AB 657, as amended, Achadjian. Property taxation: change in ownership reporting.
Existing property tax law requires, when there is a change in ownership of realbegin delete property or ofend deletebegin insert property,end insert a manufacturedbegin delete homeend deletebegin insert home, or a floating homeend insert that is subject to local property taxation and is assessed by the county assessor, a change in ownership statement to bebegin delete filedend deletebegin insert filed, under penalty of perjury,end insert in the
county where the realbegin delete property orend deletebegin insert property,end insert
manufacturedbegin delete homeend deletebegin insert home, or floating homeend insert is located, as provided. Existing law, in the case of probate, requires the personal representative to file a change in ownership statement with the county recorder or assessor in each county in which the decedent owned real property at the time of death that is subject to probate proceedings. Existing law requires that statement to be filed before or at the time the inventory and appraisal is filed with the court clerk.
This bill instead, in the case of probate, would require the statement to be filed withinbegin delete 150 days after the date of death.end deletebegin insert 4 months after the
date letters testamentary or letters of administration are first issued to a personal representative with general powers.end insert
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
begin insertSection 480 of the end insertbegin insertRevenue and Taxation Codeend insertbegin insert,
2as amended by Section 6 of Chapter 454 of the Statutes of 2015,
3is
amended to read:end insert
(a) Whenever there occurs any change in ownership of
5real property, a manufactured home, or a floating home that is
6subject to local property taxation and is assessed by the county
7assessor, the transferee shall file a signed change in ownership
8statement in the county where the real property, manufactured
9home, or floating home is located, as provided for in subdivision
10(c). In the case of a change in ownership where the transferee is
11not locally assessed, no change in ownership statement is required.
12(b) The personal representative shall file a change in ownership
13statement with the county recorder or assessor in each county in
14which the decedent owned real property at the time of death that
15is subject to probate proceedings. The statement shall be filedbegin delete prior begin insert
within four months after the date letters testamentary or
16to or at the time the inventory and appraisal is filed with the court
17clerk.end delete
18letters of administration are first issued to a personal
19representative with general powers.end insert In all other cases in which an
20interest in real property is transferred by reason of death, including
21a transfer through the medium of a trust, the change in ownership
22statement or statements shall be filed by the trustee (if the property
23was held in trust) or the transferee with the county recorder or
24assessor in each county in which the decedent owned an interest
25in real property within 150 days after the date of death.
26(c) Except as provided in subdivision (d), the change in
27ownership statement as required pursuant to subdivision (a) shall
28be declared to be true under penalty of perjury and shall give that
29information relative to the real property, manufactured home, or
30floating home acquisition transaction as the board shall prescribe
31after
consultation with the California Assessors’ Association. The
32information shall include, but not be limited to, a description of
33the property, the parties to the transaction, the date of acquisition,
34the amount, if any, of the consideration paid for the property,
35whether paid in money or otherwise, and the terms of the
36transaction. The change in ownership statement shall not include
37any question that is not germane to the assessment function. The
38statement shall contain a notice informing the transferee of the
P3 1property tax relief available under Section 69.5. The statement
2shall contain a notice that is printed, with the title in at least
312-point boldface type and the body in at least 8-point boldface
4type, in the following form:
6“Importantbegin delete Notice”end deletebegin insert
Noticeend insert
8begin delete“The end deletebegin insertThe end insertlaw requires any transferee acquiring an interest in
9real property, manufactured home, or floating home subject to
10local property taxation, and that is assessed by the county assessor,
11to file a change in ownership statement with the county recorder
12or assessor. The change in ownership statement must be filed at
13the time of recording or, if the transfer is not recorded, within 90
14days of the date of the change in ownership, except that where the
15change in ownership has occurred by reason of death the statement
16shall be filed within 150 days after the date of death or, if the estate
17is probated,begin delete shall be filed at the time the inventory and appraisal begin insert
within four months after the date letters testamentary or
18is filed.end delete
19letters of administration are first issued to a personal
20representative with general powers.end insert The failure to file a change
21in ownership statement within 90 days from the date a written
22request is mailed by the assessor results in a penalty of either: (1)
23one hundred dollars ($100), or (2) 10 percent of the taxes applicable
24to the new base year value reflecting the change in ownership of
25the real property, manufactured home, or floating home, whichever
26is greater, but not to exceed five thousand dollars ($5,000) if the
27property is eligible for the homeowners’ exemption or twenty
28thousand dollars ($20,000) if the property is not eligible for the
29homeowners’ exemption if that failure to file was not willful. This
30penalty will be added to the assessment roll and shall be collected
31like any other delinquent property taxes, and be subject to the same
32penalties for nonpayment.”
