reglab/statecodes huggingface dataset:
California Code of Regulations › Title 18 - Public Revenues › Division 1 - State Board of Equalization-Property Tax (California Department of Tax and Fee Administration - Timber Yield Tax, See Chapter 11) › Chapter 3 - Local Equalization › Article 1 - Hearing by County Board › Section 312 - Hearings Recorded

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) All
				  hearings of the board shall be recorded or reported, or videotaped subject to
				  the conditions set forth in Code of Civil Procedure section
				  2025.340.
(b) Any person may purchase a transcript of
				  that portion of a hearings that is open to the public upon payment of a
				  reasonable fee, provided the request to purchase has been made within 60 days
				  after the final determination of the board.
(c) In a county which does not regularly
				  provide a stenographic reporter, the applicant, at the applicant's own expense,
				  may have the hearing reported by a stenographer.
(d) In a county which does provide a
				  stenographic reporter, if the applicant desires the clerk to arrange for a
				  stenographer, the applicant must make the request in writing at least 10 days
				  before the hearing.
(e) If a
				  stenographic reporter is present, the county may designate the reporter's
				  transcript as the official record upon being filed with the board.
1. Amendment
					 filed 4-14-72; effective thirtieth day thereafter (Register 72, No.
					 16).
2. Amendment filed 6-14-74 as an emergency; effective upon
					 filing (Register 74, No. 24).
3. Certificate of Compliance filed
					 8-9-74 (Register 74, No. 32).
4. Editorial correction adding NOTE
					 filed 4-1-83 (Register 83, No. 14).
5. Amendment of section and NOTE
					 filed 3-23-2000; operative 4-22-2000 (Register 2000, No. 12).
6.
					 Change without regulatory effect amending subsection (a) filed 3-16-2010
					 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2010, No. 12).
Note: Authority cited: Section
						15606,
						Government Code. Reference: Section
						1611,
						Revenue and Taxation Code.
California Code of Regulations › Title 18 - Public Revenues › Division 1 - State Board of Equalization-Property Tax (California Department of Tax and Fee Administration - Timber Yield Tax, See Chapter 11) › Chapter 3 - Local Equalization › Article 1 - Hearing by County Board › Section 314 - Legal Counsel for Applicant and Assessor

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The applicant and the assessor may be represented by legal
					 counsel, except that when an assessment protest is heard by a hearing officer
					 appointed pursuant to section
					 1636
					 of the Revenue and Taxation Code, the assessor may have legal counsel only if
					 the applicant is represented by an attorney.
1. Amendment
					 filed 6-14-74 as an emergency; effective upon filing (Register 74, No.
					 23).
2. Certificate of Compliance filed 8-9-74 (Register 74, No.
					 32).
3. Editorial correction adding NOTE filed 4-1-83 (Register 83,
					 No. 14).
Note: Authority cited and Reference: Section
						15606,
						Government Code.
California Code of Regulations › Title 18 - Public Revenues › Division 1 - State Board of Equalization-Property Tax (California Department of Tax and Fee Administration - Timber Yield Tax, See Chapter 11) › Chapter 3 - Local Equalization › Article 1 - Hearing by County Board › Section 316 - Examination of Applicant by Board

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Except as hereinafter provided, no
				  reduction of an assessment or change in ownership or new construction
				  determination shall be made unless the board examines, on oath, the applicant
				  or the applicant's agent concerning the value of the property and/or the facts
				  upon which the change in ownership or new construction determination is based,
				  and the applicant or the applicant's agent attends and answers all questions
				  pertinent to the inquiry.
(b) In
				  the event there is filed with the board a written stipulation, signed by the
				  assessor and county legal advisor on behalf of the county and by the person
				  affected or the authorized agent making the application, as to the full value
				  and assessed value of the property and/or a determination regarding a change in
				  ownership or new construction, which stipulation sets forth the facts upon
				  which the agreed upon value is premised, the board may, at a public hearing,
(1) accept the stipulation, waive the
				  appearance of the person affected or the agent and change the assessed value in
				  accordance with section
				  1610.8
				  of the Revenue and Taxation Code, or,
(2) reject the stipulation or set or reset
				  the application for reduction for hearing.
California Code of Regulations › Title 18 - Public Revenues › Division 1 - State Board of Equalization-Property Tax (California Department of Tax and Fee Administration - Timber Yield Tax, See Chapter 11) › Chapter 3 - Local Equalization › Article 1 - Hearing by County Board › Section 317 - Personal Appearance by Applicant; Appearance by Agent

