BILL ANALYSIS                                                                                                                                                                                                    Ó






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          |SENATE RULES COMMITTEE            |                        AB 567|
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                                   THIRD READING 


          Bill No:  AB 567
          Author:   Gipson (D)
          Introduced:2/24/15  
          Vote:     21  

           SENATE GOVERNANCE & FIN. COMMITTEE:  4-3, 7/8/15
           AYES:  Hertzberg, Hernandez, Lara, Pavley
           NOES:  Nguyen, Beall, Moorlach

           ASSEMBLY FLOOR:  47-29, 5/28/15 - See last page for vote

           SUBJECT:   Property taxation:  change in ownership statement:   
                     confidentiality of information


          SOURCE:    Board of Equalization Chairman Jerome Horton


          DIGEST:  This bill allows the Board of Equalization (BOE) or  
          assessors to disclose whether they've received a change in  
          ownership statement (COS) for a legal entity, or that BOE has  
          issued a determination regarding the change.


          ANALYSIS:   


          Existing law:

          1)Provides that all property is taxable unless explicitly  
            exempted by the Constitution or federal law.

          2)Precludes assessors from revaluing real property for tax  








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            purposes unless a property is newly constructed, or changes  
            ownership.

          3)Applies different standards for assessors to determine whether  
            real property has changed ownership from changes in ownership  
            interests in legal entities, like corporations and  
            partnerships, which own real property.

             a)   Provides that when direct interests in real property  
               change ownership, assessors generally only revalue that  
               percentage interest which transfers.  

             b)   Directs assessors to revalue all of the legal entity's  
               property to fair market value only when one person or legal  
               entity purchases or otherwise acquires more than 50%  
               ownership of the corporation or other legal entity in a  
               single transaction, or when the changes in the cumulative  
               ownership of the legal entity's original co-owners reaches  
               50% in one or more transactions.  

          4)Requires the new owner of a property to file a COS with the  
            assessor.  

          5)Considers any information appearing on the COS a secret, and  
            not subject to public disclosure.

          6)Enacts the Legal Entity Ownership Program to help find and  
            detect changes in control and ownership of corporations,  
            partnerships, and other legal entities, which have no recorded  
            deed or notice of a transfer of an ownership interest.  

             a)   Requires legal entities to file a change of ownership  
               statement with BOE within 90 days of the change, or pay a  
               penalty equal to 10% of the tax on the new value of the  
               property reflecting the change of ownership.

             b)   Directs the Franchise Tax Board (FTB) to send BOE a list  
               of legal entities that have reported a change in control or  
               ownership on income tax return.

             c)   Requires BOE to analyze completed statements and  
               information from FTB to determine whether a change in  
               control or ownership occurred.








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             d)   Directs BOE to notify county assessors of changes in  
               control or ownership detects to ensure reassessment occurs.

          7)Provides that the assessment roll, and a quarterly updated  
            list of all property transfers, is a public document. 

          This bill:

          1)Allows BOE or the assessor to disclose that a person or legal  
            entity has filed a legal entity COS with the BOE.

          2) Permits BOE to disclose whether it has issued a determination  
            to the assessor relating to the statement filed.

          Comments

          As a general matter in California tax law, any information that  
          a taxpayer enters on a return and submits to a tax enforcement  
          agency is considered confidential, and criminal sanctions apply  
          to persons who unlawfully inspect or disclose any confidential  
          tax information.  The Legislature has considered several  
          measures that would make public confidential taxpayer  
          information in the hopes of increasing collections, or  
          stimulating debate about the state's tax policies, such as:

           Directing FTB and BOE to publish lists of the top 500 tax  
            delinquencies over $100,000 (AB 1418, Horton, Statutes of 2006  
            and AB 1424, Perea, Chapter 455, Statutes of 2011).  
             
           Requiring FTB to publish on its Web site a list of the 1,500  
            largest corporate taxpayers filing a Form 10-K with the  
            Securities and Exchange Commission (AB 2439, Eng, 2011).  The  
            bill failed passage on the Senate Floor.

           Requiring FTB to compile information on any tax expenditure  
            claimed by a taxpayer that is a publicly-traded company, and  
            develop a searchable database by company name and the amount  
            of tax expenditures claimed (AB 2666, Skinner, 2010).   
            Governor Arnold Schwarzenegger vetoed the bill.  

          AB 567 pierces the veil of taxpayer confidentiality by allowing  
          either the BOE or an assessor to disclose that a taxpayer filed  
          a change in ownership statement for a legal entity, or that BOE  
          has determined that a change in ownership has occurred.   







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          However, the piercing is minor in comparison to previous  
          efforts: the measure doesn't compel disclosure of any taxpayer  
          specific information on the form itself, and any changes in  
          ownership show up on the assessment roll or the quarterly  
          transfer eventually.  

