BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 384
                                                                  Page  1

          Date of Hearing:   January 11, 2010

                     ASSEMBLY COMMITTEE ON REVENUE AND TAXATION
                             Charles M. Calderon, Chair

                      AB 384 (Ma) - As Amended:  January 4, 2010
           
           Majority vote.  Fiscal committee.

           SUBJECT  :  Property taxation:  certificated aircraft assessment. 

           SUMMARY  :  Extends the Centralized Fleet Calculation Program for  
          statewide assessment of certificated aircraft for property tax  
          purposes until the 2015-16 fiscal year (FY).  Specifically,  this  
          bill  : 

          1)Extends, until the 2015-16 FY, the application of the current  
            assessment methodology for determining the fair market value  
            of certificated aircraft owned by commercial air carriers for  
            property tax purposes. 

          2)Extends, until December 31, 2015, the application of the  
            following provisions of law that otherwise are scheduled to  
            sunset on December 31, 2010:

             a)   Revenue and Taxation Code (RT&C) Section 441 that  
               requires a commercial air carrier to file one annual  
               property statement with a designated "lead" county; and, 

             b)   RT&C Section 1153.5 that establishes the procedure for  
               selecting a lead county to calculate an airline's fleet  
               value and a coordinated multi-county audit team to perform  
               mandatory audits of commercial air carriers. 

          3)Specifies that it is "rebuttably" presumed that the  
            pre-allocated fair market value of certified aircraft is the  
            amount determined under the provided formula and, thus, allows  
            either the assessor or the taxpayer to challenge that amount  
            before an assessment appeals board.            

          4)Imposes a state-mandated local program and provides that, if  
            the Commission on State Mandates determines that this bill  
            contains costs mandated by the state, reimbursement for those  
            costs will be made as required by the statute. 









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           EXISTING LAW:

           1)Provides that all property is taxable unless explicitly  
            exempted by the California Constitution or federal law.   
            Limits ad valorem taxes on real property to 1% of the full  
            cash value of that property as set forth in the California  
            Constitution.  

          2)Requires that real and personal property be taxed at the same  
            rate (Section 2 of Article XIII of the California  
            Constitution).  However, personal property, which generally is  
            defined as property other than real property, is subject to  
            property tax of 1% of the assessed value of the taxable  
            personal property.  Thus, the property tax applicable to  
            personal property is calculated based on the market value of  
            that property, rather than its "full cash value."  

          3)Requires each county to impose an ad valorem property tax rate  
            of 1% of the assessed value of the taxable property located in  
            that county, including any taxable certificated aircraft  
            within the county.  Typically, certificated aircraft are  
            commercial aircraft operated by air carriers for passenger and  
            freight service, while general aircraft are typically  
            privately owned aircraft.  General aircraft are assessed on an  
            aircraft-by-aircraft basis and an assessment is made only in a  
            single county where the aircraft is habitually situated.  
            Certificated aircraft are valued for purposes of property  
            taxation under a "fleet" concept, which means that the basis  
            of the assessed value is not the value of any single aircraft  
            owned by an air carrier, but the value of  all  aircraft of each  
            particular fleet type that is flown into California.  Types  
            are grouped by make and model.  Because certificated aircraft  
            are movable, they are often located in more than one county  
            during an assessment year, and assessments are made for each  
            county in which the aircraft in the fleet land to reflect  
            actual presence in California. 

          4)Prescribes a centralized assessment methodology for valuing  
            certificated aircraft for FYs 2005-06 through 2010-11.  Also,  
            until January 1, 2011, allows a commercial air carrier to file  
            a single, consolidated property statement with a designated  
            "lead" county for all certificated aircraft that has acquired  
            a tax situs in California.  The centralized assessment  
            methodology is based on a formula to be used by the "lead"  
            county in determining the preallocated fair market value of  








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            each make, model, and series of mainline jets, production  
            freighters, converted freighters, and regional aircraft with a  
            tax situs within California for property tax purposes.  The  
            preallocated value is the lesser of:

             a)   The historical cost basis, as specified; or,

             b)   The value referenced in the "Airline Price Guide," a  
               commercially-prepared value guide for aircraft, as  
               adjusted.  

            Once the "lead" county calculates the preallocated value of  
            the aircraft, the information is transmitted to all other  
            counties within which the airline has acquired a tax nexus.   
            Each individual county then determines its allocated portion  
            of the fleet based on the flight data for that particular  
            county.  R&TC Section 1152 provides an allocation formula to  
            determine the frequency and the amount of time that an air  
            carrier's aircraft makes contact and maintains situs within a  
            county.  An allocation ratio is the sum of two factors: 

             a)   A ground and flight time factor; and,

             b)   An arrivals-and-departures factor.  [Property Tax Rule  
               202 (c)].  