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The applicant must appear personally at
				  the hearing or be represented by an agent, unless the applicant's appearance
				  has been waived by the board in accordance with regulation 316 of this
				  subchapter. If the applicant is represented by an agent, the agent shall be
				  thoroughly familiar with the facts pertaining to the matter before the
				  board.
(b)
(1) If the application was filed by the
				  applicant, any person (other than a California licensed attorney retained by
				  the applicant or a person mentioned in subsections (c), (d) except an agent, or
				  (e)) who appears at the hearing purporting to act as agent for the applicant
				  shall first file with the clerk a written authorization, signed by the
				  applicant, to represent the applicant at the hearing.
(2) If at the hearing the applicant is
				  represented by a person other than the person who was originally authorized by
				  the applicant to appear at the hearing, that person shall present to the board
				  a written authorization signed by the applicant indicating the applicant's
				  consent to the change in representation.
(3) The written authorization required
				  pursuant to this regulation shall include the information required by
				  regulation 305(a) of this subchapter and shall clearly state that the agent is
				  authorized by the applicant to appear at hearings before the
				  board.
California Code of Regulations › Title 18 - Public Revenues › Division 1 - State Board of Equalization-Property Tax (California Department of Tax and Fee Administration - Timber Yield Tax, See Chapter 11) › Chapter 3 - Local Equalization › Article 1 - Hearing by County Board › Section 318 - Property in Common Ownership. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Editorial
					 correction adding NOTE filed 4-1-83 (Register 83, No. 14).
2.
					 Repealer filed 3-23-2000; operative 4-22-2000 (Register 2000, No.
					 12).
Note: Authority cited and Reference: Section
						15606,
						Government Code.
California Code of Regulations › Title 18 - Public Revenues › Division 1 - State Board of Equalization-Property Tax (California Department of Tax and Fee Administration - Timber Yield Tax, See Chapter 11) › Chapter 3 - Local Equalization › Article 1 - Hearing by County Board › Section 319 - Appearance by Corporation. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Editorial
					 correction adding NOTE filed 4-1-83 (Register 83, No. 14).
2.
					 Repealer filed 3-23-2000; operative 4-22-2000 (Register 2000, No.
					 12).
Note: Authority cited and Reference: Section
						15606,
						Government Code.
California Code of Regulations › Title 18 - Public Revenues › Division 1 - State Board of Equalization-Property Tax (California Department of Tax and Fee Administration - Timber Yield Tax, See Chapter 11) › Chapter 3 - Local Equalization › Article 1 - Hearing by County Board › Section 320 - Appearance by Members of Family. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Editorial
					 correction adding NOTE filed 4-1-83 (Register 83, No. 14).
2.
					 Repealer filed 3-23-2000; operative 4-22-2000 (Register 2000, No.
					 12).
Note: Authority cited and Reference: Section
						15606,
						Government Code.
California Code of Regulations › Title 18 - Public Revenues › Division 1 - State Board of Equalization-Property Tax (California Department of Tax and Fee Administration - Timber Yield Tax, See Chapter 11) › Chapter 3 - Local Equalization › Article 1 - Hearing by County Board › Section 325 - Notice and Clarification of Decision

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A board may announce its decision to the
				  applicant and the assessor at the conclusion of the hearing, or it may take the
				  matter under submission. The decision becomes final when:
(1) The vote is entered into the record at
				  the conclusion of the hearing provided no findings of fact are requested by
				  either party, and all parties are present at the hearing or the hearing is
				  subject to stipulation by both parties. The county may provide a written notice
				  of the decision.
(2) A written
				  notice of the decision is issued provided no findings of fact are requested by
				  either party, and the decision is taken under submission by the board at the
				  conclusion of the hearing. The county shall issue a written notice of the
				  decision no later than 120 days after the conclusion of the hearing. The clerk
				  shall notify the applicant in writing of the decision of the board by United
				  States mail addressed to the applicant or to the applicant's agent at the
				  address given in the application.
(3) A written notice of the decision is
				  issued or the findings of fact are issued, whichever is earlier, provided
				  findings of fact are requested. The county shall issue a written notice of the
				  decision no later than 120 days after the conclusion of the hearing. If so
				  requested by an applicant or an applicant's agent, the determination shall
				  become final upon issuance of the findings of fact which the county shall issue
				  no later than 180 days after the conclusion of the hearing. Such a request must
				  be made by the applicant or the applicant's agent prior to or at the conclusion
				  of the hearing. If the conclusion of the hearing is within 180 days of the
				  expiration of the two-year period specified in section
				  1604
				  of the Revenue and Taxation Code, the applicant shall agree in writing to
				  extend the two-year period. The extension shall be for a period equal to 180
				  days from the date of the conclusion of the hearing.
California Code of Regulations › Title 18 - Public Revenues › Division 1 - State Board of Equalization-Property Tax (California Department of Tax and Fee Administration - Timber Yield Tax, See Chapter 11) › Chapter 3 - Local Equalization › Article 1 - Hearing by County Board › Section 326 - Reconsideration and Rehearing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The decision of the board upon an
				  application is final. The board shall not reconsider or rehear an application
				  or modify a decision unless:
(1) The decision
				  reflects a ministerial clerical error; or
(2) The decision was entered as the result of
				  the applicant's failure to appear for the hearing and within the period
				  established pursuant to regulation 313 of this subchapter, the applicant
				  furnishes evidence establishing, to the satisfaction of the board, excusable
				  good cause for the failure to appear.
California Code of Regulations › Title 18 - Public Revenues › Division 1 - State Board of Equalization-Property Tax (California Department of Tax and Fee Administration - Timber Yield Tax, See Chapter 11) › Chapter 4 - Equalization by State Board › Article 1 - Random Selection of Counties › Section 370.5 - Random Selection of Counties for Survey or Representative Sampling for Calendar Years 2016 Through 2025

