of a leasehold interest in taxable real property which
had an original term of 35 years or more (including renewal
options);
•
any transfer of a leasehold interest having a remaining term of 35
years or more (including renewal options);
•
any transfer of a lessor's interest in taxable real property subject to a
lease with a remaining term of less than 35 years;
d) regarding possessory interests:
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•
a sublease of a taxable possessory interest in tax exempt real
property for a term that exceeds half the length of the remaining term
of the leasehold, including renewal options;
•
the termination of a sublease of a taxable possessory interest in tax
exempt real property with an original term that exceeds half the
length of the remaining term of the leasehold, including renewal
options;
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•
any transfer of a sublessee's interest with a remaining term, including
options, that exceeds half the remaining term of the leasehold;
•
the transfer of possessory interest in tax exempt real property subject
to a sublease with a remaining term that does not exceed half the
length of the remaining term of the leasehold;
e) the creation, transfer or termination of any joint tenancy interest, except
as provided in sections 62 (f), 63 and 65;
f) the creation, transfer or termination of any tenancy-in-common interest,
except as provided in sections 62(a) and 63;
g) any vesting of the right to possession or enjoyment of a remainder or
reversionary interest that occurs upon the termination of a life estate or
other similar precedent property interest, except as provided in sections
62(d) and 63;
h) any interests in real property that vest in persons other than the trustor
when a revocable trust becomes irrevocable;
i) the transfer of stock of a cooperative housing corporation or portion
thereof; and,
j) the transfer of any interest in real property between a corporation,
partnership or other legal entity and a shareholder, partner or any other
person.
§62
Change in ownership shall not include:
a) any transfer between coowners that results in a change in the method of
holding title without changing the proportional interests of the coowners, such as a partition of a tenancy in common;
b) any transfer for the purpose of perfecting title;
c) the creation, assignment, termination or reconveyance of a security
interest or the substitution of a trustee under a security instrument or the
substitution of a trustee under a security instrument;
d) any transfer by the trustor, trustor's spouse or registered domestic
partner, or by both, into a trust so long as the transferor is the present
beneficiary of the trust or the trust is revocable or any creation or
termination of a trust in which the trustor retains the reversion and in
which the interest of others does not exceed 12 years in duration;
e) any transfer by an instrument whose terms reserve to the transferor an
estate for years or an estate for life; however the termination of such an
estate for years or estate for life shall constitute a change in ownership
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f) the creation or transfer of a joint tenancy interest if the transferor, after
the creation or transfer, is one of the joint tenants as provided in section
65(b);
g) any transfer of a lessor's interest in taxable real property subject to a
lease with a remaining term of 35 years or more;
h) any purchase, redemption, or other transfer of the shares or units of
participation of a group trust, pooled fund, common trust fund, or other
collective investment fund established by a financial institution;
i) any transfer or stock or membership certificate in a housing cooperative
that was financed under a mortgage insured under certain sections of the
National Housing Act, provided that the regulatory and occupancy
agreements were approved by the lender or insurer, and provided that the
transfer is to the housing cooperative or to a person or family qualifying
for the purchase by reason of limited income;
j) any transfer between co-owners between March 1, 1975 and March 1,
1981 of property that was eligible for the homeowners' exemption.
k) any transfer of property or an interest therein between a corporation sole,
a religious corporation, a public benefit corporation and a holding
corporation for the benefit of any of these corporations, provided that
both the transferee and transferor are regulated by the same religious
denomination;
l) any transfer between or among the same parties for the purpose of
correcting or reforming a deed provided that the original relationship
between the grantor and grantee is not changed;
m) any intrafamily transfer of an eligible dwelling unit [principal residence
of the child or children] from parent(s) or legal guardian(s) to minor
child or children or between or among minor siblings as a result of a
court order or judicial decree due to the death parent(s);
n) any transfer of an eligible dwelling unit from parent(s) to child or
children, or from guardian(s) to ward(s) if the child or children/ward(s)
have been disabled, as provided in the Welfare and Institutions Code
and;
o) any transfer of a possessory interest in tax exempt real property subject
to a sublease with a remaining term that exceeds half the length of the
remaining term of the leasehold; and,
p) commencing on January 1, 2000, any transfer between registered
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domestic partners as defined in §297 of the Family Code. If the assessor
reappraised property contrary to the provisions of this exclusion between
January 1, 2000, and January 1, 2006, the transferee can apply until June
30, 2009, to the assessor for a reversal of that reappraisal. The transferee
must submit a Board-prescribed claim form and may be charged a fee. A
reversal affects the taxable value prospectively from the assessment year
in which the claim is filed; no refunds shall be made for prior years.
§62.11
During the period for which the right of redemption exists, the recordation
of a certificate of sale pursuant to a mortgage foreclosure sale with right of
redemption is not a change in ownership.
§62.3
Change in ownership does not include a transfer of real property from one
cotenant to the other upon the death of one transferor cotenant.
This exclusion applies if all of the following conditions are met:
•
•
•
•
•
Two cotenants must together own 100% of the property as tenants in
common or joint tenants.
The two cotenants must be owners of record for the one-year period
immediately preceding the death of one of the cotenants.
The property must have been the principal residence of both
cotenants for the one-year period immediately preceding the death of
one of the cotenants.
The transfer must occur due to the death of one of the cotenants, and
the surviving cotenant must obtain a 100 percent ownership interest
in the property.
The surviving cotenant must sign a affidavit under penalty of perjury
(BOE-58H-Affidavit of Cotenant Residency), affirming that he or
she continuously resided at the residence for the one-year period
immediately preceding the transferor cotenant's death,
Applies to transfers that occur on or after January 1, 2013.
§62.5
Change in ownership does not include a transfer of a floating home marina
to a nonprofit corporation, stock cooperative corporation, limited equity
stock cooperative, or other entity formed by the tenants of a floating home
marina as long as 51 percent of the individual tenants who were renting
berths in the floating home marina prior to the transfer participate in the
transaction through the ownership of an aggregate of at least 51 percent of
the voting stock of, or other ownership or membership interests in, the entity
that acquires the floating home marina.
§63
Change in ownership does not include any interspousal transfer.
