Bill Text: CA AB448 | 2011-2012 | Regular Session | Amended
Bill Title: Property taxation: change in ownership.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-02-01 - Died pursuant to Art. IV, Sec. 10(c) of the Constitution. From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB448 Detail]
Download: California-2011-AB448-Amended.html
BILL NUMBER: AB 448 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JANUARY 4, 2012
AMENDED IN ASSEMBLY SEPTEMBER 8, 2011
AMENDED IN ASSEMBLY MARCH 31, 2011
INTRODUCED BY Assembly Member Ammiano
FEBRUARY 15, 2011
An act to amend Sections 64, 480.1, 480.2, and 482 of, and to add
Sections 480.9, 486, 486.5, and 488 to, the Revenue and Taxation
Code, relating to taxation, to take effect immediately, tax levy.
LEGISLATIVE COUNSEL'S DIGEST
AB 448, as amended, Ammiano. Property taxation: change in
ownership.
The California Constitution generally limits ad valorem taxes on
real property to 1% of the full cash value of that property. For
purposes of this limitation, "full cash value" is defined as the
assessor's valuation of real property as shown on the 1975-76 tax
bill under "full cash value" or, thereafter, the appraised value of
that real property when purchased, newly constructed, or a change in
ownership has occurred. Existing property tax law specifies those
circumstances in which the transfer of ownership interests in a
corporation, partnership, limited liability company, or other legal
entity results in a change in ownership of the real property owned by
that entity, and generally provides that a change in ownership as so
described occurs when a legal entity or other person obtains a
controlling or majority ownership interest in the legal entity.
Existing law also specifies other circumstances in which certain
transfers of ownership interests in legal entities result in a change
in ownership of the real property owned by those legal entities.
This bill would instead specify that when 100% of the ownership
interests in a legal entity, as defined, are sold or transferred in a
single transaction, as specified, the real property owned by that
legal entity has changed ownership, whether or not any one legal
entity or person that is a party to the transaction acquires more
than 50% of the ownership interests. The bill would require the State
Board of Equalization to notify assessors when a change in ownership
as so described occurs.
Existing law requires a person or legal entity that obtains a
controlling or majority ownership interest in a legal entity, or an
entity that makes specified transfers of ownership interests in the
legal entity, to file a change in ownership statement signed under
penalty of perjury with the State Board of Equalization, as
specified. Existing law requires a penalty of 10% of the taxes
applicable to the new base year value, as specified, or 10% of the
current year's taxes on the property, as specified, to be added to
the assessment made on the roll if a person or legal entity required
to file a change in ownership statement fails to do so.
This bill would require a person or legal entity acquiring
ownership interests in a legal entity, when 100% of the ownership
interests in the legal entity are sold or transferred, as described
above, to file a change in ownership statement signed under penalty
of perjury with the State Board of Equalization. This bill would
increase the penalties for failure to file a change in ownership
statement, as described above, from 10% to 20%.
This bill would also require, whenever there occurs any change in
the ownership interests in a legal entity holding an interest in real
property in this state, the person or legal entity acquiring the
ownership interest of the legal entity to report the change in
ownership interests to the State Board of Equalization, as provided.
This bill would require, whenever there occurs a specified transfer
between an individual or individuals and a legal entity or between
legal entities, the legal entity to report subsequent changes in the
ownership interests of the legal entity to the county assessor, as
provided. This bill would state the intent of the
Legislature to enact legislation to impose a penalty for failure to
report these changes in ownership interests.
This bill would also require, whenever there occurs a change of an
ownership interest in a legal entity holding an interest in real
property, a deed to be recorded with the county recorder by the owner
of the real property, even if the owner of the real property does
not change.
By expanding the crime of perjury and by imposing new duties upon
local county officials with respect to changes in ownership, this
bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that with regard to certain mandates no
reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that,
if the Commission on State Mandates determines that the bill contains
costs so mandated by the state, reimbursement for those costs shall
be made pursuant to the statutory provisions noted above.
This bill would include a change in state statute that would
result in a taxpayer paying a higher tax within the meaning of
Section 3 of Article XIII A of the California Constitution, and thus
would require for passage the approval of 2/3 of the membership of
each house of the Legislature.
This bill would take effect immediately as a tax levy.
Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all of the
following:
(a) The system for determining a change in ownership for the
purpose of assessment of commercial property is complex and difficult
to administer.