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Survey Cycle. For each calendar year from 2016 through 2025, the Board shall
				  select counties at random from among all except the 10 largest counties and
				  cities and counties for surveys of assessment procedures or representative
				  samples of assessments in accordance with the procedures contained
				  herein.
(b) Random Selection for
				  Survey or Representative Sampling. The counties selected at random will be
				  drawn from the group of counties and cities and counties, as specified below,
				  as ranked by the total value of locally assessed property in those counties and
				  cities and counties on January 1 of 2015 and January 1 of every fifth calendar
				  year thereafter.
(1) The Board shall survey
				  the assessment procedures of one county and conduct a sample of assessments on
				  the local assessment roll of another county that is within the 11th through the
				  20th largest counties and cities and counties.
(2) The Board shall survey the assessment
				  procedures of three counties and conduct a sample of assessments on the local
				  assessment roll of two other counties that are within the 21st through the 58th
				  largest counties.
(3) For purposes
				  of this paragraph, the Board shall stratify and select at random the counties
				  in consultation with the California Assessors' Association.
California Code of Regulations › Title 18 - Public Revenues › Division 1 - State Board of Equalization-Property Tax (California Department of Tax and Fee Administration - Timber Yield Tax, See Chapter 11) › Chapter 4 - Equalization by State Board › Article 1 - Random Selection of Counties › Section 371 - Significant Assessment Problems

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) For purposes of Revenue and Taxation Code
				  section
				  75.60
				  and Government Code section
				  15643,
				  "significant assessment problems" means procedure(s) in one or more areas of an
				  assessor's assessment operation, which alone or in combination, have been found
				  by the Board to indicate a reasonable probability that either:
(1) the average assessment level in the
				  county is less than 95 percent of the assessment level required by statute;
				  or
(2) the sum of all the
				  differences between the Board's appraisals and the assessor's values (without
				  regard to whether the differences are underassessments or overassessments),
				  expanded statistically over the assessor's entire roll, exceeds 7.5 percent of
				  the assessment level required by statute.
California Code of Regulations › Title 18 - Public Revenues › Division 1 - State Board of Equalization-Property Tax (California Department of Tax and Fee Administration - Timber Yield Tax, See Chapter 11) › Chapter 4 - Equalization by State Board › Article 1.5 - Office of Appraisal Appeals [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New Article
				  1.5 (Sections
				  381-394) filed 6-23-67 as
				  procedural and organizational; effective upon filing (Register 67, No.
				  25).
2. Amendment of NOTE filed 10-26-77; effective thirtieth day
				  thereafter (Register 77, No. 44).
3. Repealer of Article 1.5
				  (Sections 381-394) filed 3-4-82; effective
				  thirtieth day thereafter (Register 82, No. 10). For prior history, see
				  Registers 74, No. 32; 71, No. 24; 71, No. 4; 69, No. 45; 68, No. 44; 68, No.
				  13; and 67, No. 46.
Note: Authority cited: Section
					 15606,
					 Government Code. Reference: Sections
					 1816,
					 1816.1
					 and
					 1816.2,
					 Revenue and Taxation Code; and Section
					 15605.5,
					 Government Code.
California Code of Regulations › Title 18 - Public Revenues › Division 1 - State Board of Equalization-Property Tax (California Department of Tax and Fee Administration - Timber Yield Tax, See Chapter 11) › Chapter 4 - Equalization by State Board › Article 2 - Intercounty Equalization [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
				  Subchapter 4, Article 1 (§
										18 401-412) and Article 3 (§
										451-458) filed 4-28-67; effective
				  thirtieth day thereafter (Register 67, No. 17). (For former related
				  regulations, see Register 64, No. 4).
2. Renumbering of Article 1 to
				  Article 2 filed as procedural and organizational; effective upon filing
				  (Register 67, No. 25).
3. Amendment of NOTE filed 10-26-77;
				  effective thirtieth day thereafter (Register 77, No. 44).
4.
				  Repealer of Article 2 (Sections
				  401-412) filed 1-11-83; effective
				  thirtieth day thereafter (Register 83, No. 3).
Note: Authority cited for Article 2: Section
					 15606,
					 Government Code. Reference for Article 2: Chapter 2, Part 3, Division 1,
					 Revenue and Taxation Code.
California Code of Regulations › Title 18 - Public Revenues › Division 1 - State Board of Equalization-Property Tax (California Department of Tax and Fee Administration - Timber Yield Tax, See Chapter 11) › Chapter 4 - Equalization by State Board › Article 3 - Taxable Property of a County, City or Municipal Corporation [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer of
				  article 3 (sections
				  415-458) filed 12-29-95; operative
				  12-31-95 pursuant to Government Code section
				  11343.4(d)
				  (Register 96, No. 1).
California Code of Regulations › Title 18 - Public Revenues › Division 1 - State Board of Equalization-Property Tax (California Department of Tax and Fee Administration - Timber Yield Tax, See Chapter 11) › Chapter 4 - Equalization by State Board › Article 4 - Change in Ownership and New Construction › Section 460.1 - 1975 Base Year Values. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed as an emergency 5-25-79; effective upon filing (Register 79, No.
					 21).
2. Certificate of Compliance filed 8-21-79 (Register 79, No.
					 34).
3. Amendment of subsection (e) filed 1-18-83; effective
					 thirtieth day thereafter (Register 83, No. 3).
4. Repealer filed
					 5-7-98; operative 6-6-98 (Register 98, No. 19).
Note: Authority cited: Section
						15606,
						Government Code. Reference: Section
						110.1,
						Revenue and Taxation Code.
California Code of Regulations › Title 18 - Public Revenues › Division 1 - State Board of Equalization-Property Tax (California Department of Tax and Fee Administration - Timber Yield Tax, See Chapter 11) › Chapter 4 - Equalization by State Board › Article 4 - Change in Ownership and New Construction › Section 462 - Change in Ownership. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Amendment
					 filed 7-13-81; effective thirtieth day thereafter (Register 81, No. 29). for
					 prior history, see Register 79, No. 49.
2. Amendment of subsections
					 (b), (c), (j), (l), (m) and (n) filed 5-11-82; effective thirtieth day
					 thereafter (Register 82, No. 20).
3. Change without regulatory
					 effect renumbering former subsections
					 462(a)-(h) and
					 (j)-(n) to new sections
					 462.001-462.260 filed 5-11-94
					 pursuant to title 1, section
					 100, California Code of
					 Regulations (Register 94, No. 19).
4. Change without regulatory
					 effect repealing section filed 11-29-94 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 94, No. 48).
Note: Authority cited: Section
						15606,
						Government Code. Reference: Sections
						60-
						67,
						Revenue and Taxation Code.
California Code of Regulations › Title 18 - Public Revenues › Division 1 - State Board of Equalization-Property Tax (California Department of Tax and Fee Administration - Timber Yield Tax, See Chapter 11) › Chapter 4 - Equalization by State Board › Article 4 - Change in Ownership and New Construction › Section 462.001 - Change in Ownership-General