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§63.1
DESCRIPTION
Change in ownership does not include many transfers of real property
between parents and their children. This exclusion was adopted
November 5, 1986 and excludes:
•
Transfers of principle residences.
•
Transfers of the first $1 million full cash value (per section 110.1 =
adjusted base year value) of real property, other than the principle
residence. The $1 million exclusion applies separately to each eligible
transferor with respect to all transfers to eligible transferees.
The parent-child relationship exists for:
•
children born of the parent or parents, except a child who has been
adopted by another person by the age of 18;
•
any child statutorily adopted by the parent(s) by the age of 18;
•
any stepchild or spouse of that stepchild while the relationship of
stepparent and stepchild exists, which means until the relationship is
terminated by divorce or, if terminated by death, until remarriage;
•
any son-in-law or daughter-in-law of the parent(s) while the in-law
relationship exists, which means until the relationship is terminated
by divorce, or, if terminated by death, until remarriage;
•
any foster child of a state licensed foster parent if that child was not,
because of a legal barrier, adopted by the foster parent before the
child aged out of the foster care system (claimant must provide
certified copy of court decision regarding foster child status and
certified statement from county agency as well).
Effective January 1, 2005, a registered domestic partner is treated as an inlaw child of a parent of his or her domestic partner, and as a stepparent to a
child of his or her domestic partner as long as the registered domestic
partnership on which the relationship is based is in existence.
Some transfers of real property from grandparents to their grandchildren are
excluded from change in ownership. This exclusion was adopted
March 26, 1996, and extends the parent-child exclusion, above, to transfers
from grandparents to their grandchildren if all of the parents (includes
bloodline parent and natural parent who is an in-law child of the
grandparents) of that grandchild who qualify as children of the grandparents
are deceased.
• For transfers occurring on or after January 1, 2006, transfers from a
grandparent to a grandchild will qualify for the exclusion even if a
step-parent of the grandchild who is a daughter- or son-in-law of the
grandparent is still alive. A stepparent who had not remarried need not
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be deceased. Even though a stepparent is considered a parent of the
stepchild and an in-law child of the grandparent and remain eligible for
the parent/child exclusion, the existence of the stepparent will not
disqualify the grandchild from the grandparent/grandchild exclusion.
• A claimant may only receive property tax relief for a primary residence
once; if the claimant grandchild had previously received a primary
residence from the deceased parent (exclusion for a parent-child transfer
not required), the claimant cannot receive the principal residence
exclusion for a primary residence transferred from a grandparent. The
property can however be counted against any remaining amount that is
available from the grandchild's deceased parent's $1 million exclusion.
• A transferred "principal residence" means one eligible for the
homeowners' or disabled veterans' exemption based on the transferring
grandparent's ownership and occupancy of it.
• An "eligible transferee" includes only parent, child, or grandchild of an
eligible transferor.
The exclusions shall not be allowed unless the eligible transferee, the
transferee's legal representative, the executor or administrator of the
transferee's estate, or trustee of trustee's trust files a claim with the assessor,
on a BOE-designed form within three years after the date of the purchase or
transfer, or prior to the transfer of the property to a third party, whichever is
earlier. Or, a claim shall be deemed to be timely filed if it is filed within six
months after the date of mailing of a notice of supplemental or escape
assessment issued as a result of the purchase or transfer.
If the real property has not been transferred to a third party, and a claim for
exclusion is filed subsequent to the time frame referenced above, the
assessor shall consider the claim subject to the following conditions: any
exclusion granted shall apply commencing with the lien date of the
assessment year in which the claim is filed; the adjusted full cash value for
the assessment year in which the claim is filed, shall be the adjusted base
year value in the assessment year in which the excluded purchase or transfer
took place, factored to the assessment year in which the claim is filed.
The assessor may report quarterly to the BOE all exclusions allowed, other
than purchases or transfers involving a principal residence.
Transfers under section 63.1 cannot include a transfer involving a legal
entity interest.
Section 63.1 claims are not public documents and shall be available for
inspection only by the transferor(s)/transferee(s) and spouse(s), their legal
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representative(s), executors/administrators of their estates or trustees of their
respective trusts.
Optional processing fee: A transferee shall file a certified claim for
exclusion within 45 days of being notified by the assessor of potential
eligibility for the exclusion. If, after a second such notice has been mailed,
no claim is filed within 60 days, the assessor may with board approval
charge a one-time processing fee of up to $175, which is reimbursable to the
transferee if the claim later proves ineligible.
§64
The purchase or transfer of ownership interests in legal entities is not a
change in ownership. Any corporate reorganization is not a change in
ownership. A change in control of more than 50 percent of the voting stock
of any corporation is a change in ownership. A cumulative transfer of more
than 50 percent of original co-owner interest is a change in ownership of
property previously excluded under section 62(a)(2).
§65
Upon a change in ownership of a joint tenancy interest, only the interest or
portion, which is transferred, shall be reappraised. There is no change in
ownership upon the creation or transfer of a joint tenancy interest if the
transferor(s), after the change, are among the joint tenants; upon the
termination of an interest in any joint tenancy, the entire portion of the
property held by the original transferor(s) prior to the creation of the joint
tenancy shall be reappraised (unless it vests wholly or in part, in any
remaining original transferor); upon the termination of the last original
transferor, there shall be a reappraisal of all the interests held by all original
transferors which were previously excluded from reappraisal. Upon the
termination of an interest held by other than an original transferor, there will
be no reappraisal if the interest is transferred to an original transferor or to
remaining joint tenants, provided that one of the remaining joint tenants is
an original transferor. It is rebuttably presumed that each joint tenant holding
an interest as of March 1, 1975, is an original transferor.
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§65.1
Except for joint tenancy situations as explained in §65, when an interest in a
portion of real property is purchased or changes ownership, only the interest
or portion transferred will be reappraised. Such a purchase or change in
ownership with a market value of less than five percent of the total property
value will not be reappraised if the market value of the interest transferred is
less than $10,000, provided that transfers during any one assessment year
are cumulative. If a unit or lot within a cooperative housing corporation,
community apartment project, condominium, planned unit development,
shopping center, industrial park, or other residential, commercial or
industrial land subdivision complex with common area facilities is
purchased or changes ownership, only the unit or lot transferred and the
share in the common area shall be reappraised, and only the new owner shall
assume the increase in property taxes.