(b) Property owners use complex legal maneuvers and methods of
dividing up, or obscuring, ownership patterns, in order to avoid
reassessment when changes of ownership actually occur.
(c) There are many circumstances where changes of ownership have
legally taken place, which are often not known to the assessor
because they are deliberately obscured, such as keeping the property
in the name of the old property owner even when a company is
purchased.
(d) Deeds are filed that describe ownership patterns of such
complexity that it is difficult for the legal powers of the counties,
and the enforcement powers of the assessor, to be exercised.
(e) Transactions occur that should be identified as changes of
ownership, such as a 100-percent purchase of a company, which avoid
reassessment because of the ability to divide ownership shares.
(f) Penalties for obscuring, or failing to report, transactions
are insufficient to provide incentives to purchasers to self-report,
making the job of identifying these transactions by the assessor and
the State Board of Equalization more difficult.
(g) Changes in ownership may not trigger reassessment because of
leasehold interests that are not transparent to the assessor.
(h) Therefore, it is the intent of the Legislature to provide all
of the following:
(1) Greater clarity with regard to those circumstances in which a
change in ownership has occurred.
(2) Greater transparency in ownership patterns with respect to the
filing of deeds and with respect to other real property and
financial transactions.
(3) Improved reporting and stronger enforcement and
penalties for the failure to report changes in ownership .
(i) It is further the intent of the Legislature that changes in
ownership in which 100 percent of the ownership of a business,
whether through mergers, private equity buyouts, transfer of
ownership from one financial institution to another, transfers of
shares of limited liability companies or trusts, transfers of
partnership shares, and or other
changes by which 100 percent is transferred shall constitute a change
of ownership subject to reassessment.
SEC. 2. Section 64 of the Revenue and Taxation Code is amended to
read:
64. (a) Except as provided in subdivision (i) of Section 61 and
subdivisions (c) and (d), the purchase or transfer of ownership
interests in legal entities, such as corporate stock or partnership
or limited liability company interests, does not constitute a
transfer of the real property of the legal entity. This subdivision
applies to the purchase or transfer of ownership interests in a
partnership without regard to whether it is a continuing or a
dissolved partnership.
(b) Any corporate reorganization, where all of the corporations
involved are members of an affiliated group, and that qualifies as a
reorganization under Section 368 of the United States Internal
Revenue Code and that is accepted as a nontaxable event by similar
California statutes, or any transfer of real property among members
of an affiliated group, or any reorganization of farm credit
institutions pursuant to the federal Farm Credit Act of 1971 (Public
Law 92-181), as amended, shall not be a change of ownership. The
taxpayer shall furnish proof, under penalty of perjury, to the
assessor that the transfer meets the requirements of this
subdivision.
For purposes of this subdivision, "affiliated group" means one or
more chains of corporations connected through stock ownership with a
common parent corporation if both of the following conditions are
met:
(1) One hundred percent of the voting stock, exclusive of any
share owned by directors, of each of the corporations, except the
parent corporation, is owned by one or more of the other
corporations.
(2) The common parent corporation owns, directly, 100 percent of
the voting stock, exclusive of any shares owned by directors, of at
least one of the other corporations.
(c) (1) (A) When a corporation, partnership, limited liability
company, other legal entity, or any other person obtains control
through direct or indirect ownership or control of more than 50
percent of the voting stock of any corporation, or obtains a majority
ownership interest in any partnership, limited liability company, or
other legal entity through the purchase or transfer of corporate
stock, partnership, or limited liability company interest, or
ownership interests in other legal entities, including any purchase
or transfer of 50 percent or less of the ownership interest through
which control or a majority ownership interest is obtained, the
purchase or transfer of that stock or other interest shall be a
change of ownership of the real property owned by the corporation,
partnership, limited liability company, or other legal entity in
which the controlling interest is obtained.
(B) (i) When 100 percent of the ownership interests in a legal
entity are sold or transferred in a single transaction to a legal
entity or person, whether by merger, acquisition, private equity
buyout, transfer of partnership shares, or any other means by which a
legal entity or person acquires the ownership interests of another
legal entity, including the subsidiaries or affiliates of the legal
entity and the property owned by those subsidiaries or affiliates,
the purchase or transfer of the ownership interests shall be a change
of ownership of the real property owned by the legal entity, whether
or not any one legal entity or person that is a party to the
transaction acquires more than 50 percent of the ownership interests.
