BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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          |SENATE RULES COMMITTEE            |                   SB 816|
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                                 THIRD READING


          Bill No:  SB 816
          Author:   Ducheny (D)
          Amended:  4/28/09
          Vote:     21

           
           SENATE REVENUE & TAXATION COMMITTEE  :  7-1, 4/22/09
          AYES:  Wolk, Alquist, Ashburn, Florez, Padilla, Runner,  
            Wiggins
          NOES:  Walters

           SENATE APPROPRIATIONS COMMITTEE  :  Senate Rule 28.8 


           SUBJECT  :    Property taxation

           SOURCE  :     Author


           DIGEST  :    This bill makes changes in the Documentary  
          Transfer Tax law relative to:  (1) city ordinances, (2)  
          assessor records, and (3) change of ownership statements.

           ANALYSIS  :    Existing law (California Constitution, Article  
          XIIIA, Section 4) prohibits transaction taxes or sales  
          taxes on transfers of real property; however, the Revenue  
          and Taxation Code authorizes counties to approve an  
          ordinance to impose a documentary transfer tax (DTT), which  
          applies to deeds of transfer of realty within that  
          jurisdiction and is based on the value of the transfer.  In  
          counties, the rate is fifty-five cents ($0.55) for each  
          five hundred dollars ($500) of value.  All of California's  
          58 counties apply the tax, which is modeled after the  
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          repealed Federal Documentary Stamp Tax.

          Existing law also allows cities to enact ordinances to  
          impose a DTT:

          1.Noncharter cities within a County that impose a DTT may  
            apply its tax at half of the rate of the county and  
            applies as a credit against the county rate.

          2.Charter cities may impose a DTT at a higher rate under  
            the municipal affairs doctrine in the California  
            Constitution (Article XI, Section 5).  If they do so at a  
            higher rate than the non-charter rate, then the city DTT  
            does not serve as a credit against the county tax.  

          Existing law provides several exemptions to the tax,  
          including when any public agency acquires land, land  
          acquired as a result of a plan of reorganization or  
          adjustment such as bankruptcy, and certain transfers in  
          lieu of foreclosure, among others.

          This bill allows DTT ordinances to include an  
          administrative appeal process to resolve disputes.  The  
          measure additionally states that the when this  
          administrative process or a court of law fixes the value of  
          the property for purposes of applying the DTT, that  
          determination does not bind the value for property tax  
          purposes.

          Existing law provides that any information and records in  
          the Assessor's office are not public documents and shall  
          not be open to public inspection, unless specifically  
          exempted by law.  Exemptions include information for law  
          enforcement agencies, county grand jury, or the Board of  
          Supervisors.

          This bill requires the Assessor to disclose information,  
          furnish abstracts, and permit access to all records to the  
          County Recorder when conducting an investigation to  
          determine whether the documentary transfer tax is imposed.

          Existing law requires the person acquiring ownership or  
          control of a corporation, partnership, limited liability  
          company, or other legal entity to submit a change in  







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          ownership statement to the Board of Equalization (BOE),  
          signed under penalty of perjury, listing all the counties  
          in which the firm operates.  If the person fails to file  
          the statement within 45 days of a written request from the  
          BOE, a penalty applies of 10 percent of the taxes  
          applicable to the new base year reflecting the change in  
          ownership or control.  However, the penalty is extinguished  
          if the person files a change in ownership statement within  
          60 days of BOE notification of the penalty.

          This bill instead provides that the penalty applies if the  
          person acquiring the corporation, partnership, limited  
          liability company, or other legal entity does not file the  
          change of ownership statement within the earlier of 45 days  
          from the BOE request or 45 days from the date in change of  
          control or ownership.  The bill changes two sections of  
          law, the first which applies to changes in control of a  
          firm, the second which applies to changes in ownership.   
          This bill also deletes the provision requiring the penalty  
          to be extinguished if the person files the statement within  
          60 days of notification of the penalty.

          According to the author's office, "SB 816 requires that the  
          existing 10 percent penalty be applied on taxes due for the  
          year when a new business owner fails to file a change in  
          ownership statement with the BOE within 45 days of a change  
          of ownership or control. Under current law, the penalty is  
          only applied after a written request for filing is sent  
          from the BOE.  This has resulted in multi-year delays in  
          reassessments of business properties and losses of hundreds  
          of millions in taxes to State and Local Governments."

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  Yes

           SUPPORT  :   (Verified  5/11/09)

          California Assessors' Association
          Los Angeles County



          DLW:nl  5/11/09   Senate Floor Analyses 








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                         SUPPORT/OPPOSITION:  SEE ABOVE

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