§66
Change in ownership does not include any contribution of real property to an
employee benefit plan, the creation vesting, transfer, distribution or
termination of beneficiary's interest in an employee benefit plan or any
acquisition by an employee benefit plan of the stock of the employer
corporation to which the employee benefit plan obtains direct or indirect
ownership or control or more than 50 percent of the voting stock.
§68
The acquisition of real property as a replacement (when displacement is due
to eminent domain, an acquisition by a public entity, or by governmental
action resulting in inverse condemnation) for comparable property is not a
change in ownership. The adjusted base year value of the property acquired
shall be the lower of the fair market value or the sum of the adjusted base
year value of the property taken and the amount, if any, by which the full
cash value of the property acquired exceeds 120 percent of the payment for
the property taken. Any change in the adjusted base year value of the
replacement property is effective on the first day of the month following the
month in which the property was acquired. Supplemental assessments apply.
Relief must be requested within four years (BOE-prescribed form).
§69
The base year value of property which is substantially damaged or destroyed
by a Governor-proclaimed disaster may be transferred to comparable
property within the same county which is acquired or newly constructed
within five years after the disaster. No filing required. However, BOE has
prescribed a form.
§69.3
The base year value of a principal residence which is substantially damaged
or destroyed by a Governor-proclaimed disaster may be transferred to
comparable residence within another county if it is purchased or newly
constructed within three years after the disaster, if county has enacted an
ordinance. As of April 2011, the following counties have enacted Prop. 171
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ordinances: Contra Costa, Los Angeles, Modoc, Orange, San Francisco,
Santa Clara, Solano, Sutter, and Ventura. Claim form (BOE-prescribed
form) must be filed within three years of purchase or completion of new
construction of replacement residence.
§69.4
The base year value of qualified contaminated property may be transferred
to comparable replacement property within the same county, if replacement
is of equal or lesser value and acquired or newly constructed within five
years after the sale of the qualified contaminated property. A federal or CA
state agency must have designated the property as a toxic or environmental
hazard or an environmental cleanup site. Claim form (BOE-prescribed form)
must be filed within three years of purchase or completion of new
construction.
§69.5
Any person 55 years of age or older, or who is severely and permanently
disabled (any age), who resides in property that is eligible for the
homeowner's exemption, may transfer the base year value of that property to
any replacement dwelling of equal or lesser value.
•
Replacement dwelling must be located in the same county or in any
county that has adopted the applicable ordinance.
•
Replacement dwelling must be purchased or newly constructed by that
person as his or her principal residence within two years of the sale by
that person of the original property.
The base year value is not transferred until the original property is sold.
The market value of the replacement dwelling as of the date of purchase or
completion of new construction, whichever is later, is compared to the
original property's market value as of the date of sale (or just prior to
misfortune or calamity if original property was substantially damaged or
destroyed and sold in its damaged state). The replacement dwelling is of
equal or lesser value if its full cash value does not exceed:
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•
100% of the full cash value of the original property if the
replacement property is purchased or newly constructed prior to the
date of sale of the original property
•
105% if within the first year following the date of sale
•
110% if within the second year following the date of sale
•
The sale price of the original property must be adjusted by the
inflation factor (max 2%) if one or more lien dates occur during this
period.
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Both the original and replacement properties must be principal residences.
Original property must be principal residence (1) at the time of sale, (2)
when it was substantially damaged or destroyed, or (3) within two years of
purchase of replacement property (separate two year time period that must
be met).
The claim form must be filed within 3 years of either the date the
replacement dwelling was purchased or the new construction was
completed. The BOE prescribes the exclusion form.
The claimant must be the owner or co-owner of both the replacement and
original properties.
The assessor shall report quarterly to the BOE all claims filed for this
exclusion.
A person is not eligible for relief if he/she has previously been granted
property tax relief provided by section 69.5. The sole exception is if relief
was first granted for age 55 and over, then relief can be granted a second
time if the claimant or claimant's spouse subsequently becomes severely or
permanently disabled and has to move because of this disability.
Section 69.5 claims are not public documents and shall be available for
inspection only by the claimant or claimant's spouse, claimant's or claimant's
spouse's legal representative, trustee of a trust in which claimant or
claimant's spouse is present beneficiary, or the executor or administrator of
claimant's or claimant's spouse's estate.
Effective January 1, 2011, Senate Bill 1494 (Stats. 2010, ch. 654) amends
section 69.5 to expressly provide that the base year value transfer relief
applies to property that is held in trust. Specifically, sections 69.5(d) and
(g)(11) are amended to read:
(d) The property tax relief provided by this section shall be available to a
claimant who is the coowner of the original property, as a joint tenant, a
tenant in common, or a community property owner, or a present beneficiary
of a trust subject to the following limitations:…
(g) (11) "Person" means any individual, but does not include any firm,
partnership, association, corporation, company, or other legal entity or
organization of any kind. "Person" includes an individual who is the present
beneficiary of a trust.
§75.10
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Whenever a change in ownership occurs, the assessor shall appraise the
property changing ownership at its full cash value on the date the change in
ownership occurs. The value so determined shall be the new base year value.
CITATION
§75.11
DESCRIPTION
a) If the change in ownership occurs on or after January 1 but on or before
May 31, then there shall be two supplemental assessments placed on the
supplemental roll.
b) If the change in ownership occurs on or after June 1 but before the
succeeding January 1, then the supplemental assessment placed on the
supplemental roll shall be the difference between the new base year
value and the taxable value on the current roll.
c) If there are multiple changes in ownership, with respect to the same real
property during the same assessment year, then there shall be a net
supplemental assessment placed on the supplemental roll, in addition to
the assessment pursuant to subdivision (a) or (b).
d) No supplemental assessment authorized by this section shall be valid, or
have any force or effect, unless it is placed on the supplemental roll on
or before the applicable date specified in as follows:
•
The fourth July 1 following the July 1 of the assessment year in
which the event giving rise to the supplemental assessment
occurred.