(ii) For purposes of this subparagraph:
(I) "Legal entity" means a corporation, partnership, limited
liability company, or other legal entity.
(II) "Ownership interests" means corporate voting stock,
partnership capital and profits interests, limited liability company
membership interests, and other ownership interests in legal
entities.
(III) "Single transaction" means a transaction in which 100
percent of the ownership interests are sold or transferred in either
one calendar year or within a three-year period beginning on the date
of the original transaction when any percentage of ownership
interests are sold or transferred.
(2) On or after January 1, 1996, when an owner of a majority
ownership interest in any partnership obtains all of the remaining
ownership interests in that partnership or otherwise becomes the sole
partner, the purchase or transfer of the minority interests, subject
to the appropriate application of the step-transaction doctrine,
shall not be a change in ownership of the real property owned by the
partnership.
(d) If property is transferred on or after March 1, 1975, to a
legal entity in a transaction excluded from change in ownership by
paragraph (2) of subdivision (a) of Section 62, then the persons
holding ownership interests in that legal entity immediately after
the transfer shall be considered the "original coowners." Whenever
shares or other ownership interests representing cumulatively more
than 50 percent of the total interests in the entity are transferred
by any of the original coowners in one or more transactions, a change
in ownership of that real property owned by the legal entity shall
have occurred, and the property that was previously excluded from
change in ownership under the provisions of paragraph (2) of
subdivision (a) of Section 62 shall be reappraised.
The date of reappraisal shall be the date of the transfer of the
ownership interest representing individually or cumulatively more
than 50 percent of the interests in the entity.
A transfer of shares or other ownership interests that results in
a change in control of a corporation, partnership, limited liability
company, or any other legal entity is subject to reappraisal as
provided in subdivision (c) rather than this subdivision.
(e) To assist in the determination of whether a change of
ownership has occurred under subdivisions (c) and (d), the Franchise
Tax Board shall include a question in substantially the following
form on returns for partnerships, banks, and corporations (except
tax-exempt organizations):
If the corporation (or partnership or limited liability company)
owns real property in California, has cumulatively more than 50
percent of the voting stock (or more than 50 percent of total
interest in both partnership or limited liability company capital and
partnership or limited liability company profits) (1) been
transferred by the corporation (or partnership or limited liability
company) since March 1, 1975, or (2) been acquired by another legal
entity or person during the year? (See instructions.)
If the entity answers "yes" to (1) or (2) in the above question,
then the Franchise Tax Board shall furnish the names and addresses of
that entity and of the stock or partnership or limited liability
company ownership interest transferees to the State Board of
Equalization.
(f) The board may prescribe regulations as may be necessary to
carry out the purposes of the act adding this subdivision.
SEC. 3. Section 480.1 of the Revenue and
Taxation Code is amended to read:
480.1. (a) Whenever there is a change in control or a change in
ownership of any corporation, partnership, limited liability company,
or other legal entity, as defined in subdivision (c) of Section 64,
a signed change in ownership statement as provided for in subdivision
(b), shall be filed by the person or legal entity acquiring
ownership of the corporation, partnership, limited liability company,
or other legal entity with the board at its office in Sacramento
within 45 days from the date of the change in control or the change
in ownership of the corporation, partnership, limited liability
company, or other legal entity. The statement shall list all counties
in which the corporation, partnership, limited liability company, or
legal entity owns real property.
(b) The change in ownership statement as required pursuant to
subdivision (a), shall be declared to be true under penalty of
perjury and shall give such information relative to the ownership
acquisition transaction as the board shall prescribe after
consultation with the California Assessors' Association. The
information shall include, but not be limited to, a description of
the property owned by the corporation, partnership, limited liability
company, or other legal entity, the parties to the transaction, and
the date of the ownership acquisition. The change in ownership
statement shall not include any question which is not germane to the
assessment function. The statement shall contain a notice that is
printed, with the title in at least 12-point boldface type and the
body in at least 8-point boldface type, in the following form:
"Important Notice"
"The law requires any person or legal entity acquiring ownership
in any corporation, partnership, limited liability company, or other
legal entity owning real property in California subject to local
property taxation to complete and file a change in ownership
statement with the State Board of Equalization at its office in
Sacramento. The change in ownership statement must be filed within 45
days from the date of the change in control or the change in
ownership of a corporation, partnership, limited liability company,
or other legal entity. The law further requires that a change in
ownership statement be completed and filed whenever a written request
is made therefor by the State Board of Equalization, regardless of
whether a change in control or a change in ownership of the legal
entity has occurred. The failure to file a change in ownership
statement within 45 days from the earlier of the date of the change
in control or a change in ownership of the corporation, partnership,
limited liability company, or other legal entity, or the date of a
written request by the State Board of Equalization, results in a
penalty of 20 percent of the taxes applicable to the new base year
value reflecting the change in control or the change in ownership of
the real property owned by the corporation, partnership, limited
liability company, or legal entity (or 20 percent of the current year'
s taxes on that property if no change in control or change in
ownership occurred). This penalty will be added to the assessment
roll and shall be collected like any other delinquent property taxes,
and be subject to the same penalties for nonpayment."
