Bill Text: CA AB657 | 2015-2016 | Regular Session | Amended
Bill Title: Property taxation: change in ownership reporting.
Sponsorship: Partisan Bill (Republican 1)
Status: (Failed) 2016-02-01 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB657 Detail]
Download: California-2015-AB657-Amended.html
BILL NUMBER: AB 657 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JANUARY 4, 2016
INTRODUCED BY Assembly Member Achadjian
FEBRUARY 24, 2015
An act to amend Section 480 of the Revenue and Taxation Code,
relating to taxation.
LEGISLATIVE COUNSEL'S DIGEST
AB 657, as amended, Achadjian. Property taxation: change in
ownership reporting.
Existing property tax law requires, when there is a change in
ownership of real property or of property,
a manufactured home home, or a floating
home that is subject to local property taxation and is
assessed by the county assessor, a change in ownership statement to
be filed filed, under penalty of perjury,
in the county where the real property or
property, manufactured home home,
or floating home is located, as provided. Existing law, in the
case of probate, requires the personal representative to file a
change in ownership statement with the county recorder or assessor in
each county in which the decedent owned real property at the time of
death that is subject to probate proceedings. Existing law requires
that statement to be filed before or at the time the inventory and
appraisal is filed with the court clerk.
This bill instead, in the case of probate, would require the
statement to be filed within 150 days after the date of
death. 4 months after the date letters
testamentary or letters of administration are first issued to a
personal representative with general powers.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 480 of the Revenue
and Taxation Code , as amended by Section 6 of Chapter 454
of the Statutes of 2015, is amended to read:
480. (a) Whenever there occurs any change in ownership of real
property, a manufactured home, or a floating home that is subject to
local property taxation and is assessed by the county assessor, the
transferee shall file a signed change in ownership statement in the
county where the real property, manufactured home, or floating home
is located, as provided for in subdivision (c). In the case of a
change in ownership where the transferee is not locally assessed, no
change in ownership statement is required.
(b) The personal representative shall file a change in ownership
statement with the county recorder or assessor in each county in
which the decedent owned real property at the time of death that is
subject to probate proceedings. The statement shall be filed
prior to or at the time the inventory and appraisal is filed with
the court clerk. within four months after the date
letters testamentary or letters of administration are first issued to
a personal representative with general powers. In all other
cases in which an interest in real property is transferred by reason
of death, including a transfer through the medium of a trust, the
change in ownership statement or statements shall be filed by the
trustee (if the property was held in trust) or the transferee with
the county recorder or assessor in each county in which the decedent
owned an interest in real property within 150 days after the date of
death.
(c) Except as provided in subdivision (d), the change in ownership
statement as required pursuant to subdivision (a) shall be declared
to be true under penalty of perjury and shall give that information
relative to the real property, manufactured home, or floating home
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, the parties to the transaction, the date of
acquisition, the amount, if any, of the consideration paid for the
property, whether paid in money or otherwise, and the terms of the
transaction. The change in ownership statement shall not include any
question that is not germane to the assessment function. The
statement shall contain a notice informing the transferee of the
property tax relief available under Section 69.5. 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" Notice
"The The law requires any transferee
acquiring an interest in real property, manufactured home, or
floating home subject to local property taxation, and that is
assessed by the county assessor, to file a change in ownership
statement with the county recorder or assessor. The change in
ownership statement must be filed at the time of recording or, if the
transfer is not recorded, within 90 days of the date of the change
in ownership, except that where the change in ownership has occurred
by reason of death the statement shall be filed within 150 days after
the date of death or, if the estate is probated, shall be
filed at the time the inventory and appraisal is filed.
within four months after the date letters testamentary or
letters of administration are first issued to a personal
representative with general powers. The failure to file a
change in ownership statement within 90 days from the date a written
request is mailed by the assessor results in 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, manufactured home, or floating 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 that failure to file was not
willful. 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."
(d) The change in ownership statement may be attached to or
accompany the deed or other document evidencing a change in ownership
filed for recording, in which case the notice, declaration under
penalty of perjury, and any information contained in the deed or
other transfer document otherwise required by subdivision (c) may be
omitted.
(e) If the document evidencing a change in ownership is recorded
in the county recorder's office, then the statement shall be filed
with the recorder at the time of recordation. However, the
recordation of the deed or other document evidencing a change in
ownership shall not be denied or delayed because of the failure to
file a change of ownership statement, or filing of an incomplete
statement, in accordance with this subdivision. If the document
evidencing a change in ownership is not recorded or is recorded
without the concurrent filing of a change in ownership statement,
then the statement shall be filed with the assessor no later than 90
days from the date the change in ownership occurs, except that where
the change in ownership has occurred by reason of death the statement
shall be filed within 150 days after the date of death or, if the
estate is probated, shall be filed at the time the inventory
and appraisal is filed. within four months after the
date letters testamentary or letters of administration are first
issued to a personal representative with general powers.