•
The eighth July 1 following the July 1 of the assessment year in
which the event giving rise to the supplemental assessment
occurred, if the penalty provided for in Section 504 is added to the
assessment.
•
The eighth July 1 following the July 1 of the assessment year in
which the event giving rise to the supplemental assessment
occurred, if the change in ownership was unrecorded and a change
in ownership statement required by Section 480 or preliminary
change in ownership report, as required by Section 480.3, was not
timely filed.
Notwithstanding the above, there shall be no limitation period on making a
supplemental assessment, if the penalty provided for in Section 503 is added
to the assessment.
§75.18
If the actual date of change in ownership or completion of new construction
occurs between January 1 and June 30, then the new base year value shall be
adjusted on the following January 1 by the inflation factor.
§75.80
Supplemental assessment provisions apply to changes in ownership
occurring on or after July 1, 1983.
§110
Provides that the "full cash value" or "fair market value" of real property,
other than possessory interests, is the purchase price paid in the transaction
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unless it is established by a preponderance of the evidence that the real
property would not have transferred for that purchase price in an open
market transaction. Also provides that any improvements financed by the
proceeds of an assessment resulting in a lien imposed on the property
(bonds) are reflected in the total consideration involved in the transaction.
§110.1
"Full cash value" means the fair market value as determined pursuant to
section 110 for either (1) the 1975 lien date or (2) the date on which a
purchase or change in ownership occurs. The value so determined shall be
known as the base year value for the property. For each lien date after the
lien date in which the full cash value is determined, the full cash value shall
be adjusted by an inflation factor as provided in section 51(a).
§408.1
Regarding the transfer list:
a) The assessor shall maintain a list of transfers that have occurred within
the preceding two-year period.
b) The list is to be divided into geographical areas and revised the 30th day
of each calendar quarter
c) The list shall contain the following:
•
transferor and transferee (if available)
•
APN
•
address of the sale property
•
date of the transfer
•
date of recording and recording reference number
•
consideration paid, if known
•
any additional information the assessor may wish to include.
d) The list shall be open to inspection by any person. The assessor may
require the payment of a nonrefundable fee equal to an amount which
would reimburse local agencies for their actual administrative costs
incurred in such inspections or ten dollars ($10), whichever is the lesser
amount.
e) The provisions of this section shall not apply to any county with a
population of under 50,000 people, as determined by the 1970 federal
decennial census.
f) Pursuant to section 481, the assessor shall not include information on the
list which was furnished in the change in ownership statement by the
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transferee and is not otherwise public information.
§408.2
Public records open to public inspection does not include information as
provided in sections 63.1, 69.5, 451, and 481.
§465
Documents may be destroyed when six years have elapsed since the lien
date for the tax year for which that document was obtained or immediately
upon preservation in a medium that allows access to the document.
§480
A transferee shall file a signed change in ownership statement (COS) in the
county where the real property or manufactured home is located.
•
A personal representative shall file a COS for the decedent within 150
days after the date of death.
•
The COS shall include a description of the property, the parties to the
transaction, the date of the acquisition, the amount of the consideration
paid for the property, and the terms of the transaction.
•
It shall also include the "Important Notice" as stated in §480(c).
•
If the document evidencing a change in ownership is not recorded or is
recorded without a COS, then the COS shall be filed with the assessor no
later than 90 days from the date of the transfer, or in the case of a death
within 150 days after the date of death.
§480.1
Whenever a change in control of any corporation, partnership, limited
liability company, or other legal entity occurs under section 64(c), a signed
change in ownership statement shall be filed by the acquiring entity with the
State Board of Equalization. (Note: this is not the same Change in
Ownership Statement form that is filed with the Assessor. It is a different
form – form BOE-100-B).
§480.2
Whenever a change in ownership of any corporation, partnership, limited
liability company, or other legal entity occurs due to the cumulative transfer
of more than 50 percent of original co-owner interests under Section 64(d), a
signed change in ownership statement shall be filed with the State Board of
Equalization. (Note: this is not the same Change in Ownership Statement
form that is filed with the Assessor. It is a different form – form BOE-100-B).
§480.3
Preliminary Change of Ownership Report (PCOR) forms are to be made
available by the assessor, without charge and upon request. This form shall
not be signed by an agent acting for a transferee, but shall be signed by the
transferee or an officer of the transferee. If a document evidencing a change
in ownership is presented for recordation without a PCOR, the recorder may
charge $20.
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§480.6
A holder of a possessory interest in real property that is owned by a state or
local government entity is not required to file a PCOR with respect to the
renewal of the interest. Instead, every state or local government entity shall
file a PCOR or COS, or a real property usage report no later that the 15th day
of the first month following the month in which the lien date occurs, or
annually. The report must include certain specified data.
§480.7
Life insurance companies shall file a statement of transfer for transfers of
real property to and from separate counts.
§480.8
The assessor may require owners of residential subdivision complexes in
which units or lots are transferred without the use of recorded deeds to
annually file an ownership report providing details of ownership status and
history. If the assessor's request is not complied with, the assessor may then
send a change in ownership statement with penalty provisions to every
owner, tenant, or occupant of each individual unit or lot.
§481
All information filed pursuant to these sections shall be held secret.
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§482
DESCRIPTION
Sets forth penalty provisions for failure to file a change in ownership
statement with the assessor or the Board of Equalization timely. The change
in ownership statements are different – COS filed with Assessor is Form
502-AH and COS filed with BOE is form BOE-100-B. Subdivisions (c)
through (f) outline procedures for imposition of penalty.
a) If a person or legal entity required to file a statement described in
§480 fails to do so within 90 days from the date of written request by
the assessor, a penalty shall be added to the assessment. A penalty of
either: (1) $100, or (2) 10 percent of the taxes applicable to the new
base year value reflecting the change in ownership, whichever is
greater, but not to exceed $5,000 if the property is eligible for the
homeowners' exemption or $20,000 if the property is not eligible for
the homeowners' exemption, if the failure to file was not willful.
•
The penalty shall apply for failure to file a complete statement
notwithstanding the fact that the assessor determines no change in
ownership has occurred.
•
The penalty may also be applied if after a request the transferee files
an incomplete statement and does not supply the missing information
upon a second request.