(c) In the case of a corporation, the change in ownership
statement shall be signed either by an officer of the corporation or
an employee or agent who has been designated in writing by the board
of directors to sign such statements on behalf of the corporation. In
the case of a partnership, limited liability company, or other legal
entity, the statement shall be signed by an officer, partner,
manager, or an employee or agent who has been designated in writing
by the partnership, limited liability company, or legal entity.
(d) No person or entity acting for or on behalf of the parties to
a transfer of real property shall incur liability for the
consequences of assistance rendered to the transferee in preparation
of any change in ownership statement, and no action may be brought or
maintained against any person or entity as a result of that
assistance.
Nothing in this section shall create a duty, either directly or by
implication, that such assistance be rendered by any person or
entity acting for or on behalf of parties to a transfer of real
property.
(e) The board or assessors may inspect any and all records and
documents of a corporation, partnership, limited liability company,
or legal entity to ascertain whether a change in control or a change
in ownership, as defined in subdivision (c) of Section 64, has
occurred. The corporation, partnership, limited liability company, or
legal entity shall upon request, make those documents available to
the board during normal business hours.
SEC. 4. Section 480.2 of the Revenue and
Taxation Code is amended to read:
480.2. (a) Whenever there is a change in ownership of any
corporation, partnership, limited liability company, or other legal
entity, as defined in subdivision (d) of Section 64, a signed change
in ownership statement as provided in subdivision (b) shall be filed
by the corporation, partnership, limited liability company, or other
legal entity with the board at its office in Sacramento within 45
days from the date of the change in ownership of the corporation,
partnership, limited liability company, or other legal entity. The
statement shall list all counties in which the corporation,
partnership, limited liability company, or legal entity owns real
property.
(b) The change in ownership statement required pursuant to
subdivision (a) shall be declared to be true under penalty of perjury
and shall give such information relative to the ownership interest
acquisition transaction as the board shall prescribe after
consultation with the California Assessors' Association. The
information shall include, but not be limited to, a description of
the property owned by the corporation, partnership, limited liability
company, or other legal entity, the parties to the transaction, the
date of the ownership interest acquisition, and a listing of the
"original coowners" of the corporation, partnership, limited
liability company, or other legal entity prior to the transaction.
The change in ownership statement shall not include any question
which is not germane to the assessment function. The statement shall
contain a notice that is printed, with the title in at least 12-point
boldface type and the body in at least 8-point boldface type, in the
following form:
"Important Notice"
"The law requires any corporation, partnership, limited liability
company, or other legal entity owning real property in California
subject to local property taxation and transferring shares or other
ownership interest in such legal entity which constitute a change in
ownership pursuant to subdivision (d) of Section 64 of the Revenue
and Taxation Code to complete and file a change in ownership
statement with the State Board of Equalization at its office in
Sacramento. The change in ownership statement must be filed within 45
days from the date that shares or other ownership interests
representing cumulatively more than 50 percent of the total control
or ownership interests in the entity are transferred by any of the
original coowners in one or more transactions. The law further
requires that a change in ownership statement be completed and filed
whenever a written request is made therefor by the State Board of
Equalization, regardless of whether a change in ownership of the
legal entity has occurred. The failure to file a change in ownership
statement within 45 days from the earlier of the date of the change
in ownership of the corporation, partnership, limited liability
company, or other legal entity, or the date of a written request by
the State Board of Equalization, results in a penalty of 20 percent
of the taxes applicable to the new base year value reflecting the
change in ownership of the real property owned by the corporation,
partnership, limited liability company, or legal entity (or 20
percent of the current year's taxes on that real property if no
change in ownership occurred). This penalty will be added to the
assessment roll and shall be collected like any other delinquent
property taxes, and be subject to the same penalties for nonpayment."