            The allocation ratio is applied to the full cash value of a  
            fleet of a particular type of aircraft operated by an air  
            carrier.  The sum of the assessed allocated values for each  
            make and model used by an air carrier results in the total  
            assessed value of the aircraft for that air carrier for a  
            particular county. 

            The lead county is also required to transmit the property  
            statement related to an airport location to the situs county,  
            and each county is responsible for valuing personal property  
            and fixtures at its particular airport locations. 

          5)Requires assessors to audit once every four years the personal  
            property holdings of any property owner with an assessed value  
            of more than $400,000.  (RT&C Section 469).  Until December  
            31, 2010, allows an audit team comprised of staff from one to  
            three counties to perform a mandatory audit of a commercial  
            air carrier.  The work performed by the audit team is deemed  
            to have been made on behalf of each county for which a  








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            mandatory audit would otherwise be required under RT&C Section  
            469.  

          6)Defines the term "certificated aircraft" as "aircraft operated  
            by an air carrier or foreign air carrier engaged in air  
            transportation, as defined in subdivisions (3), (5), (10), and  
            (19) of Section 101 of Title of the "Federal Aviation Act of  
            1958" (P.L. 85-726; 72 Stat. 731), while there is in force a  
            certificate or permit issued by the Civil Aeronautics Board of  
            the United States, or its successor, or a certificate or  
            permit issued by the California Public Utilities Commission,  
            or its successor, authorizing such air carrier to engage in  
            such transportation." (RT&C Section 1150).  Also defines  
            "converted freighter", "mainline jet", "production freighter",  
            and "regional aircraft".

          7)Provides that the existing valuation methodology for  
            certificated aircraft applies for FYs 2005-06 through 2010-11,  
            and is repealed as of December 31, 2010. 

           FISCAL EFFECT :  Unknown, but probably, this bill will have no  
          revenue impact since the existing valuation methodology is a  
          reasonable method for determining fair market value of  
          certificated aircraft and this bill simply extends the  
          application of this methodology. 

           Proposition 98 Fiscal Effect  :  None.

           COMMENTS  :   

          1)According to the author, "AB 384 is needed to ensure that  
            administrative efficiencies created by AB 964 continue for  
            both the airlines and assessors.  AB 964 created a fair and  
            equitable statewide valuation of certificated aircrafts.  The  
            Centralized Fleet Calculation Program has allowed assessors to  
            carry out their mandated responsibility to fairly assess  
            taxable property in an efficient manner."

          2)The sponsor of this bill, California Assessors' Association,  
            argues that the existing Centralized Fleet Calculation  
            Program, which was established by AB 964 (Horton) in 2005, has  
            been a success.  The program "has allowed assessors to carry  
            out their mandated responsibility to fairly assess all taxable  
            property within their jurisdiction in an efficient manner"  
            while streamlining the property tax process for commercial  








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            airlines.  The sponsor also states that the "total annual cost  
            savings statewide for assessors with centralized valuation and  
            audit and the avoidance of assessment appeals is estimated at  
            over $3.4 million." 

          3)The proponents state that the existing Centralized Fleet  
            Calculation Program provides an equitable and consistent  
            formula in valuing aircraft and allows airlines to plan  
            accordingly for the next five years.  The proponents also  
            emphasize the importance of the current practice of  
            designating one lead county and allowing airlines to file only  
            one property tax return with that county. 

          4)Committee staff notes all of the following:

              a)   Background.   Prior to 1999, no specific assessment  
               methodology procedure for valuing certificated aircraft or  
               for valuing the carrier's possessory interest in the  
               publicly owned airport existed in California.  In 1998, a  
               group of counties and airline industry representatives  
               entered into a written settlement agreement to dispose of  
               outstanding litigation and appeals over the valuation of  
               possessory interest assessments in airports and the  
               valuation of certificated aircraft.  The settlement  
               agreement created a new assessment methodology for valuing  
               aircraft that applied to 1998-99 FY to 2002-03 FY and was  
               codified in a three-piece legislative package [AB 1807  
               (Takasugi), Chapter 86, Statutes of 1998, AB 2318 (Knox),  
               Chapter 85, Statutes of 1998, and SB 30 (Kopp), Chapter 87,  
               Statutes of 1998].   

              b)   The 2005 Settlement Agreement.   In 2005, the  
               representatives of the airline industry and a county  
               assessors working group, jointly, refined that valuation  
               methodology, recognizing the need to distinguish between  
               different types of aircraft and to detail the specific  
               calculation of the variable components that were previously  
               lacking.  For instance, with respect to calculating the  
               historical cost basis of the aircraft, each variable  
               component is specified: 

               i)     Acquisition cost;

               ii)    Price index;









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               iii)   Percent good factor; and,

               iv)    Economic obsolescence is all taken into account.  

