BILL ANALYSIS                                                                                                                                                                                                    Ó






                                                                       AB 567


                                                                       Page A


          ASSEMBLY THIRD READING


          AB  
          567 (Gipson)


          As Introduced  February 24, 2015


          Majority vote


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          |Committee       |Votes|Ayes                   |Noes                |
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          |----------------+-----+-----------------------+--------------------|
          |Revenue &       |5-3  |Ting, Gipson, Roger    |Brough, Patterson,  |
          |Taxation        |     |Hernández, Mullin,     |Wagner              |
          |                |     |Quirk                  |                    |
          |                |     |                       |                    |
          |                |     |                       |                    |
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          SUMMARY:  Allows the State Board of Equalization (BOE), as well as  
          county assessors, to disclose that a person or legal entity has  
          filed a legal entity change in ownership statement with the BOE or  
          that the BOE has issued a determination to the assessor relating  
          to that statement.  Specifically, this bill:  


          1)Contains legislative findings and declarations relating to the  
            transparency of the property tax system, the right to privacy,  
            and the balance between the taxing authority's responsibility to  
            safeguard confidential taxpayer information and the public's  
            right to timely information.











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          2)Creates an exception to the confidentiality requirement for  
            information reported in a change in ownership (CIO) statement by  
            providing that:


             a)   The BOE and the assessor are not required to hold  
               information requested or furnished in a CIO statement for a  
               change in control or a change in ownership, as defined,  
               secret; and,


             b)   The disclosure by the BOE or assessor that a CIO statement  
               has been filed shall not be deemed to violate the  
               confidentiality of taxpayer return information in the case  
               where the filing of the statement was prompted by information  
               collected by the Franchise Tax Board (FTB) from the property  
               tax query on the taxpayer's state income tax return, as  
               specified.


          EXISTING LAW:  


          1)Provides that all property is taxable, unless otherwise provided  
            by the California Constitution or federal laws [California  
            Constitution Article XIII, Section 1(a)].  Limits ad valorem  
            taxes on real property to 1% of the full cash value of that  
            property [California Constitution Article XIII A, Section 1(a)  
            (Proposition 13 of 1978)].  Requires real property to be  
            reassessed to its current fair market value whenever a "change  
            in ownership" occurs.  (California Constitution, Article XIII A,  
            Section 2; Revenue and Taxation Code (R&TC) Sections 60 to 69.5)  
             


          2)Requires new owners of real property and certain legal entities  
            to submit a CIO or a change-in-control statement, either with  











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            the county recorder or assessor, at the time of recording or, if  
            the transfer is not recorded, within 90 days of the date of the  
            CIO, except as provided. 


          3)Requires certain CIO statements to be filed directly with the  
            BOE.  


          4)Imposes a penalty for failure to file any of the following  
            statements within the prescribed time period:  


             a)   A CIO statement required to be filed by a new property  
               owner for real property transfers that must be reported to  
               the local county assessor; 
             b)   A Legal Entity Ownership Program (LEOP) CIO or a  
               change-in-control statement required to be mailed by a legal  
               entity to the State Board of Equalization (BOE); or


             c)   A response to a BOE written request for a legal entity to  
               file a LEOP CIO statement or change-in-control statement.  


          5)Requires the BOE and the assessor to hold secret all information  
            furnished in the CIO statement. (R&TC Section 481). These  
            statements are not considered public documents and are not open  
            to inspection except to explicitly authorized persons for  
            certain purposes. (R&TC Sections 408, 481, and 408.2)


          6)Allows public access to certain information, including the  
            assessment roll and a quarterly updated list of all property  
            transfers occurring in the prior two years in each county.   
            (R&TC Section 601, 602, and 408.1)


          FISCAL EFFECT:  According to the BOE staff, this bill would have  











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          no direct impact on General Fund revenues. 


          COMMENTS:  


          1)Author's Statement. The author has provided the following  
            statement in support of this bill, "Transparency in assessed  
            value information is critical to the integrity of the property  
            tax system.  The public should have sufficient information to  
            provide assurance the property tax laws are equitably applied  
            and that the property tax burden is fairly distributed.  AB 567  
            will help add the kind of oversight the public has been looking  
            for regarding these types of transactions."