(c) In the case of a corporation, the change in ownership
statement shall be signed either by an officer of the corporation or
an employee or agent who has been designated in writing by the board
of directors to sign such statements on behalf of the corporation. In
the case of a partnership, limited liability company, or other legal
entity, the statement shall be signed by an officer, partner,
manager, or an employee or agent who has been designated in writing
by the partnership, limited liability company, or legal entity.
(d) No person or entity acting for or on behalf of the parties to
a transfer of real property shall incur liability for the
consequences of assistance rendered to the transferee in preparation
of any change in ownership statement, and no action may be brought or
maintained against any person or entity as a result of that
assistance.
Nothing in this section shall create a duty, either directly or by
implication, that such assistance be rendered by any person or
entity acting for or on behalf of parties to a transfer of real
property.
(e) The board or assessors may inspect any and all records and
documents of a corporation, partnership, limited liability company,
or legal entity to ascertain whether a change in ownership as defined
in subdivision (d) of Section 64 has occurred. The corporation,
partnership, limited liability company, or legal entity shall upon
request, make those documents available to the board during normal
business hours.
SEC. 3. Section 480.1 of the Revenue
and Taxation Code , as amended by Section 2 of Chapter 708
of the Statutes of 2011, is amended to read:
480.1. (a) Whenever there is a change in control or a change
in ownership of any corporation, partnership, limited
liability company, or other legal entity, as defined in subdivision
(c) of Section 64, a signed change in ownership statement as provided
for in subdivision (b), shall be filed by the person or legal entity
acquiring ownership control of the corporation,
partnership, limited liability company, or other legal entity with
the board at its office in Sacramento within 90 days from the date of
the change in control or the change in ownership of the
corporation, partnership, limited liability company, or other legal
entity. The statement shall list all counties in which the
corporation, partnership, limited liability company, or legal entity
owns real property.
(b) The change in ownership statement as required pursuant to
subdivision (a), shall be declared to be true under penalty of
perjury and shall give such information relative to the ownership
control acquisition transaction as the board shall
prescribe after consultation with the California Assessors'
Association. The information shall include, but not be limited to, a
description of the property owned by the corporation, partnership,
limited liability company, or other legal entity, the parties to the
transaction, and the date of the ownership control
acquisition. The change in ownership statement shall not include any
question which is not germane to the assessment function. The
statement shall contain a notice that is printed, with the title in
at least 12-point boldface type and the body in at least 8-point
boldface type, in the following form:
"Important Notice"
"The law requires any person or legal entity acquiring ownership
control in any corporation, partnership, limited
liability company, or other legal entity owning real property in
California subject to local property taxation to complete and file a
change in ownership statement with the State Board of Equalization at
its office in Sacramento. The change in ownership statement must be
filed within 90 days from the date of the change in control or
the change in ownership of a corporation, partnership, limited
liability company, or other legal entity. The law further requires
that a change in ownership statement be completed and filed whenever
a written request is made therefor by the State Board of
Equalization, regardless of whether a change in control or a
change in ownership of the legal entity has occurred. The
failure to file a change in ownership statement within 90 days from
the earlier of the date of the change in control or a change in
ownership of the corporation, partnership, limited liability
company, or other legal entity, or the date of a written request by
the State Board of Equalization, results in a penalty of 10
20 percent of the taxes applicable to the new
base year value reflecting the change in control or the change
in ownership of the real property owned by the corporation,
partnership, limited liability company, or legal entity (or
10 20 percent of the current year's taxes on
that property if no change in control or change in ownership
occurred). This penalty will be added to the assessment roll
and shall be collected like any other delinquent property taxes, and
be subject to the same penalties for nonpayment."
(c) In the case of a corporation, the change in ownership
statement shall be signed either by an officer of the corporation or
an employee or agent who has been designated in writing by the board
of directors to sign such statements on behalf of the corporation. In
the case of a partnership, limited liability company, or other legal
entity, the statement shall be signed by an officer, partner,
manager, or an employee or agent who has been designated in writing
by the partnership, limited liability company, or legal entity.