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A "change in ownership" in real property occurs when there
					 is a transfer of a present interest in the property, including the transfer of
					 the right to beneficial use thereof, the value of which is substantially equal
					 to the value of the fee interest. Every transfer of property qualified as a
					 "change in ownership" shall be so regarded whether the transfer is voluntary,
					 involuntary, by operation of law, by grant, gift, devise, inheritance, trust,
					 contract of sale, addition or deletion of an owner, property settlement, or any
					 other means. A change in the name of an owner of property not involving a
					 change in the right to beneficial use is excluded from the term "transfer" as
					 used in this section.
1. Change
					 without regulatory effect renumbering former subsections
					 462(a)(1)-(2) to
					 section 462.001 filed 5-11-94 pursuant to
					 title 1, section
					 100, California Code of
					 Regulations (Register 94, No. 19).
2. Amendment filed 5-12-97;
					 operative 6-11-97 (Register 97, No. 20).
Note: Authority cited: Section
						15606,
						Government Code. Reference: Sections
						60-
						67,
						Revenue and Taxation Code.
California Code of Regulations › Title 18 - Public Revenues › Division 1 - State Board of Equalization-Property Tax (California Department of Tax and Fee Administration - Timber Yield Tax, See Chapter 11) › Chapter 4 - Equalization by State Board › Article 4 - Change in Ownership and New Construction › Section 462.020 - Change in Ownership-Tenancies in Common

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) General Rule. The creation, transfer, or
				  termination of a tenancy in common interest is a change in ownership of the
				  undivided interest transferred.
(b)
				  EXCEPTIONS. The following transfers do not constitute a change in ownership:
(1) The transfer is between or among
				  co-owners and results in a change in the method of holding title but does not
				  result in a change in the proportional interests of the co-owners, such as:
(A) a partition,
(B) a transfer from a cotenancy to a joint
				  tenancy, or
(C) a transfer from a
				  cotenancy to a legal entity which results solely in a change in the method of
				  holding title and in which the proportional ownership interests in the property
				  remain the same after the transfer. (Such transferees shall be considered to be
				  the "original co-owners" of the property for purposes of determining whether a
				  change in ownership has occurred upon the subsequent transfers of the ownership
				  interests in the property.)
Example 1: A and B own a parcel of real property as tenants
					 in common each owning a 50 percent interest. They transfer the property to a
					 newly formed corporation each receiving 50 percent of the stock. Such a
					 transfer would not be regarded as a change in
					 ownership.
California Code of Regulations › Title 18 - Public Revenues › Division 1 - State Board of Equalization-Property Tax (California Department of Tax and Fee Administration - Timber Yield Tax, See Chapter 11) › Chapter 4 - Equalization by State Board › Article 4 - Change in Ownership and New Construction › Section 462.060 - Change in Ownership-Life Estates and Estates for Years