          2)Background:  Proposition 13 and "Change in Ownership".  The  
            property tax applies to all classes of property and is one of  
            the major general revenue sources for local governments in  
            California.  A property tax is imposed on the property owners  
            and is based on the value of the property.  Much of the law  
            pertaining to taxation of property is prescribed by the  
            California Constitution Article XIII and Article XIII A  
            (commonly known as "Proposition 13").  Proposition 13 was added  
            to the California Constitution in June 1978 and was most  
            recently amended by Proposition 26 in 2010.  Proposition 13 was  
            designed to provide real property tax relief by imposing a set  
            of interlocking limitations upon the assessment and taxing  






















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            powers of state and local governments.<1>  California  
            Constitution Article XIII A, Section 1 states that, as a general  
            rule, the maximum amount of any ad valorem tax on real property  
            may not exceed 1% of the property's full cash value, as adjusted  
            for the lesser of inflation or 2% per year.  The term "full cash  
            value" means the "county assessor's valuation of real property  
            as shown on the 1975-1976 tax bill" or, thereafter, "the  
            appraised value of real property when purchased, newly  
            constructed, or a change in ownership has occurred after the  
            1975 assessment" (emphasis added) [California Constitution  
            Article XIII A, Sections 1 and 2].  In other words, the  
            California Constitution requires that real property be  
            reassessed to its current fair market value whenever a "change  
            in ownership" occurs.  The definition of a "change in ownership"  
            was not included in Proposition 13, but was left to implementing  
            legislation.


          3)Legal Entities:  Change in Ownership:  Transfers of Real  
            Property.  Generally, county assessors discover a CIO via grant  
            deeds or other documents that are recorded with the county  
            recorder.  In addition, the county recorder must provide the  
            assessor with a copy of the transfer of ownership document as  
            soon as possible.  However, ordinarily the transfer of ownership  
            interests in a legal entity does not involve a recorded deed  
            even if a property reassessment is called for under existing  
            law.  
            The Legislature has attempted to reduce the volume of unreported  
            business property ownership transfer transactions.  The most  
            ---------------------------


          <1>


           Since any tax savings resulting from the real property tax  
          limitations provided in California Constitution Article XIII A,  
          Sections 1 and 2  could be effectively eliminated through the  
          imposition of additional state and local taxes, Sections 3 and 4  
          place additional restrictions upon the imposition of any such  
          taxes.  See Amador Valley Joint Union High Sch. Dist. v. State Bd.  
          of Equalization, (1978) 22 Cal.3d 208.  








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            significant accomplishment was the creation of the LEOP.  Under  
            this program, the BOE gathers, and subsequently disseminates, to  
            county assessors information regarding changes in control and  
            ownership of legal entities that own or lease an interest in  
            real property located in California.  That information is  
            obtained through monitoring publications, such as the Wall  
            Street Journal and Mergers and Acquisitions, and receiving  
            referrals from assessors.  Existing law also requires the FTB to  
            include a question on returns for partnerships, banks, and  
            corporations asking if the entity owns real property in  
            California and whether more than 50% of its voting stock (or  
            other interest) has been transferred to another legal entity.<2>  
             This information is shared by the FTB with the BOE.  In turn,  
            the BOE is authorized to make a written request to the legal  
            entity to file a LEOP CIO statement to determine if there has  
            been a change in control or ownership of the legal entity.  The  
            purpose of the LEOP is to assist county assessors in discovering  
            changes in control or changes in ownership that have not been  
            captured by a county's own discovery systems.  


            Similarly to the filing requirements applicable to buyers of  
            real property, a person or legal entity that acquires control of  
            another legal entity is responsible for filing a LEOP  
            change-in-ownership statement within 90 days of the event that  
            triggers a change-in-control or CIO of a legal entity, where the  
            entity or any subsidiary owned or held California real property  
            at the time of the change.  If the entity fails to self-report,  
            the BOE may send a written request to complete the LEOP CIO  
            statement, in which case the statement must be filed within 90  
            days of the BOE's written request.<3>  If a legal entity fails  
            to either self- report or answer the BOE's written request and  
            the failure is discovered later on, then an escape assessment  
            will be made for every tax year that the entity failed to file  
            the CIO statement.  There is no statute of limitations  
            ---------------------------


          <2> R&TC Section 64(e).
          <3> As explained by the BOE staff, the BOE searches for unreported  
          changes in control and ownership of legal entities under Section  
          64(c) and (d), in addition to receiving information from the FTB. 