34(d) The change in ownership statement may be attached to or
35accompany the deed or other document evidencing a change in
36ownership filed for recording, in which case the notice, declaration
37under penalty of perjury, and any information contained in the
38deed or other transfer document otherwise required by subdivision
39(c) may be omitted.
P4 1(e) If the document evidencing a change in ownership is
2recorded in the county recorder’s office, then the statement shall
3be filed with the recorder at the time of recordation. However, the
4recordation of the deed or other document evidencing a change in
5ownership shall not be denied or delayed because of the failure to
6file a change of ownership statement, or filing of an incomplete
7statement, in accordance with this subdivision. If the document
8evidencing a change in ownership is not recorded or is recorded
9
without the concurrent filing of a change in ownership statement,
10then the statement shall be filed with the assessor no later than 90
11days from the date the change in ownership occurs, except that
12where the change in ownership has occurred by reason of death
13the statement shall be filed within 150 days after the date of death
14or, if the estate is probated,begin delete shall be filed at the time the inventory begin insert within four months after the date letters
15and appraisal is filed.end delete
16testamentary or letters of administration are first issued to a
17personal representative with general powers.end insert
18(f) Whenever a change in ownership statement is filed with the
19county recorder’s office, the recorder shall transmit, as soon as
20possible, the original statement or a true copy thereof to
the
21assessor along with a copy of every recorded document as required
22by Section 255.7.
23(g) (1) The change in ownership statement may be filed with
24the assessor through the United States mail, properly addressed
25with the postage prepaid.
26(2) A change in ownership statement that is filed with the
27assessor, as authorized by paragraph (1), shall be deemed filed on
28either the date of the postmark affixed by the United States Postal
29Service containing the statement or on the date certified by a bona
30fide private courier service on the envelope containing the
31statement.
32(h) In the case of a corporation, the change in ownership
33statement shall be signed either by an officer of the corporation or
34an employee or agent who has been designated in writing by the
35board of directors to sign those statements
on behalf of the
36corporation. In the case of a partnership, limited liability company,
37or other legal entity, the statement shall be signed by an officer,
38partner, manager, or an employee or agent who has been designated
39in writing by the partnership, limited liability company, or legal
40entity.
P5 1(i) No person or entity acting for or on behalf of the parties to
2a transfer of real property shall incur liability for the consequences
3of assistance rendered to the transferee in preparation of any change
4in ownership statement, and no action may be brought or
5maintained against any person or entity as a result of that
6assistance.
7Nothing in this section shall create a duty, either directly or by
8implication, that the assistance be rendered by any person or entity
9acting for or on behalf of parties to a transfer of real property.
Section 480 of the Revenue and Taxation Code
11 is amended to read:
(a) Whenever there occurs any change in ownership of
13real property or of a manufactured home that is subject to local
14property taxation and is assessed by the county assessor, the
15transferee shall file a signed change in ownership statement in the
16county where the real property or manufactured home is located,
17as provided for in subdivision (c). In the case of a change in
18ownership where the transferee is not locally assessed, no change
19in ownership statement is required.
20(b) The personal representative shall file a change in ownership
21statement with the county recorder or assessor in each county in
22which the decedent owned real property at the time of death that
23is subject to probate proceedings. The statement shall be filed
24 within 150 days after the date of death. In all other cases in which
25an interest in real property is transferred by reason of death,
26including a transfer through the medium of a trust, the change in
27ownership statement or statements shall be filed by the trustee (if
28the property was held in trust) or the transferee with the county
29recorder or assessor in each county in which the decedent owned
30an interest in real property within 150 days after the date of death.