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Life estates. The creation of a life
				  estate in real property is a change in ownership at the time of transfer unless
				  the instrument creating the life estate reserves such estate in the transferor
				  or the transferor's spouse, pursuant to Revenue and Taxation Code section
				  63,
				  or registered domestic partner, pursuant to Revenue and Taxation Code section
				  62,
				  subdivision (p). However, the subsequent transfer of such a life estate by the
				  transferor or the transferor's spouse or registered domestic partner to a third
				  party is a change in ownership. Upon termination of such a reserved life
				  estate, the vesting of a right of possession or enjoyment of a remainderman
				  (other than the transferor or the transferor's spouse or registered domestic
				  partner) is a change in ownership.
(b) Estate for years. The creation of an
				  estate for years for a term of 35 years or more in real property is a change in
				  ownership at the time of transfer unless the instrument creating the estate for
				  years reserves such estate in the transferor or the transferor's spouse,
				  pursuant to Revenue and Taxation Code section
				  63,
				  or registered domestic partner, pursuant to Revenue and Taxation Code section
				  62,
				  subdivision (p). However, the subsequent transfer of such an estate for years
				  by the transferor or the transferor's spouse or registered domestic partner to
				  a third party is a change in ownership. Upon the termination of a reserved
				  estate for years for any term, the vesting of the right to possession or
				  enjoyment of a remainderman (other than the transferor or the transferor's
				  spouse or registered domestic partner) is a change in ownership. The creation
				  or transfer of an estate for years for less than 35 years is not a change in
				  ownership.
1. Change
					 without regulatory effect renumbering and amending former subsections
					 462(d)(1)-(2) to
					 section 462.060 filed 5-11-94 pursuant to
					 title 1, section
					 100, California Code of
					 Regulations (Register 94, No. 19).
2. Editorial correction of
					 section heading (Register 2013, No. 45).
3. Change without
					 regulatory effect amending section filed 12-24-2013 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2013, No. 52).
Note: Authority cited: Section
						15606,
						Government Code. Reference: Sections
						60,
						61,
						62,
						63
						and
						67,
						Revenue and Taxation Code.
California Code of Regulations › Title 18 - Public Revenues › Division 1 - State Board of Equalization-Property Tax (California Department of Tax and Fee Administration - Timber Yield Tax, See Chapter 11) › Chapter 4 - Equalization by State Board › Article 4 - Change in Ownership and New Construction › Section 462.080 - Change in Ownership-Possessory Interests

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) General Rule. The creation, renewal,
				  extension, sublease, or assignment of a taxable possessory interest in tax
				  exempt real property for any term is a change in ownership. "Renewal" and
				  "extension" do not include the granting of an option to renew or extend an
				  existing agreement pursuant to which the term of possession of the existing
				  agreement would, upon exercise of the option, be lengthened, whether the option
				  is granted in the original agreement or subsequent thereto. "Assignment" of a
				  possessory interest means the transfer of all rights held by a transferor in a
				  possessory interest.
(b)
				  EXCEPTIONS. The following do not constitute changes in ownership of taxable
				  possessory interests:
(1) An interest,
				  whether an estate for years or an estate for life, created by a reservation in
				  an instrument deeding the property to a tax exempt governmental
				  entity.
(2) An renewal or extension
				  of a taxable possessory interest during the reasonably anticipated term of
				  possession used by the assessor in establishing the initial base year value of
				  the interest, in which case, a change in ownership occurs at the end of the
				  reasonably anticipated term of possession used by the assessor to value that
				  interest.
(3) A sublease of a
				  taxable possessory interest for a term, including renewal options, that does
				  not exceed half the length of the remaining term of the leasehold, including
				  renewal options.
(4) The
				  termination of a sublease of a taxable possessory interest with an original
				  term, including renewal options, that did not exceed half the length of the
				  remaining term of the leasehold, including renewal options, when the sublease
				  was entered into.
(5) Any transfer
				  of a sublessee's interest in a taxable possessory interest, with a remaining
				  term, including renewal options, that does not exceed half of the remaining
				  term of the leasehold.
(6) Any
				  transfer of a taxable possessory interest subject to a sublease with a
				  remaining term, including renewal options, that exceeds half the length of the
				  remaining term of the leasehold, including renewal options.
California Code of Regulations › Title 18 - Public Revenues › Division 1 - State Board of Equalization-Property Tax (California Department of Tax and Fee Administration - Timber Yield Tax, See Chapter 11) › Chapter 4 - Equalization by State Board › Article 4 - Change in Ownership and New Construction › Section 462.5 - Change in Ownership of Real Property Acquired to Replace Property Taken by Governmental Action or Eminent Domain Proceedings. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 1-17-85; effective thirtieth day thereafter (Register 85, No.
					 3).
2. Amendment of subsections (d), (f) and (g) filed 1-15-88;
					 operative 2-14-88 (Register 88, No. 5).
3. Change without regulatory
					 effect of subsection (c) filed 7-13-88 pursuant to Section
					 100, Title 1, California Code of
					 Regulations (Register 88, No. 30).
4. Change without regulatory
					 effect renumbering former section
					 462.5 to section
					 462.500 filed 1-27-97 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 97, No. 5).
Note: Authority cited: Section
						15606,
						Government Code. Reference: Article XIIIA, Section
						2(d), California
						Constitution; and Section
						68,
						Revenue and Taxation Code.
California Code of Regulations › Title 18 - Public Revenues › Division 1 - State Board of Equalization-Property Tax (California Department of Tax and Fee Administration - Timber Yield Tax, See Chapter 11) › Chapter 4 - Equalization by State Board › Article 4 - Change in Ownership and New Construction › Section 462.100 - Change in Ownership-Leases