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            applicable to these escape assessments.  The penalty for failure  
            to file is 10% of the taxes applicable to the new base-year  
            value of the real property (e.g., land, improvements, and  
            fixtures) if a change in control or CIO has occurred or 10% of  
            the current year's taxes on the real property if a change in  
            control or CIO has not occurred.  However, the penalty is  
            limited to $5,000 in the case of the property eligible for the  
            homeowners' exemption and to $20,000 in the case of other types  
            of property, provided that the failure to file was not willful. 


          6)Disclosure of Tax Information.  The State of California, as well  
            as other states, readily publishes information on unpaid taxes  
            and delinquent taxpayers with respect to property taxes.  An  
            unpaid property tax becomes a lien against the real property and  
            dissemination of information on such liabilities is important  
            for protecting potential buyers, lenders, etc.  Any recorded  
            real property transfers are made available to the public.  A  
            county assessor may also share specified information, otherwise  
            confidential, with various local and state government entities. 
            In the area of income tax liabilities, however, state law  
            generally prohibits disclosure or inspection of any income tax  
            return information, except as specified in law.  In fact, the  
            FTB is required to notify taxpayers if criminal charges have  
            been filed for willful unauthorized inspection or disclosure of  
            their tax data.  However, FTB may release tax return information  
            to certain other agencies, including the BOE, legislative  
            committees, the Attorney General, the California Parent Locator  
            Service, the Commissioner of the IRS, and others for certain  
            statutorily enumerated purposes.  BOE is similarly restricted  
            from divulging taxpayer information unless specifically  
            authorized by statute.  For example, since 2007, both FTB and  
            BOE are required to make as a matter of public record a list of  
            the largest 500 tax delinquencies over $100,000.


          7)The Limited Scope of this Bill.  As noted by the BOE staff, in  
            recent years, media reports of the disparate consequences of  
            reassessing property owned by legal entities and property owned  











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            by individuals have resulted in an increasing number of  
            inquiries from the public whether specific sales, mergers,  
            acquisitions, and buyouts reported by media trigger the  
            reassessment of a legal entity's real estate holdings.  Existing  
            law, however, prohibits BOE staff from providing basic factual  
            information to public, even though this information could  
            eventually become public, when, for example, the assessor  
            reassesses (or does not reassess) the property owned by the  
            legal entity. 
            Under this bill, the BOE and county assessors are authorized to  
            disclose the fact that a CIO statement has been filed with the  
            BOE or that the BOE has issued a determination to the assessor  
            relating to a CIO statement filed with the BOE.  In addition,  
            this bill would exempt from the confidentiality requirement the  
            fact that the filing of a CIO statement was prompted by  
            information collected by the FTB from the taxpayer's state  
            income tax return.  The scope of the disclosure proposed by this  
            bill is very limited - it does not require a disclosure of any  
            factual information reported on the taxpayer's state income tax  
            return, such as the amount of gross receipts or sales, gross  
            profit, the amount of credit carryovers, income subject to  
            apportionment, or the amount of each individual credit claimed  
            on the tax return.  Furthermore, no actual information reported  
            on a CIO statement, other than the fact that the statement has  
            been filed, may be disclosed to the public.  Detailed financial  
            information reported in the state income tax return or CIO  
            statement will remain confidential.  


            Legal entity change in ownership discovery relies heavily on  
            self-reporting, which does not always result in 100% compliance.  
             State agencies assist local assessors because real property  
            owned by legal entities often undergoes a change in ownership  
            without the public recordation of documents.  As stated by the  
            BOE staff in its analysis, the "delayed transparency undermines  
            the public trust in the current property tax system as it  
            applies to legal entity changes in ownerships and fuels the  
            perception that laws are inequitable and should be changed."   
            Transfers of real property are recorded and are already public  











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            information.  Thus, it is unclear why a disclosure of the mere  
            fact of filing a CIO statement by a legal entity, or the fact  
            that the filing was prompted by the information collected by the  
            FTB, would undermine public trust or should remain confidential.  
             




          Analysis Prepared by:                                               
                          Oksana Jaffee / REV. & TAX. / (916) 319-2098  FN:  
          0000457