(b) If a person or legal entity required to file a statement described in
Section 480.1 or 480.2 fails to do so within 90 days from the earlier of
(1) the date of the change in control or the change in ownership of the
corporation, partnership, limited liability company, or other legal entity,
or (2) the date of a written request by the State Board of Equalization. A
penalty of 10 percent of the taxes applicable to the new base year value
reflecting the change in control or change in ownership of the real
property owned by the corporation, partnership, or legal entity, or 10
percent of the current year's taxes on that property if no change in
control or change in ownership occurred, shall be added by the county
assessor to the assessment made on the roll.
•
The penalty shall apply for failure to file a complete statement with
the board notwithstanding the fact that the board determines that no
change in control or change in ownership has occurred.
•
The penalty may also be applied if after a request the person or legal
entity files an incomplete statement and does not supply the missing
information upon a second request.
(Note: The 90 day filing requirement was effective January 1, 2012;
prior to this date filing was required within 45 days. With respect to
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LEOP changes – 482(b), prior to January 1, 2010 an entity was only
subject to penalty if the BOE made written request to file.)
Subdivision (f) – Notice of any penalty added to either the secured or
unsecured roll pursuant shall be mailed by the assessor to the
transferee at his or her address contained in any recorded instrument
or document evidencing a transfer of an interest in real property or
manufactured home or at any address reasonably known to the
assessor. (Effective January 1, 2012, the statute was amended to
clarify notice requirements; one of which was to identify the
parcel(s) and details on mailing addresses to be used.)
§482.1
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If there is a failure to file a statement within the time required, the successor
in interest to the decedent's property is subject to the penalty.
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§483
DESCRIPTION
Regarding penalty abatement:
a) If the assessee establishes to the satisfaction of the county board of
supervisors that the failure to file the change in ownership statement
within the time required by Section 482(a) was due to reasonable cause
and not due to willful neglect, and has filed the statement with the
assessor, the board of supervisors may order the penalty abated, provided
the assessee has filed with the board of supervisors written application
for abatement of the penalty no later than 60 days after the date on which
the assessee was notified of the penalty. If the penalty is abated it shall
be canceled or refunded in the same manner as an amount of tax
erroneously charged or collected.
b) The provisions of subdivision (a) shall not apply in any county in which
the board of supervisors adopts a resolution to that effect. In that county
the penalty provided for in subdivision (a) of Section 482 shall be abated
if the assessee files the change of ownership statement with the assessor
no later than 60 days after the date on which the assessee was notified of
the penalty. If the penalty is abated it shall be canceled or refunded in
the same manner as an amount of tax erroneously charged or collected.
c) If a person or legal entity establishes to the satisfaction of the county
board of equalization or the assessment appeals board that the failure to
file the change in ownership statement within the time required by
482(b) was due to reasonable cause and not due to willful neglect, and
has filed the statement with the State Board of Equalization, the county
board of equalization of assessment appeals board may order the penalty
abated, provided the person or legal entity has filed a written application
(with the BOS or AAB) no later than 60 days after the date on which the
person or legal entity was notified of the penalty by the assessor.
• Effective January 1, 2012, subdivision (c)(2) of R&TC 483
allows for abatement of penalty by the assessor under certain
circumstances. This subdivision provides that the assessor shall
abate the penalty if the assessor determines that a written request
to file a change in ownership by the Board of Equalization was
based on erroneous information, including but not limited to the
Franchise Tax Board. As a condition, the person or legal entity
must notify the BOE and Assessor of the error no later than 60
days after the date on which the person or legal entity was
notified of the penalty.
§503
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If any taxpayer or the taxpayer's agent through a fraudulent act or omission
causes, or if any fraudulent collusion between the taxpayer or the taxpayer's
agent and the assessor or any of the assessor's deputies causes, any taxable
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tangible property to escape assessment in whole or in part, or to be
underassessed, the assessor shall assess the property in the lawful amount
and add a penalty of 75 percent of the additional assessed value so assessed.
§531
If any property belonging on the local roll has escaped assessment, the
assessor shall assess the property on discovery at its value on the lien date
for the year for which it escaped assessment.
§531.2
When real property that has escaped assessment, but prior to enrollment has
been transferred to a bona fide purchaser, the escape assessment shall be
entered on the unsecured roll in the name of the person who would have
been the assessee in the year in which it escaped assessment.
§531.8
No escape assessment shall be enrolled before 10 days after the assessor has
mailed a "Notice of Proposed Escape Assessment."
§532
Any escape assessment must be made within four years after July 1 of the
assessment year in which the property escaped assessment or was
underassessed. Exceptions to the four year period:
•
Eight years if section 504 penalty must be added.
•
Eight years for an unrecorded change in ownership for which a COS as
required by section 480 or PCOR was not timely filed.
•
Unlimited period for CIO or CIC if section 503 penalty must be added or
a COS as required by sections 480.1 or 480.2 was not filed.
§2516
Upon the failure of a transferee to file a statement as required by §480, the
assessor or auditor shall enter on the roll the fact that a penalty has been
added along with the amount and date of the penalty.
§11911.1
Any ordinance which imposes the documentary transfer tax may require that
each deed, instrument or writing by which lands, tenements, or other realty
is sold, granted, assigned, transferred, or otherwise conveyed, shall have
noted upon it the tax roll parcel number.
California Code of Regulations (Property Tax Rules)
Rule 2
Provides in subdivision (b) that when valuing property due to a change in
ownership, there is a rebuttable presumption that the consideration paid is
the full cash value of the property.
Rule 255
Enrollment of Supplemental Assessment.
Rule 460
Any assessment year in which real property is purchased or changes
ownership shall become the base year used for determining the full value for
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such real property or a portion thereof. The full cash value is determined
pursuant to sections 110 and 110.1.
Rules 462.001 462.240
These rules clarify exclusions from change in ownership. Most recently,
Rules 462.020, 462.060, 462.160, 462.180, 462.220 and 462.240 were
amended to make them consistent with the enactment of Revenue and
Taxation Code section 62(p). Rule 462.020 was also amended to reflect the
cotenancy change in ownership exclusion in section 62.3.