(d) No person or entity acting for or on behalf of the parties to
a transfer of real property shall incur liability for the
consequences of assistance rendered to the transferee in preparation
of any change in ownership statement, and no action may be brought or
maintained against any person or entity as a result of that
assistance.
Nothing in this section shall create a duty, either directly or by
implication, that such assistance be rendered by any person or
entity acting for or on behalf of parties to a transfer of real
property.
(e) The board or assessors may inspect any and all records and
documents of a corporation, partnership, limited liability company,
or legal entity to ascertain whether a change in control or a
change in ownership as defined in subdivision (c) of Section 64
has occurred. The corporation, partnership, limited liability
company, or legal entity shall upon request, make those documents
available to the board during normal business hours.
SEC. 4. Section 480.2 of the Revenue
and Taxation Code , as amended by Section 3 of Chapter 708
of the Statutes of 2011, is amended to read:
480.2. (a) Whenever there is a change in ownership of any
corporation, partnership, limited liability company, or other legal
entity, as defined in subdivision (d) of Section 64, a signed change
in ownership statement as provided in subdivision (b) shall be filed
by the corporation, partnership, limited liability company, or other
legal entity with the board at its office in Sacramento within 90
days from the date of the change in ownership of the corporation,
partnership, limited liability company, or other legal entity. The
statement shall list all counties in which the corporation,
partnership, limited liability company, or legal entity owns real
property.
(b) The change in ownership
statement required pursuant to subdivision (a) shall be declared to
be true and under penalty of perjury and shall
give such information relative to the ownership interest acquisition
transaction as the board shall prescribe after consultation with the
California Assessors' Association. The information shall include, but
not be limited to, a description of the property owned by the
corporation, partnership, limited liability company, or other legal
entity, the parties to the transaction, the date of the ownership
interest acquisition, and a listing of the "original coowners" of the
corporation, partnership, limited liability company, or other legal
entity prior to the transaction. The change in ownership statement
shall not include any question which is not germane to the assessment
function. The statement shall contain a notice that is printed, with
the title in at least 12-point boldface type and the body in at
least 8-point boldface type, in the following form:
"Important Notice"
"The law requires any corporation, partnership, limited liability
company, or other legal entity owning real property in California
subject to local property taxation and transferring shares or other
ownership interest in such legal entity which constitute a change in
ownership pursuant to subdivision (d) of Section 64 of the Revenue
and Taxation Code to complete and file a change in ownership
statement with the State Board of Equalization at its office in
Sacramento. The change in ownership statement must be filed within 90
days from the date that shares or other ownership interests
representing cumulatively more than 50 percent of the total control
or ownership interests in the entity are transferred by any of the
original coowners in one or more transactions. The law further
requires that a change in ownership statement be completed and filed
whenever a written request is made therefor by the State Board of
Equalization, regardless of whether a change in ownership of the
legal entity has occurred. The failure to file a change in ownership
statement within 90 days from the earlier of the date of the change
in ownership of the corporation, partnership, limited liability
company, or other legal entity, or the date of a written request by
the State Board of Equalization, results in a penalty of
10 20 percent of the taxes applicable
to the new base year value reflecting the change in ownership of the
real property owned by the corporation, partnership, limited
liability company, or legal entity (or 10 20
percent of the current year's taxes on that real property if no
change in ownership occurred). This penalty will be added to the
assessment roll and shall be collected like any other delinquent
property taxes, and be subject to the same penalties for nonpayment."
(c) In the case of a corporation, the change in ownership
statement shall be signed either by an officer of the corporation or
an employee or agent who has been designated in writing by the board
of directors to sign such statements on behalf of the corporation. In
the case of a partnership, limited liability company, or other legal
entity, the statement shall be signed by an officer, partner,
manager, or an employee or agent who has been designated in writing
by the partnership, limited liability company, or legal entity.
(d) No person or entity acting for or on behalf of the parties to
a transfer of real property shall incur liability for the
consequences of assistance rendered to the transferee in preparation
of any change in ownership statement, and no action may be brought or
maintained against any person or entity as a result of that
assistance.
Nothing in this section shall create a duty, either directly or by
implication, that such assistance be rendered by any person or
entity acting for or on behalf of parties to a transfer of real
property.
(e) The board or assessors may inspect any and all records and
documents of a corporation, partnership, limited liability company,
or legal entity to ascertain whether a change in ownership as defined
in subdivision (d) of Section 64 has occurred. The corporation,
partnership, limited liability company, or legal entity shall upon
request, make those documents available to the board during normal
business hours.