(f) Whenever a change in ownership statement is filed with the
county recorder's office, the recorder shall transmit, as soon as
possible, the original statement or a true copy thereof to the
assessor along with a copy of every recorded document as required by
Section 255.7.
(g) (1) The change in ownership statement may be filed with the
assessor through the United States mail, properly addressed with the
postage prepaid.
(2) A change in ownership statement that is filed with the
assessor, as authorized by paragraph (1), shall be deemed filed on
either the date of the postmark affixed by the United States Postal
Service containing the statement or on the date certified by a bona
fide private courier service on the envelope containing the
statement.
(h) 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 those 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.
(i) 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 the assistance be rendered by any person or entity
acting for or on behalf of parties to a transfer of real property.
SECTION 1. Section 480 of the Revenue and
Taxation Code is amended to read:
480. (a) Whenever there occurs any change in ownership of real
property or of a manufactured home that is subject to local property
taxation and is assessed by the county assessor, the transferee shall
file a signed change in ownership statement in the county where the
real property or manufactured home is located, as provided for in
subdivision (c). In the case of a change in ownership where the
transferee is not locally assessed, no change in ownership statement
is required.
(b) The personal representative shall file a change in ownership
statement with the county recorder or assessor in each county in
which the decedent owned real property at the time of death that is
subject to probate proceedings. The statement shall be filed within
150 days after the date of death. In all other cases in which an
interest in real property is transferred by reason of death,
including a transfer through the medium of a trust, the change in
ownership statement or statements shall be filed by the trustee (if
the property was held in trust) or the transferee with the county
recorder or assessor in each county in which the decedent owned an
interest in real property within 150 days after the date of death.
(c) Except as provided in subdivision (d), the change in ownership
statement as required pursuant to subdivision (a) shall be declared
to be true under penalty of perjury and shall give that information
relative to the real property or manufactured home 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, the parties to the
transaction, the date of acquisition, the amount, if any, of the
consideration paid for the property, whether paid in money or
otherwise, and the terms of the transaction. The change in ownership
statement shall not include any question that is not germane to the
assessment function. The statement shall contain a notice informing
the transferee of the property tax relief available under Section
69.5. 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 transferee acquiring an interest in real
property or manufactured home subject to local property taxation, and
that is assessed by the county assessor, to file a change in
ownership statement with the county recorder or assessor. The change
in ownership statement must be filed at the time of recording or, if
the transfer is not recorded, within 90 days of the date of the
change in ownership, except that where the change in ownership has
occurred by reason of death the statement shall be filed within 150
days after the date of death. The failure to file a change in
ownership statement within 90 days from the date a written request is
mailed by the assessor results in 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 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 that
failure to file was not willful. 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."
(d) The change in ownership statement may be attached to or
accompany the deed or other document evidencing a change in ownership
filed for recording, in which case the notice, declaration under
penalty of perjury, and any information contained in the deed or
other transfer document otherwise required by subdivision (c) may be
omitted.
(e) If the document evidencing a change in ownership is recorded
in the county recorder's office, then the statement shall be filed
with the recorder at the time of recordation. However, the
recordation of the deed or other document evidencing a change in
ownership shall not be denied or delayed because of the failure to
file a change of ownership statement, or filing of an incomplete
statement, in accordance with this subdivision. If the document
evidencing a change in ownership is not recorded or is recorded
without the concurrent filing of a change in ownership statement,
then the statement shall be filed with the assessor no later than 90
days from the date the change in ownership occurs, except that where
the change in ownership has occurred by reason of death the statement
shall be filed within 150 days after the date of death.
(f) Whenever a change in ownership statement is filed with the
county recorder's office, the recorder shall transmit, as soon as
possible, the original statement or a true copy thereof to the
assessor along with a copy of every recorded document as required by
Section 255.7.
(g) (1) The change in ownership statement may be filed with the
assessor through the United States mail, properly addressed with the
postage prepaid.
(2) A change in ownership statement that is filed with the
assessor, as authorized by paragraph (1), shall be deemed filed on
either the date of the postmark affixed by the United States Postal
Service containing the statement or on the date certified by a bona
fide private courier service on the envelope containing the
statement.
(h) 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 those 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.
(i) 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 the assistance be rendered by any person or entity
acting for or on behalf of parties to a transfer of real property.