Rule 462.040 was amended to make it consistent with:
•
•
•
•
Current law which provides that the transfer of a joint tenancy
interest to a trust severs the joint tenancy
Family code section 297.5 and Revenue and Taxation code 62(p)
regarding registered domestic partners
Section 62.3 pertaining to transfers between cotenants
Section 65(b) which provides that all transferor(s) must be among the
joint tenants for a transfer to be excluded from change in ownership,
and that the elimination of a joint tenant does not create "original
transferor" status in any of the remaining joint tenants.
Rule 462.240 was amended to make it consistent with the floating home
marina exclusion in section 62.5.
Rule 462.260
Rule 462.500
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For purposes of reappraising real property as of the date of change in
ownership the date shall be:
•
in the case of sales, the date of recordation where the transfer is
evidenced by recordation of a deed or other document;
•
in the case of sales, the date of transfer document where the transfer is
accomplished by an unrecorded document;
•
in the case of leases, the date the lessee has the right to possession;
•
in the case of inheritance, the date of death of decedent;
•
in the case of revocable trusts, the date the trust becomes irrevocable;
and,
•
in the case of irrevocable trusts, the date the property is placed in trust or
the effective date of the immediate right to present possession or
enjoyment of a remainder or reversion occurs upon the termination of a
life estate or other precedent property interest.
Change in ownership does not include property replaced for property taken
by eminent domain, acquisition by a public entity, or inverse condemnation.
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Replacement property must meet certain criteria.
Rule 472
This rule clarifies the procedures for valuing timeshare estates and timeshare
uses.
Assessors' Handbook
AH 401
Assessors' Handbook Section 401, Change in Ownership, September 2010
Special Topic Survey
Special Topic
Survey
Change in Ownership and New Construction.
Summarizes assessors' practices and BOE guidance in these two major local
taxation programs. In the area of change in ownership, the survey identifies
common problems and suggests possible solutions:
Preliminary Change of Ownership Report
Proof of section 64(b) Change in Ownership Exclusion
Tracking Transfers of Co-owners' Interests in a Legal Entity
Reports to Monitor Exclusions
LTA's
78/147 & 78/190
Various questions and answers, including answers to establishing 1975 base
year values and reappraisal upon the date of death of owner.
78/176
A transfer from the Department of Veterans Affairs to a veteran upon
payment completion of his Cal-Vet loan is not a change in ownership, but a
transfer of bare legal title for purpose of perfecting title.
79/155
Guidelines to differentiate between a lease and a conditional sales contract.
79/191 & 80/39
Addition of §64(c), acquisition of corporate stock.
80/19 & 80/102
Q & A letter regarding the addition of §480-485 regarding change in
ownership reporting and penalties for noncompliance.
80/25
Change in §60 redefines change in ownership to include transfer of a present
interest in real property including possessory interest. Defines exclusions.
80/84
Explanation and examples of §62(a)(1), exclusion from change in ownership
of partitions of interest.
80/147 & 94/10
Explanations of transactions involving lease terms or purchase conditions
creating a change in ownership.
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81/56 & 83/39
Change in ownership quick reference chart.
81/114
Provides that a change in ownership does not occur until the end of the
redemption period for properties purchased at a judicial sale.
82/41 & 83/45
BOE's role in discovering changes in ownership of corporations,
partnerships and other legal entities.
85/85 & 86/04
Necessity of tracking undivided ownership interests.
85/128 & 92/11
A sale and leaseback transaction constitutes a change in ownership.
86/40
Provides that §213.6 exempts real and personal property of the Civil Air
Patrol.
86/50
Changes in ownership of air rights.
86/92
Summary of propositions 58 and 60; exclusion of family transfers from
change in ownership appraisal and transfer of base year values for senior
citizens.
86/93
Clarification of eligibility for tax relief of property acquired to replace
property taken by government agency.
88/49
Escape assessments for properties inherited but no change in ownership
statement is filed.
88/55
Change in ownership due to bankruptcy.
89/21
Revisions of §64, §75.60, and §606.
89/33 & 91/43
Clarification that property owned by the United States Postal Service is
exempt from taxation, however, privately owned property leased to the
Postal Service is not exempt and is assessable to the lessor.
91/08
Clarifies the applicability of the parent-child exclusion to trust distribution
share and share alike situation.
91/12
Transferable development rights are taxable property interests, and the
conveyance of these rights constitutes a change in ownership.
91/33
Transfer of base year value for disabled persons.
92/69 & 95/33
Clarification of the BOE's position regarding step transactions.
94/59
Change in ownership issues regarding transfers of real property between
parents and children (Prop 58).
95/05
Addresses changes to various R&T sections, including §69.5, transfer of
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base year value for persons over 55, §480, CIO statements, §2188.11,
separate assessments and §5802, manufactured homes.
95/67
Appellate court decision concerning change in ownership consequences of
transfers of real property from general partnership to the partners.
96/52
Various chaptered bills, includes changes to §51, declines in value; §64,
ownership interests in a partnership; §75.11 & §532, statute of limitations
for supplemental and escape assessments; §155.20, low-value property
exemption; adds §163, improvement bonds; §623, leased personal property;
§408.3, requires property characteristics be public information in all
counties; and, §3692, sale of contiguous tax-defaulted property.
97/32
Outlines the requirements for the grandparent-grandchild exclusion.
98/35
Prospective relief for parent-child and grandparent-grandchild transfers.
99/12
Treatment of improvement bonds.
99/83
Supplemental assessments on electric generation facilities acquired by
investor-owned companies.
2000/068
Legislative changes to §69.5; transfers of base year value for persons age 55
and over and disabled persons.
2002/014
Statute of limitations for supplemental and escape assessments.
2002/019
Clarification of the BOE's position regarding the two-year requirement on
purchase of land for replacement dwelling.
2003/018
Change to §63.1(d) to reinstate the requirement that the transferor's signature
be provided on the claim form for the parent-child and grandparentgrandchild exclusions.
2003/077
Explains the controversial changes to Rules 462.040 and 462.240 that allow
a change in ownership exclusion for registered domestic partners.
2004/023
Questions and answers regarding the change in ownership exclusion for
registered domestic partners as contained in Rule 462.240.