SEC. 5. Section 480.9 is added to the Revenue and Taxation Code,
to read:
480.9. The board shall notify assessors when a change in
ownership described in subparagraph (B) of paragraph (1) of
subdivision (c) of Section 64 has occurred.
SEC. 6. Section 482 of the Revenue and Taxation
Code is amended to read:
482. (a) If a person or legal entity required to file a statement
described in Section 480 fails to do so within 45 days from the date
of a written request by the assessor, a penalty of either: (1) one
hundred dollars ($100), or (2) 10 percent of the taxes applicable to
the new base year value reflecting the change in ownership of the
real property or manufactured home, whichever is greater, but not to
exceed two thousand five hundred dollars ($2,500) if the failure to
file was not willful, shall, except as otherwise provided in this
section, be added to the assessment made on the roll. The penalty
shall apply for failure to file a complete change in ownership
statement notwithstanding the fact that the assessor determines that
no change in ownership has occurred as defined in Chapter 2
(commencing with Section 60) of Part 0.5. 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 45 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 20
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 20 percent
of the current year's taxes on that property if no change in control
or change in ownership occurred, shall be added to the assessment
made on the roll. The penalty shall apply for failure to file a
complete statement notwithstanding the fact that the board determines
that no change in control or change in ownership has occurred as
defined in subdivision (c) or (d) of Section 64. 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. That penalty shall be in lieu of the penalty
provisions of subdivision (a).
(c) The penalty for failure to file a timely statement pursuant to
Sections 480, 480.1, and 480.2 for any one transfer may be imposed
only one time, even though the assessor may initiate a request as
often as he or she deems necessary.
(d) The penalty shall be added to the roll in the same manner as a
special assessment and treated, collected, and subject to the same
penalties for the delinquency as all other taxes on the roll in which
it is entered.
(1) When the transfer to be reported under this section is of a
portion of a property or parcel appearing on the roll during the
fiscal year in which the 45-day period expires, the current year's
taxes shall be prorated so the penalty will be computed on the
proportion of property which has transferred.
(2) Any penalty added to the roll pursuant to this section between
January 1 and June 30 may be entered either on the unsecured roll or
the roll being prepared. After January 1, the penalty may be added
to the current roll only with the approval of the tax collector.
(3) If the property is transferred or conveyed to a bona fide
purchaser for value or becomes subject to a lien of a bona fide
encumbrancer for value after the transfer of ownership resulting in
the imposition of the penalty and before the enrollment of the
penalty, the penalty shall be entered on the unsecured roll in the
name of the transferee whose failure to file the change in ownership
statement resulted in the imposition of the penalty.
(e) When a penalty imposed pursuant to this section is entered on
the unsecured roll, the tax collector may immediately file a
certificate authorized by Section 2191.3.
(f) Notice of any penalty added to either the secured or unsecured
roll pursuant to this section 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.
SEC. 6. Section 482 of the Revenue and
Taxation Code , as amended by Section 4 of Chapter 708 of
the Statutes of 2011, is amended to read:
482. (a) (1) If a person or legal entity required to file a
statement described in Section 480 fails to do so within 90 days from
the date a written request is mailed by the assessor, a penalty of
either: (A) one hundred dollars ($100), or (B) 10 percent of the
taxes applicable to the new base year value reflecting the change in
ownership of the real property or manufactured home, whichever is
greater, but not to exceed five thousand dollars ($5,000) if the
property is eligible for the homeowners' exemption or twenty thousand
dollars ($20,000) if the property is not eligible for the homeowners'
exemption if the failure to file was not willful, shall, except as
otherwise provided in this section, be added to the assessment made
on the roll. The penalty shall apply for failure to file a complete
change in ownership statement notwithstanding the fact that the
assessor determines that no change in ownership has occurred as
defined in Chapter 2 (commencing with Section 60) of Part 0.5. 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.
(2) The assessor shall mail the written request specified in
paragraph (1) to the mailing address of the transferee as provided by
subdivision (f).
(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 20 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 20
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 as defined in subdivision
(c) or (d) of Section 64. 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 that second request to
complete the statement. That penalty shall be in lieu of the penalty
provisions of subdivision (a).
(c) The penalty for failure to file a timely statement pursuant to
Sections 480, 480.1, and 480.2 for any one transfer may be imposed
only one time, even though the assessor may initiate a request as
often as he or she deems necessary.