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The following transfers of either the
				  lessee's interest or the lessor's interest in taxable real property constitute
				  a change in ownership of such real property:
(1) Lessee's Interest:
(A) the creation of a leasehold interest in
				  real property for a term of 35 years or more.
(B) the transfer, sublease, or assignment of
				  a leasehold interest with a remaining term of 35 years or more.
(C) the termination of a leasehold interest
				  which had an original term of 35 years or more.
California Code of Regulations › Title 18 - Public Revenues › Division 1 - State Board of Equalization-Property Tax (California Department of Tax and Fee Administration - Timber Yield Tax, See Chapter 11) › Chapter 4 - Equalization by State Board › Article 4 - Change in Ownership and New Construction › Section 462.120 - Change in Ownership-Foreclosure

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Mortgage or deed of trust foreclosed by
				  judicial action is a sufficient change in ownership only:
(1) After the period of redemption has passed
				  and property has not been redeemed, or
(2) Upon redemption when title vests in the
				  original debtor's successor in interest.
California Code of Regulations › Title 18 - Public Revenues › Division 1 - State Board of Equalization-Property Tax (California Department of Tax and Fee Administration - Timber Yield Tax, See Chapter 11) › Chapter 4 - Equalization by State Board › Article 4 - Change in Ownership and New Construction › Section 462.140 - Change in Ownership-Transfers Resulting from Tax Delinquency

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Redemption of tax-defaulted property by the assessee shall
					 not be considered as a change in ownership. However, a sale of tax-defaulted
					 property by the tax collector, whether to the former assessee or to any other
					 person, is a change in ownership requiring reappraisal as of the date of the
					 sale.
1. Change
					 without regulatory effect renumbering former subsection
					 462(h) to section
					 462.140 filed 5-11-94 pursuant to
					 title 1, section
					 100, California Code of
					 Regulations (Register 94, No. 19).
2. Amendment filed 5-12-97;
					 operative 6-11-97 (Register 97, No. 20).
Note: Authority cited: Section
						15606,
						Government Code. Reference: Section
						60,
						Revenue and Taxation Code.
California Code of Regulations › Title 18 - Public Revenues › Division 1 - State Board of Equalization-Property Tax (California Department of Tax and Fee Administration - Timber Yield Tax, See Chapter 11) › Chapter 4 - Equalization by State Board › Article 4 - Change in Ownership and New Construction › Section 462.180 - Change in Ownership-Legal Entities

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Transfers of Real Property to and by
				  Legal Entities. General Rule. The transfer of any interest in real property to
				  a corporation, partnership, limited liability company, or other legal entity is
				  a change in ownership of the real property interest transferred. For purposes
				  of this rule, "real property" or "interests in real property" includes real
				  property interests and fractional interests thereof, the transfer of which
				  constitute a change in ownership under Revenue and Taxation Code section
				  60
				  and the following applicable sections of the Revenue and Taxation Code, and
				  under the applicable change in ownership provisions of the Property Tax
				  Rules.
(b) Exceptions. The
				  following transfers do not constitute changes in ownership of the real
				  property:
(1) Affiliated Corporation
				  Transfers. Transfers of real property between or among affiliated corporations,
				  including those made to achieve a corporate reorganization if:
(A) the voting stock of the corporation
				  making the transfer and the voting stock of the transferee corporation are each
				  owned 100 percent by one or more corporations related by voting stock ownership
				  to a common parent, and
(B) the
				  common parent corporation owns directly 100 percent of the voting stock of at
				  least one corporation in the chain(s) of related corporations.
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A transfer of real property by P, A, B, or C to any of the
					 other three corporations would not be a change in ownership.
Example 1: Any transfer by C (wholly owned by A and B) to B
					 (wholly owned by A and P) would not be a change in ownership because of those
					 relationships and because P owns 100 percent of A.
If real property is transferred between non-affiliated
					 corporations, only the property transferred shall be deemed to have undergone a
					 change in ownership.
California Code of Regulations › Title 18 - Public Revenues › Division 1 - State Board of Equalization-Property Tax (California Department of Tax and Fee Administration - Timber Yield Tax, See Chapter 11) › Chapter 4 - Equalization by State Board › Article 4 - Change in Ownership and New Construction › Section 462.200 - Change in Ownership-Miscellaneous Arrangements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Security transactions. There are
				  transactions that may be interpreted to be either a conveyance of the property
				  or a mere security interest therein, depending on the facts. There is a
				  rebuttable presumption under Civil Code Section
				  1105 and
				  Evidence Code Section
				  662 that a
				  grant of title to real property is a transfer of a present interest in the real
				  property, including the beneficial use thereof, equal to a fee interest. In
				  overcoming this presumption, consideration may be given to, but not limited to,
				  the following factors:
(1) The existence of a
				  debt or promise to pay.
(2) The
				  principal amount to be paid for reconveyance is the same, or substantially the
				  same, as the amount paid for the original deed.
(3) A great inequality between the value of
				  the property and the price alleged to have been paid.
(4) The grantor remaining in possession with
				  the right to reconveyance on payment of the debt; and
(5) A written agreement between the parties
				  to reconvey the property upon payment of the debt. The best evidence of the
				  existence of any factor shall be an adjudication of the existence of the factor
				  reflected in a final judicial finding, order, or judgment. Proof may also be
				  made by declarations under penalty of perjury (or affidavits) accompanied by
				  such written evidence as may reasonably be available, such as written
				  agreements, cancelled checks, insurance policies, and tax
				  returns.
California Code of Regulations › Title 18 - Public Revenues › Division 1 - State Board of Equalization-Property Tax (California Department of Tax and Fee Administration - Timber Yield Tax, See Chapter 11) › Chapter 4 - Equalization by State Board › Article 4 - Change in Ownership and New Construction › Section 462.240 - The Following Transfers DO Not Constitute a Change in Ownership