          AB 567 makes a small change in an area of great dispute.   
          Shortly after passage of Proposition 13, the Assembly Committee  
          on Revenue and Taxation appointed a task force of to wrestle  
          with the various interpretations necessary to implement the  
          initiative.  The task force's initial recommendation concerning  
          changes in ownership of property owned by legal entities was to  
          adopt the "separate entity" theory, providing that so long as  
          the same legal entity owned the property, it would not be  
          reassessed, regardless of whether ownership interests in the  
          entity change, such as stock in the corporation, or partners in  
          the partnership.  However, the task force subsequently added the  
          'majority-takeover-of-corporate-stock,' or "change in control,"  
          provision to maintain some parity with the increasing relative  
          tax burden of residential property statewide.  As enacted,  
          assessors revalue property to fair market value when one person  
          or legal entity purchases or otherwise acquires more than 50%  
          ownership of a corporation or other legal entity in a single  
          transaction.  Ever since, taxpayers have generally been able to  
          plan around the change of ownership rules for legal entities to  
          avoid reassessment.  Several legislative measures to change  
          these rules were unsuccessful, such as SB 82 (Kopp, 1992) and SB  
          17 (Escutia, 2003 and 2005) all of which would have overturned  
          the 50% rule.  Last year, the Legislature considered a measure  
          that defined as a change in ownership a single transaction when  
          more than 90% or more of the ownership interests in a legal  
          entity are sold in a single transaction to a person or legal  
          entity, regardless of whether a single individual acquires more  
          than 50% of the ownership interest.  That measure responded to a  
          single taxpayer's transaction, and would have ensnared unwitting  
          taxpayers that lacked the legal expertise to structure a  
          transaction to avoid the reformed standard.  The Senate  
          Appropriations Committee held the measure on its suspense file.

          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:NoLocal:    No


          SUPPORT:   (Verified7/10/15)







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          Board of Equalization Chairman Jerome Horton (source)
          American Federation of State, County and Municipal Employees
          California Tax Reform Association
          Los Angeles Assessor Jeffrey Prang
          Service Employees International Union


          OPPOSITION:   (Verified7/10/15)


          Air Logistics Corporation
          Associated Builders and Contractors
          Associated Builders and Contractors - San Diego Chapter
          Building Owners and Managers Association of California
          California Association of Boutique and Breakfast Inns
          California Business Properties Association
          California Chamber of Commerce
          California Hotel and Lodging Association
          California Manufacturers and Technology Association
          California Tank Lines, Inc.
          California Taxpayers Association
          Chemical Transfer Company
          Council on State Taxation
          Family Business Association
          International Council of Shopping Centers
          Kern County Taxpayers Association
          NAIOP of California - the Commercial Real Estate Development  
          Association
          National Federation of Independent Business
          Silicon Valley Leadership Group
          Superior Tank Wash, Inc.
          TechAmerica
          TechNet
          West Coast Recycling, LLC.


          ARGUMENTS IN SUPPORT:     According to the author, "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  







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          public has been looking for regarding these types of  
          transactions."


          ARGUMENTS IN OPPOSITION:     According to the California  
          Taxpayers Association, "There is no valid reason to begin  
          violating taxpayers' fundamental protection of keeping their tax  
          information confidential to be released to the public; and would  
          allow the information to be released without tax officials first  
          making a proper determination regarding a property owner's  
          taxes.  The bill will not promote 'transparency,' because no  
          public interest would be served by allowing tax officials to  
          release confidential tax information regarding changes in  
          ownership.  In fact, an erosion would occur, as the public is  
          acutely aware that tax agencies currently must safeguard their  
          tax information, and this bill would break that trust.   
          Oftentimes, no change-in-ownership statement if filed because no  
          change in ownership occurred.  In these cases, what purpose is  
          served in disclosing to the public that no form was filed?"

          ASSEMBLY FLOOR:  47-29, 5/28/15
          AYES:  Bonilla, Bonta, Brown, Burke, Calderon, Campos, Chau,  
            Chiu, Chu, Cooley, Cooper, Dodd, Eggman, Frazier, Cristina  
            Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez,  
            Gordon, Gray, Roger Hernández, Holden, Jones-Sawyer, Levine,  
            Lopez, Low, McCarty, Medina, Mullin, Nazarian, O'Donnell,  
            Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas,  
            Santiago, Mark Stone, Thurmond, Ting, Weber, Williams, Wood,  
            Atkins
          NOES:  Achadjian, Travis Allen, Baker, Bigelow, Brough, Chang,  
            Chávez, Dababneh, Dahle, Beth Gaines, Gallagher, Hadley,  
            Harper, Irwin, Jones, Kim, Lackey, Linder, Maienschein,  
            Mathis, Mayes, Melendez, Obernolte, Olsen, Patterson,  
            Steinorth, Wagner, Waldron, Wilk
          NO VOTE RECORDED:  Alejo, Bloom, Daly, Grove

          Prepared by:Colin Grinnell / GOV. & F. / (916) 651-4119
          7/10/15 15:55:31


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