(d) The penalty shall be added to the roll in the same manner as a
special assessment and treated, collected, and subject to the same
penalties for the delinquency as all other taxes on the roll in which
it is entered.
(1) When the transfer to be reported under this section is of a
portion of a property or parcel appearing on the roll during the
fiscal year in which the 90-day period expires, the current year's
taxes shall be prorated so the penalty will be computed on the
proportion of property which has transferred.
(2) Any penalty added to the roll pursuant to this section between
January 1 and June 30 may be entered either on the unsecured roll or
the roll being prepared. After January 1, the penalty may be added
to the current roll only with the approval of the tax collector.
(3) If the property is transferred or conveyed to a bona fide
purchaser for value or becomes subject to a lien of a bona fide
encumbrancer for value after the transfer of ownership resulting in
the imposition of the penalty and before the enrollment of the
penalty, the penalty shall be entered on the unsecured roll in the
name of the transferee whose failure to file the change in ownership
statement resulted in the imposition of the penalty.
(e) When a penalty imposed pursuant to this section is entered on
the unsecured roll, the tax collector may immediately file a
certificate authorized by Section 2191.3.
(f) Notice of any penalty added to either the secured or unsecured
roll pursuant to this section, which shall identify the parcel or
parcels for which the penalty is assessed, and the written request to
file a statement specified in subdivision (a), which shall identify
the real property or manufactured home for which the statement is
required to be filed, 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 the address specified for mailing tax
information contained in the preliminary change in ownership report.
If the transferee has subsequently notified the assessor of a change
in address for mailing tax information, the assessor shall mail the
notice of any penalty, or the written request to file a statement
specified in subdivision (a), to this address. If there is no address
specified for mailing tax information on either the recorded
instrument, the document evidencing a transfer of an interest in real
property or manufactured home, or on the filed preliminary change in
ownership report, and the transferee has not provided an address for
purposes of mailing tax information, the assessor shall mail the
notice of any penalty, or the written request to file a statement
specified in subdivision (a), to the transferee at any address
reasonably known to the assessor.
SEC. 7. Section 486 is added to the Revenue and Taxation Code, to
read:
486. (a) Whenever there occurs any change in the ownership
interests, including a leasehold interest, of a legal entity holding
an interest in real property in this state, whether by merger,
acquisition, private equity buyout, transfer of partnership shares,
large stock transfer subject to the filing requirements of the United
States Securities and Exchange Commission, or any other means by
which a legal entity or person acquires an ownership interest of
another legal entity, the person or legal entity acquiring the
ownership interests shall report to the board the change in the
ownership interests, in the form and manner as specified by the
board, within 90 days of the date of the change in the ownership
interests.
(b) For purposes of this section, "legal entity" and "ownership
interests" have the same meaning as defined in Section 64.
(c) It is the intent of the Legislature to enact legislation to
impose a penalty for failure to report changes in ownership interests
as required by subdivision (a).
SEC. 8. Section 486.5 is added to the Revenue and Taxation Code,
to read:
486.5. (a) Whenever there occurs any transfer between an
individual or individuals and a legal entity or between legal
entities as described in paragraph (2) of subdivision (a) of Section
62, the legal entity shall report any subsequent changes in the
ownership interests of the legal entity to the county assessor, in
the form and manner as specified by the county assessor, within 90
days of the date of the change in the ownership interests.
(b) For purposes of this section, "legal entity" and "ownership
interests" have the same meanings as defined in Section 64.
(c) It is the intent of the Legislature to enact legislation to
impose a penalty for failure to report changes in ownership interests
as required by subdivision (a).
SEC. 9. Section 488 is added to the Revenue and Taxation Code, to
read:
488. (a) Whenever there occurs a change of an ownership interest
in a legal entity holding an interest in real property in this state,
a deed shall be recorded with the county recorder by the owner of
the real property, even if the owner of the real property does not
change.
(b) For purposes of this section, "legal entity" and "ownership
interest" have the same meanings as defined in Section 64.
SEC. 10. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution for
certain costs that may be incurred by a local agency or school
district because, in that regard, this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.
However, if the Commission on State Mandates determines that this
act contains other costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division 4 of
Title 2 of the Government Code.
SEC. 11. This act provides for a tax levy within the meaning of
Article IV of the Constitution and shall go into immediate effect.