               With respect to APG, a "blue book" value guide for  
               aircraft, the use of values referenced in that guide is  
               delineated, recognizing that airlines, generally, receive a  
               fleet discount that is not reflected in prices listed in  
               the guide.  The 2005 revisions to the valuation methodology  
               of certificated aircraft were codified by AB 964 (Horton),  
               Chapter 699, Statutes of 2005, (hereafter 'AB 964').   
               However, AB 964 specified that the revised formula for  
               determining the fair market value of certificated aircraft  
               of a commercial air carrier only applies for FYs 2005-06 to  
               2010-11.  AB 964 also included repeal dates for the  
               provisions prescribing the procedures for designating a  
               lead county assessor's office for each commercial air  
               carrier operating certificated aircraft in California,  
               allowing a commercial air carrier to file one property  
               statement with the lead county, and permitting an audit of  
               those carriers on a centralized basis.  Under existing law,  
               those provisions are set to expire on January 1, 2011. 

              c)   Certainty and Predictability of the Existing Assessment  
               Methodology  .  Prior to 1998, the valuation of aircraft had  
               been contentious and challenging for both county assessors  
               and commercial air carriers but the codified valuation  
               methodology has reduced those conflicts.  The existing  
               centralized assessment of certificated aircraft provides  
               certainty and predictability for both assessors and  
               airlines.  Further, the current procedure of designating a  
               lead county assessor's office to calculate the preallocated  
               fleet value ensures that airlines report the same  
               information to every county, resulting in a uniform  
               statewide assessment.  Absent a codified methodology, there  
               is no guarantee that the values determined by each  
               individual county assessor would be the same, since  
               property appraisal is subjective and opinions of value  
               differ.  Finally, the centralized assessment of aircraft  
               greatly reduces administrative costs for both parties.  As  
               reported by the author, if the existing centralized  
               valuation methodology and the centralized audit program are  
               not extended, 236 additional fleet calculations and 390  
               additional statewide mandatory audits would be required,  
               resulting in an annual cost of approximately $1.3 million,  








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               and $1.8 million, respectively.  Unless the existing  
               methodology for valuing aircraft is extended, both the  
               assessors and airlines will have to deal with multiple tax  
               returns reporting the same information, multiple audits and  
               multiple county assessment appeals.  

              d)   The presumption of value  .  The assessment of  
               certificated aircraft is a difficult and complex task.  As  
               such, the potential for litigation and assessment appeals  
               is significant.  According to the author, often the best  
               solution is for the Legislature to establish a recommended  
               valuation methodology to arrive at a fair market value for  
               a particular type of property, in this case, certificated  
               aircraft.  It is presumed by both the assessor and taxpayer  
               that the methodology will result in a fair and reasonable  
               assessment.  However, since appraisal is not an exact  
               science, there may be instances where one of the parties  
               believes, and has clear evidence, that the assessment  
               resulting from the prescribed methodology is wrong.  In  
               these instances, the issue is usually settled by an  
               assessment appeals board.  This bill allows taxpayers and  
               assessors to appeal a value established by following a  
               legally prescribed methodology.  The practical result of  
               "rebuttably presumed" language is that it clearly  
               recognizes that an assessment appeals board has the  
               discretion to set a fair market value where the facts  
               presented clearly overcome the presumption of correctness  
               in any given methodology.

              e)   Related Legislation  . 

             AB 311 (Ma), introduced in the 2009 legislative session, was  
               almost identical to this bill.  AB 311 would have extended  
               the Centralized Fleet Calculation Program for statewide  
               assessment of certificated aircraft for property tax  
               purposes until the 2014-15 FY.  It did not contain the  
               "rebuttable presumption" language.  The Governor vetoed AB  
               311, stating that:

               "This bill is intended to represent the continuation of an  
          important tax assessment 
               methodology that was agreed to by all the major airlines in  
          2005.  The original                                          
          methodology brought consistency and greater efficiency to the  
          assessment of certificated 








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               aircraft.  However, this bill makes changes that do not  
          reflect consensus.  Since the existing methodology does not end  
          until December 31, 2010, I would encourage the 
               author and stakeholders to reach that consensus and send me  
          legislation to that effect."

           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          American Airlines
          United Airlines
          California Assessors' Association (sponsor)

           Opposition 
           
          None on file

           Analysis Prepared by  :  Oksana Jaffe / REV. & TAX. / (916)  
          319-2098