31(c) Except as provided in subdivision (d), the change in
32ownership statement as required pursuant to subdivision (a) shall
33be declared to be true under penalty of perjury and shall give that
34information relative to the real property or manufactured home
35acquisition transaction as the board shall prescribe after
36consultation with the California Assessors’ Association. The
37information
shall include, but not be limited to, a description of
38the property, the parties to the transaction, the date of acquisition,
39the amount, if any, of the consideration paid for the property,
40whether paid in money or otherwise, and the terms of the
P6 1transaction. The change in ownership statement shall not include
2any question that is not germane to the assessment function. The
3statement shall contain a notice informing the transferee of the
4property tax relief available under Section 69.5. The statement
5shall contain a notice that is printed, with the title in at least
612-point boldface type and the body in at least 8-point boldface
7type, in the following form:
9“Important Notice”
10
11“The law requires any transferee acquiring an interest in real
12property
or manufactured home subject to local property taxation,
13and that is assessed by the county assessor, to file a change in
14ownership statement with the county recorder or assessor. The
15change in ownership statement must be filed at the time of
16recording or, if the transfer is not recorded, within 90 days of the
17date of the change in ownership, except that where the change in
18ownership has occurred by reason of death the statement shall be
19filed within 150 days after the date of death. The failure to file a
20change in ownership statement within 90 days from the date a
21written request is mailed by the assessor results in a penalty of
22either: (1) one hundred dollars ($100), or (2) 10 percent of the
23taxes applicable to the new base year value reflecting the change
24in ownership of the real property or manufactured home, whichever
25is greater, but not to exceed five thousand dollars ($5,000) if the
26property
is eligible for the homeowners’ exemption or twenty
27thousand dollars ($20,000) if the property is not eligible for the
28homeowners’ exemption if that failure to file was not willful. This
29penalty will be added to the assessment roll and shall be collected
30like any other delinquent property taxes, and be subject to the same
31penalties for nonpayment.”
32
33(d) The change in ownership statement may be attached to or
34accompany the deed or other document evidencing a change in
35ownership filed for recording, in which case the notice, declaration
36under penalty of perjury, and any information contained in the
37deed or other transfer document otherwise required by subdivision
38(c) may be omitted.
39(e) If the document evidencing a change in ownership is
40recorded in the
county recorder’s office, then the statement shall
P7 1be filed with the recorder at the time of recordation. However, the
2recordation of the deed or other document evidencing a change in
3ownership shall not be denied or delayed because of the failure to
4file a change of ownership statement, or filing of an incomplete
5statement, in accordance with this subdivision. If the document
6evidencing a change in ownership is not recorded or is recorded
7without the concurrent filing of a change in ownership statement,
8then the statement shall be filed with the assessor no later than 90
9days from the date the change in ownership occurs, except that
10where the change in ownership has occurred by reason of death
11the statement shall be filed within 150 days after the date of death.
12(f) Whenever a change in ownership statement is filed with the
13county
recorder’s office, the recorder shall transmit, as soon as
14possible, the original statement or a true copy thereof to the
15assessor along with a copy of every recorded document as required
16by Section 255.7.
17(g) (1) The change in ownership statement may be filed with
18the assessor through the United States mail, properly addressed
19with the postage prepaid.
20(2) A change in ownership statement that is filed with the
21assessor, as authorized by paragraph (1), shall be deemed filed on
22either the date of the postmark affixed by the United States Postal
23Service containing the statement or on the date certified by a bona
24fide private courier service on the envelope containing the
25statement.
26(h) In the
case of a corporation, the change in ownership
27statement shall be signed either by an officer of the corporation or
28an employee or agent who has been designated in writing by the
29board of directors to sign those statements on behalf of the
30corporation. In the case of a partnership, limited liability company,
31or other legal entity, the statement shall be signed by an officer,
32partner, manager, or an employee or agent who has been designated
33in writing by the partnership, limited liability company, or legal
34entity.
35(i) No person or entity acting for or on behalf of the parties to
36a transfer of real property shall incur liability for the consequences
37of assistance rendered to the transferee in preparation of any change
38in ownership statement, and no action may be brought or
39maintained against any person or entity as a result of that
40assistance.
P8 1Nothing in this section shall create a duty, either directly or by
2implication, that the assistance be rendered by any person or entity
3acting for or on behalf of parties to a transfer of real property.
O
98