2004/042
Discusses the changes to the joint tenancy rule and provides questions and
answers and examples to illustrate the changes.
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2004/053
Legislative revisions to section 63.1 now make quarterly reporting to the
BOE by county assessors regarding Prop 58 transfers an option, not a
mandate. This reporting tracked transfers of property other than principal
residences in order to implement the $1 million lifetime exclusion for
eligible transferors. The BOE strongly encourages assessors to continue to
report.
2005/007 &
2007/021
Provides a discussion of the changes to Rule 462.500 and a general
overview of the eminent domain base year value transfer provisions.
2005/017
Discusses the interplay of the California Domestic Partner Rights and
Responsibilities Act of 2003 and California property tax law, in particular,
exclusions from changes in ownership.
2005/062
Excludes from change in ownership transfers between persons registered as
domestic partners with the California Secretary of State (subdivision (p) was
added to section 62 effective January 1, 2006).
2006/010
FAQs regarding §69.5 and Propositions 60, 90, and 110.
2006/025
Section 63.1 provides that a change in ownership does not include a
purchase or transfer of real property from grandparents to their grandchild if
all of the parents of that grandchild are deceased as of the date of purchase
or transfer. The existence of a stepparent who is an in-law of the grandchild
is not a disqualifying factor in the exclusion for a transfer of real property
from the grandparent to grandchild.
2006/056
Section 69.5 allows base year value transfers for person over age 55 or
disabled to be granted on a prospective basis if a claim is filed after the
three-year filing period. Thus, taxpayers whose claims were previously
denied solely because they were untimely may now refile and receive
prospective relief. A taxpayer who has never filed a claim may now file and
receive prospective relief if all the other requirements of section 69.5 are
met.
2007/043
Additional relief from reappraisal is afforded for registered domestic
partners through amendments to section 62 enacted by Stats. 2007, Ch. 55
(SB 559).
2007/047
BOE guidance on transfer of base year value from a qualified contaminated
property to a replacement property.
2007/048
An explanation of the provisions of Stats. 2007,Ch. 450 (AB 402) affecting
parent-child exclusion for transfers between foster parents and foster
children.
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2007/049
Clarifies the ownership reporting requirement for residential subdivision
complexes in which units or lots are transferred without a recorded grant
deed.
2007/058
Explains new section 62.11 regarding certificates of sale in mortgage
foreclosure actions (not a change in ownership when recorded during
redemption period).
2008/007
The California Supreme Court will review the Steinhart v. County of Los
Angeles (B190957) decision that a transfer of real property to a life estate
did not constitute a change in ownership. Until the Court's decision, Rule
462.060, providing that the creation of a life estate, unless for the transferor
or his or her spouse, is a change in ownership, remains valid.
2008/010
Prop 60 claim forms are confidential. The affected taxpayer can write to
CAPD for information about the status of their base year value transfer.
2008/017
Property held by the California Housing Finance Agency as a result of deed
foreclosure is exempt from property taxation because CHFA is a public
instrumentality and political subdivision of the State of California.
2008/018
Questions and answers regarding the Prop 58 parent-child and Prop 193
grandparent-grandchild exclusions from change in ownership.
2009/004
Processing fee for parent-child and grandparent-grandchild exclusion.
2009/008
The counties of Contra Costa, Los Angeles, Modoc, Orange, San Francisco,
Santa Clara, Solano, Sutter, and Ventura have Proposition 171 ordinances
allowing intercounty base year value transfers for principal residences
substantially damaged or destroyed in a Governor-proclaimed disaster.
2009/041
When multiple transactions taken to trigger a change in ownership (and
reduce the base year value) and property transfers back to original owner,
the assessor may apply the step transaction doctrine and determine that no
change in ownership occurred.
2010/010
Relating to the base year value transfers for property damaged in a
Governor-proclaimed disaster, revises the 50% test of "substantially
damaged or destroyed." Superseded by 2012/012
2010/028
Change in control or ownership of legal entities: changes to filing
requirements and penalty provisions. Effective January 1, 2010, Senate Bill
816 amended, in part, Revenue and Taxation Code sections 480.1, 480.2,
482, and 483 relating to change in control and change in ownership filing
requirements for legal entities that own California real property.
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2010/034
The California Supreme Court, in Steinhart v. County of Los Angeles, held
that the transfer of a life estate and remainder interests upon the death of the
trustor of a revocable trust was a change in ownership because the total of
the present and future interests transferred upon the death of the trustor was
the entire equitable estate in the property. The court did not find it necessary
to discuss the life estate issue and did not rule on the validity of Rule
462.060. Thus, this rule remains valid.
2010/038
Preliminary change of ownership report and change in ownership statement.
This letter provides the amended PCOR and COS adopted by the BOE and
should be implemented by the January 1, 2011 lien date. Also includes
questions and answers in regards to PCORs and COSs that were raised
during the development of the amended forms.
2010/045
Guidance issued following SB 816 to discuss penalties pertaining to form
BOE-100-B filings reporting changes in control and ownership under R&TC
64(c) and 64(d). Letter distributes penalty charts based on the event date and
if and when the Board of Equalization made written request to file form
BOE-100-B.
2010/057
Documents obtained from taxpayers may be destroyed immediately upon
preservation in a medium that provides access to the documents.
2011/002
Generally, Revenue and Taxation Code section 69.5 provides that any
person over the age of 55 years, or any severely and permanently disabled
person, who resides in property that is eligible for the homeowners'
exemption may transfer the base year value of that property to a replacement
dwelling of equal or lesser value that is purchased or newly constructed
within two years of the sale of the original property. Property owned by a
trust is not expressly addressed in section 69.5 and, as a result, questions
have been asked whether a base year value can be transferred if either the
original property or the replacement dwelling is held in trust. Effective
January 1, 2011, Senate Bill 1494 (Stats. 2010, ch. 654) amends section 69.5
to expressly provide that the base year value transfer relief applies to
property that is held in trust.
2011/014
Real property owned by US Housing and Urban Development is taxable
under federal statutes, and the acquisition of property by HUD is a change in
ownership.
