BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 2492
                                                                  Page  1

          Date of Hearing:   May 28, 2010

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Felipe Fuentes, Chair

                    AB 2492 (Ammiano) - As Amended:  May 18, 2010 

          Policy Committee:                              Revenue and  
          Taxation     Vote:                            6-3

          Urgency:     No                   State Mandated Local Program:  
          No     Reimbursable:              

           SUMMARY  

          This bill provides for a "change-of-ownership" reassessment of  
          property taxes when 100% of the ownership interest in a  
          corporation, limited liability company (LLC), partnership, or  
          other legal entity holding the property is sold or transferred  
          in a single transaction or in multiple transactions occurring  
          over a period of up to three-years. Specifically, the bill:
           
          1)States that a "sale or transfer" of ownership interest in a  
            legal entity includes, among other things, a merger,  
            acquisition, private equity buyout, or transfer of partnership  
            shares in a business.

          2)Applies to sales or transfers between legal entities or  
            between legal entities and individuals, but does not apply to  
            transfers of ownership interests in legal entities between  
            parents and their children, or grandparents and their  
            grandchildren.

          3)Defines the phrase "ownership interests" as corporate voting  
            stock, partnership capital and profits interests, limited  
            liability company membership interests, and other ownership  
            interests in legal entities. 

          4)Increases, from 10% to 20% of property taxes owed, the current  
            penalty for failing to file a change in ownership statement  
            with the Board of Equalization.
           
           FISCAL EFFECT
           
          1)BOE estimates that the bill would result in  








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            change-of-ownership related increases in property taxes  
            assessments totaling $21 million per year. Over time the  
            effects would be cumulative, potentially increasing property  
            tax collections by the low hundreds of millions of dollars per  
            year.

          2)About 40% of added property tax revenues would be allocated to  
            school districts. Under Proposition 98, increased local  
            revenues to schools translates into a corresponding reduction  
            on GF spending for this purpose. 

           COMMENTS
           
           1)Background  . Under Proposition 13, real property (land and  
            buildings) is subject to taxation at a general rate of 1% of  
            its acquisition value, as adjusted for the lesser of inflation  
            or 2% per year. The property is reassessed to market value  
            when a "change in ownership" occurs. Improvements, such as  
            additions or alterations, are assessed at market value in the  
            year in which they are completed, and are subject to the 2%  
            limitation in subsequent years. 

            The definition of "change of ownership was not included in  
            Proposition 13, but rather was left to implementing  
            legislation. Determining a change-of-ownership is a relatively  
            straightforward matter for properties that are owned by  
            individuals - it occurs when legal title to the property  
            passes from one person to another. However, it becomes more  
            complex when the property is owned by a legal entity - such as  
            a corporation, partnership, an LLC, or a trust - which itself  
            is sold to another legal entity.
             
            Following passage of Proposition 13, a task force developed to  
            recommend implementing legislation considered the option of  
            providing for reassessment whenever changes in the control of  
            the legal entities took place. However that approach was  
            ultimately rejected due to administrative burden imposed on  
            county assessors, and instead, legislation was passed that  
            limited change of ownership to when one person or entity  
            acquires more than 50% of the ownership interest of the  
            property. 

            A concern that has arisen relating to this change of ownership  
            standard is that a sale or transfer of controlling interests  
            can be legally structured so that no one entity acquires more  








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            than 50% interest in the legal entity - thereby avoiding the  
            reassessment. Proponents of this bill point to several large  
            transactions that have resulted in a 100% change in ownership  
            interest, but no reassessment of property taxes because no one  
            party controls more than 50% of the transferred property.

           2)Purpose  . The bill is intended to close the legal loophole  
            created by the current 50% controlling interest standard by  
            requiring a reassessment when 100% of ownership interest  
            changes hands in a single transaction or series of  
            transactions - regardless of whether any one person owns more  
            than 50% legal entity acquiring the property. The author  
            states that, "the current system allows billions of dollars of  
            valuable business property to be vastly under assessed,  
            creates great differences in taxes paid among property owners,  
            resulting in inadequate funding of local governments, schools  
            and infrastructure projects."

           3)Opponents  (California Chamber of Commerce, CalTax, and various  
            other business groups) assert that the bill removes  
            Proposition 13 protection from business property owners, that  
            the measure, like other "split role" proposals are based on a  
            faulty assumption that there has been a shift in tax  
            businesses to homeowners, and that the increase in the  
            property taxes paid by the affected entities will result in  
            higher prices for goods and services and have other negative  
            impacts on the economy.

           Analysis Prepared by  :    Brad Williams / APPR. / (916) 319-2081