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The following transfers do not constitute a change in
					 ownership:
(a) The transfer of bare
				  legal title, e.g.,
(1) Any transfer to an
				  existing assessee for the purpose of perfecting title to the
				  property.
(2) Any transfer
				  resulting in the creation, assignment, or reconveyance of a security interest
				  not coupled with the right to immediate use, occupancy, possession or
				  profits.
California Code of Regulations › Title 18 - Public Revenues › Division 1 - State Board of Equalization-Property Tax (California Department of Tax and Fee Administration - Timber Yield Tax, See Chapter 11) › Chapter 4 - Equalization by State Board › Article 4 - Change in Ownership and New Construction › Section 462.260 - Date of Change in Ownership

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
For purposes of reappraising real property as of the date
					 of change in ownership of real property, the following dates shall be
					 used:
(a) Sales.
(1) Where the transfer is evidenced by
				  recordation of a deed or other document, the date of recordation shall be
				  rebuttably presumed to be the date of ownership change. This presumption may be
				  rebutted by evidence proving a different date to be the date all parties'
				  instructions have been met in escrow or the date the agreement of the parties
				  became specifically enforceable.
(2) Where the transfer is accomplished by an
				  unrecorded document, the date of the transfer document shall be rebuttably
				  presumed to be the date of ownership change. This presumption may be rebutted
				  by evidence proving a different date to be the date all parties' instructions
				  have been met in escrow or the date the agreement of the parties became
				  specifically enforceable.
California Code of Regulations › Title 18 - Public Revenues › Division 1 - State Board of Equalization-Property Tax (California Department of Tax and Fee Administration - Timber Yield Tax, See Chapter 11) › Chapter 4 - Equalization by State Board › Article 4 - Change in Ownership and New Construction › Section 462.500 - Change in Ownership of Real Property Acquired to Replace Property Taken by Governmental Action or Eminent Domain Proceedings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) General. The term "change in ownership"
				  shall not include the acquisition of comparable real property as replacement
				  for property taken if the person acquiring the replacement real property has
				  been displaced from property in this state by:
(1) Eminent domain proceedings instituted by
				  any entity authorized by statute to exercise the power of eminent domain,
				  or
(2) Acquisition by a public
				  entity, or
(3) Governmental action
				  which has resulted in a judgment of inverse condemnation.
California Code of Regulations › Title 18 - Public Revenues › Division 1 - State Board of Equalization-Property Tax (California Department of Tax and Fee Administration - Timber Yield Tax, See Chapter 11) › Chapter 4 - Equalization by State Board › Article 4 - Change in Ownership and New Construction › Section 462.520 - Change in Ownership - Intergenerational Transfers

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
GENERAL
. Beginning on and
				  after February 16, 2021, "change in ownership" shall not include the transfer
				  of real property which is the principal residence or the family farm of an
				  eligible transferor in the case of transfers between parents and their children
				  or between grandparents and their grandchildren, meeting the following
				  conditions:
(1) The principal residence or
				  family farm of the transferor must become the principal residence or the family
				  farm of at least one eligible transferee within one year of the transfer.
(A) If the transfer is of a principal
				  residence, an eligible transferee must file a claim for the homeowners' or
				  disabled veterans' exemption at the time of the transfer or within one year of
				  the transfer.
(B) If the transfer
				  is of a family farm, an eligible transferee need not file a claim for either
				  the homeowners' or disabled veterans' exemption. A family farm is not required
				  to include a principal residence to qualify for this exclusion.
(C) A claim for exclusion under this section
				  may be filed separately for a principal residence on a family farm if that
				  principal residence meets all the requirements of this
				  section.
California Code of Regulations › Title 18 - Public Revenues › Division 1 - State Board of Equalization-Property Tax (California Department of Tax and Fee Administration - Timber Yield Tax, See Chapter 11) › Chapter 4 - Equalization by State Board › Article 4 - Change in Ownership and New Construction › Section 463.500 - Date of Completion of New Construction-Supplemental Assessments