2011/016
Legal entities change in ownership – overview. This letter provides a brief
overview of the applicable change in ownership laws that affect real
property owned by legal entities.
2011/048
Revenue and Taxation Code sections 480, 482, and 483 prescribe the
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reporting requirements and related penalties for real property transfers that
must be reported to the local county assessor. Existing law requires that a
Change in Ownership Statement must be filed at the time of recording or
within 45 days of the date of the change in ownership. The failure to file a
statement within 45 days from the date of a written request by a county
assessor results in penalty of either $100 or 10 percent of the taxes
applicable to the new base year value, but not to exceed $2,500.
Effective January 1, 2012, Senate Bill 507 increases the time for filing to 90
days, and increases the maximum penalty for failure to file the statement
from $2,500 to $5,000 for property eligible for the homeowners' property tax
exemption; and to $20,000 for property not eligible for the homeowners'
exemption.
2011/050
Revenue and Taxation Code section 408 requires county assessors to keep
certain information confidential. Specifically, section 408(a) provides that
homeowners' and disabled veterans' exemption claims, and information and
records in an assessor's office that are not required by law to be kept or
prepared by the county assessor are not open to public inspection. In
addition, sections 451 and 481 provide that all information requested by a
county assessor or furnished in the Property Statement, the Preliminary
Change of Ownership Report, or the Change in Ownership Statement is
considered confidential and not open to public inspection. Section 408(b)
provides an exception to this rule of confidentiality and allows a county
assessor to disclose information or permit access to records to certain
governmental agencies or representatives. Effective January 1, 2012,
Assembly Bill 563 adds section 408.4 to include designated employees of a
city's finance office to this list of governmental entities for the purpose of
conducting an investigation to determine whether a documentary transfer tax
should be imposed for an unrecorded change in control or ownership of
property.
2011/052
Effective January 1, 2012, Senate Bill 947 (Stats. 2011, ch. 351) amends
Revenue and Taxation Code section 63.1 to apply the parent-child or
grandparent-grandchild exclusion to a transfer of a unit or lot within a
cooperative housing corporation. Section 2(h) of article XIII A of the
California Constitution and Revenue and Taxation Code section 63.1
provide that the terms "purchase" and "change in ownership" do not include
the purchase or transfer between parents and their children of either a
principal residence or the first $1 million of the adjusted base year value of
all other real property. This exclusion also applies, under limited
circumstances, to transfers of real property from grandparents to
grandchildren.
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2012/010
Letter outlines changes due to SB 507. Affects COSs filed with assessors as
well as BOE.
2012/011
Form BOE-62-DP created for registered domestic partners to reverse
reassessment for transfers occurring between January 1, 2000 and January 1,
2006 became obsolete on July 1, 2009 and should no longer be used by
assessors.
2012/012
Effective January 1, 2012, Senate Bill 947 (Stats. 2011, Ch. 351), in part,
amends sections 69, 69.3, and 69.5 of the Revenue and Taxation Code to
clarify the definition of "substantially damaged or destroyed." Sections 69
and 69.3 allow base year value transfers for properties substantially
damaged or destroyed by disasters for which the Governor proclaims a state
of emergency. Section 69.5 allows base year value transfers for homeowners
age 55 and older or disabled under specific circumstances, including
situations where the original property was substantially damaged or
destroyed by any misfortune or calamity and sold in its damaged state.
These three sections will be separately discussed as each has different
qualifications for property tax relief.
2013/008
Effective September 29, 2012, Assembly Bill 2046 added section 62.5 to
create a change in ownership exclusion for a transfer of a floating home
marina to an entity formed by the tenants of the marina.
2013/021
Effective September 29, 2012, Assembly Bill 1700 added section 62.3 to
provide that a change in ownership does not include a transfer of real
property from one cotenant to the other upon the death of one transferor
cotenant as long as all conditions are met. Applies to transfers that occur on
or after January 1, 2013.
2013/030
Reiterates the statutory filing requirement and the filing of amended claim
forms within that time frame for Prop 58 parent-child and Prop 193
grandparent-grandchild exclusions.
2013/043
Effective September 19, 2013, Riverside County became one of nine
counties that have Proposition 90/110 ordinances permitting intercounty
base year value transfers for persons of age 55 or over, or severely and
permanently disabled. The other eight counties include Alameda, El Dorado,
Los Angeles, Orange, San Diego, San Mateo, Santa Clara, and Ventura.
2013/044
Advises of the amendments made to Property Tax Rule 462.040, Change in
Ownership – Joint Tenancies.
2014/061
Effective November 20, 2014, San Bernardino County became one of ten
counties that have Proposition 90/110 ordinances permitting intercounty
base year value transfer for persons of age 55 or over, or severely and
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permanently disabled. The other nine counties include Alameda, El Dorado,
Los Angeles, Orange, Riverside, San Diego, San Mateo, Santa Clara, and
Ventura.
Annotations
200.0005 –
200.0600
Letters written by BOE staff interpreting the statutes and rules related to
various aspects of base year value transfers (go to the BOE's website to view
the annotations).
220.0000 et seq.
Letters on change in ownership.
280.0001
Letter on lease or conditional sales contract, determining whether a contract
is a lease or a conditional sales contract.
340.0005
When the California Housing Finance Agency obtains a property through
foreclosure, the county auditor must transfer to the unsecured roll any
delinquent taxes for tax years prior to the foreclosure that have become a lien on
the property.
390.0000 et seq.
Letters on escape assessments.
493.0000 et seq.
Letters on grandparent-grandchild exclusion.
565.0000 et seq.
Letters on legal entities.
625.0000 et seq.
Letters on parent-child exclusion.
790.0000 et seq.
Letters on supplemental assessments.
Legal Opinion
Richard N. Benson v. Marin County Assessment Appeals Board, 2013
Cal.App.4th 1445. The California Court of Appeal reversed a trial court's
judgment in a case involving whether the change in the method of holding
title exclusion in Revenue and Taxation Code section 62(a)(1) applied to a
termination of a family joint tenancy.
Originally the assessment appeals board agreed with the property owner that
a change in the way title was held was not a change in ownership. The trial
court agreed with the assessment appeals board. The county appealed.
The decision by the Court of Appeal became final.
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