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Application.
				  The provisions of this section are applicable only to supplemental assessments
				  levied pursuant to Chapter 3.5 (commencing with Section
				  75) of Part 0.5 of Division 1 of
				  the Revenue and Taxation Code.
(b)
				  Date of Completion of New Construction. The date of completion of new
				  construction resulting from actual physical new construction on the site shall
				  be the earliest of either the date upon which the new construction is available
				  for use by the owner or, if all of the conditions of paragraph (b) (1) are
				  satisfied, the date the property is occupied or used by the owner, or with the
				  owner's consent, after the owner has provided a notice in accordance with
				  paragraph (b) (1).
(1) The date of completion
				  of new construction resulting from actual physical new construction shall not
				  be the date upon which it is available for use if the owner does not intend to
				  occupy or use the property and the owner notifies the assessor in writing prior
				  to, or within 30 days after, the date of commencement of construction that
				  he/she/it does not intend to occupy or use the identified property or a
				  specified portion thereof.
(2) The
				  date of completion of new construction resulting from actual physical new
				  construction shall be conclusively presumed to be the date upon which the new
				  construction is available for use by the owner if the assessor fails to receive
				  notice as provided in paragraph (b) (1).
California Code of Regulations › Title 18 - Public Revenues › Division 1 - State Board of Equalization-Property Tax (California Department of Tax and Fee Administration - Timber Yield Tax, See Chapter 11) › Chapter 4 - Equalization by State Board › Article 4 - Change in Ownership and New Construction › Section 464 - Veterans' Exemptions. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 7-3-78 as an emergency; effective upon filing (Register 78, No.
					 27).
2. Certificate of Compliance filed 10-2-78 (Register 78, No.
					 40).
3. Editorial correction of NOTE filed 2-2-83 (Register 83, No.
					 6).
4. Amendment of section heading, section and NOTE filed 5-13-98;
					 operative 6-12-98 (Register 98, No. 20).
5. Change without
					 regulatory effect renumbering former section
					 464 to new section
					 149 filed 1-29-2020 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2020, No. 5).
Note: Authority cited: Section
						15606(c),
						Government Code. Reference: Sections
						110,
						110.1
						and
						205.1,
						Revenue and Taxation Code.
California Code of Regulations › Title 18 - Public Revenues › Division 1 - State Board of Equalization-Property Tax (California Department of Tax and Fee Administration - Timber Yield Tax, See Chapter 11) › Chapter 4 - Equalization by State Board › Article 4 - Change in Ownership and New Construction › Section 465 - Nonprofit Golf Courses. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 7-3-78 as an emergency; effective upon filing (Register 78, No.
					 27).
2. Certificate of Compliance filed 10-2-78 (Register 78, No.
					 40).
3. Repealer and new section filed 8-22-79 as an emergency;
					 effective upon filing (Register 79, No. 34). A Certificate of Compliance must
					 be filed within 120 days or emergency language will be repealed on
					 12-20-79.
4. Certificate of Compliance filed 12-6-79 (Register 79,
					 No. 49).
5. Repealer filed 3-4-82; effective thirtieth day
					 thereafter (Register 82, No. 10).
Note: Authority cited: Section
						15606,
						Government Code. Reference: Art. XIII A, Sections
						1 and
						2, California
						Constitution.
California Code of Regulations › Title 18 - Public Revenues › Division 1 - State Board of Equalization-Property Tax (California Department of Tax and Fee Administration - Timber Yield Tax, See Chapter 11) › Chapter 4 - Equalization by State Board › Article 4 - Change in Ownership and New Construction › Section 466 - Valuation and Enrollment of Trees and Vines. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 7-3-78 as an emergency; effective upon filing (Register 78, No.
					 27).
2. Amendment filed 10-2-78 as an emergency; effective upon
					 filing. Certificate of Compliance included (Register 78, No. 40).
3.
					 Order which was filed 10-2-78 refiled 10-20-78 as an emergency, to correct date
					 of adoption; effective upon filing. Certificate of Compliance included
					 (Register 78, No. 43).
4. Repealer and new section filed 8-22-79 as
					 an emergency; effective upon filing (Register 79, No. 34). A Certificate of
					 Compliance must be filed within 120 days or emergency language will be repealed
					 on 12-20-79.
5. Certificate of Compliance filed 12-6-79 (Register
					 79, No. 49).
6. Repealer filed 12-6-99; operative 1-5-2000 (Register
					 99, No. 50).
Note: Authority cited: Section
						15606(c),
						Government Code. Reference: Art. XIII A, Secs.
						1 and
						2, California
						Constitution.