‘ x s I

‘
x
s
z..
I
.J *
,
l
STATE OF CALIFORNIA
ATE BOARD
0 N STREET, SACRAMENTO,
(P.O. BOX 1799, SACRAMENTO,
(916)
GEORGE R. REILLY
First District, San Francisco
OF EQUALIZATION
CALIFORNIA
CALIFORNIA
ERNEST J. DRONENBLJRG. JR
Second District, San Diego
95808)
445-6479
WILLIAM M. EENNElT
Third District, San Rafael
RICHARD NEVINS
Fourth District, Pasadena
KENNETH CORY
C~nfrolfer, Sacramento
DOUGLAS D. BELL
Executive Secrefary
No.
October
18,
1979
TO COUNTY ASSESSORS, COUNTY COUNSELS,
COUNTY ASSESSMENT APPEALS BOARDS,
AND OTHER INTERESTED PARTIES:
PROPERTY TAX RULES 460,
466.
461,
467,
462,
470,
463, 465,
and 471
On October 12, 1979, a notice
of public
hearing
on the
The hearing
will
be
above captioned
rules was mailed.
on November 13, 1979 at 2:30 p.m. at 1020 N Street,
Room
102, Sacramento,
California
95814.
Attached
is a copy of the rules,
including
proposed
amendments noted in strike-out
and underscored
format.
Sincerely,
/
Janice Masterton
Calendar Clerk
JM:ms
Attachment
79/181
.
i
I
I)
Rule
No.
(a)
Sections
(Cal.
400.
provide
for
1 and 2.of
establishing
real
property
is tfien
to
A of the Constitution
taxable
taxes
and a procedure
value
of locally
to a base year
by reference
annually
two percent
XIII
on property
the currenk
modified
exceed
Article
a limitation
for
GENERAL APPLICATION.
Adm. Code}
to reflect
full
assessed
cash value
the inflation
rate
which
not
per year.
(b) The foil owing definitions
_
.te.rms in the rules pcrtiining
govern
the construction
to Sections
of the
1 and 2 of Article
XXX1 A.
(1)
.
the original
real
ne:dy
constructed,
erty',
used
and
Me full
serves
any assessment
thereof,
value
year
is purchased,
shall
for
.ZS
in
is
become the base
such real
prop-
thereof,
/FULL CASH VALWE.
The full
cash value
easfi vskc~e" as dei&ned
'Paxatien
1975-76
year
or changes ownership
in determining
(Al
ah3f
or a portion
property,
or a portion
(2)
Thrrcaftel:,
base year.
which
year
The assessment
BASE: YEAR.
fZ0de-i
of real
in Se&&en
property
means *ha
338 05 the ReVet-itit?
63 ef:
1
10/12/79
The &&ea.dat+
1.
23975~76, B-F "full
cash value"
--the Revenue and Taxation
properties
with
--
shall
the 1975 lien
be enrolled
when such real
newly
date,
constructed,
(3)
the
If
real
cash value
of
next
succeeding
the date
thereof,
base year
property
reappraise
priate
full
notwithstanding
@ determined
(3 1
standard
other
than
full
Restricted
cash value
Full
base year
value
appro-
shall
for
may
of Section
1980.
authorized
the assessor
Such reappraisals
to Su3~ I,
full
is
ptiretia~k
Cede to its
cash value
1975-76
FULL VALUE.
cash value
full
Code but
RESTRICTED VALUE.
or by sta&te
* (4)
the
prior
then
the provisions
Revenue and Taxation
tion
to its
base yeax 35m da9,e.
time,
is purchased,
has not been appraised
cash value,
such property
which
ownership.
+S 6eeCim3 465~5 eh *ig,e R?-ve~e attd FaxetPea
priate
in Section
---
full
or porti.on
or changes
-as defined
Code as of the date such real.
---constructed,
or chanqes owner-
on the li21-1 date
property,
or
cash value"
110 of the Revenue- -and Taxation
--property
is purchased,
is newly
after
110.1 -*
of
1975 for
Code, A_
as of
__I--- date
-- -the lien
The "full
yeas
Base
in Section
I_-
-as defined
a X975-76 base year,
2.
ship
&, &9?Ei7 fiev Gie
the appro-
be made at any
405.6
of the'
values
must
means a value
prescribed
by the Constitu-
by the Constitution.
value
or the restricted
2
(appraised
value)
.
means either
value.
10/12/79
(5)
For each lien
-INFLATION RATE.
date
in which
full
value
the base year
of real
percentage
property
change
full
shall
in cost
Revenue and Taxation
value
not
the taxable
(6)
full
reflect
value
law -I_or the
full
in excess
lien
Taxable
value
for
any given
value
-----. .._ -for
to reflect
as defined
of the preceding
adjusted
value
lien
same -lien
-the -_I_
the lien
is determincd,.the
the
in Section
Code; provided
an increase
TAXABLE VALUE.
after
be modified
of living,
2212 of the
shall
value
date
that
such
of 2 percent
Of
date.
rr.eans the base year
date
as required
2ate,
m--4
whichever
by
.
is less.
--f?+
t.ke
base
F?333; BA6;WVASE fjA6ET
year
Chc 9Perz date
va3tte
e"
fsx? which
see&
pq3e5rky
t-
tions
calculated
prescribed
Constitution.
aFpsp&eteSy
the St033 is beinfr
-ct3+ (7) PROPERTYTAX RATE.
rate
Fs33 eaek va$ae S3aBe meai?s
in accordance
by Section
prcpttred-;
The property
with
irndcxed
tax rate
the ad valorcm
1 of Article
XIII
tax
is the
limita-
A of the
.
10/12/79
3
4x3
I
Rule Ho. 451,
(a)
Section
for
of
or profit
shall
(Section
a prendre
a consideration.
purchased,
ownership
occurs
A Purchase
is
to the use,
occupancy,
posses-
pmperty,
or portion
thereof,
real
of
if
in
base year.
or right
Constitution
be reappraised
463) or a change
the original
title
i)RC%%RTY VALUE CHANGES.
A of the California
XIII
property
462) after
any transfer
sion
real
constructed
(Section
A&m. C&de) ,"&.I,
2 of Article
that
prov2des
newly
(Cal.
I
Other-than-a-transfer-&e!tuded-&-the-
deffnftfen-ef-change-ef-ewners~~~-~r-spee~f~ea~~~-e~=~aded
tkere~rem-~~-Seet4en-~~~~-&ii4 ReRtaxaB3:e
Ike-ereatien-e+-a-predate-interest
ew;-b,ed p ~leperty
ptG33lei3y
B&=&e-k +t3 kf!tX -Wt&ZU 6eE&3R
eY*y
and p&dieSy
$3 05 &Y-tie&
enned
p~ap-
+issz 'Ed +Zke
eensti4utlen~ wh4eke5nstlk&es
fl p3gs~f!i!39&r-y
&lteyes* as *.hc
-d--b in Seed-,&srp
te%RIis de=--d
2-3-fb%of th"s codei is regarded
ZIS E-Xp~~rckr*_se ~egard?ezs
a-i Pntcrest
r,Lf the per&d
shaft3 be cpprz%scd
stld!
sf the 5nterest-z
as its
fo33, vaftne ifIs of "ihe
for
in
this
to valuation
in
da*e of srea6Zeg.-p
(b)
Unless
erty
which
otherwise
was
not
provided
subject
chapter,
real
any Prior
ProP-
base Yeari
s~ek-as-Rew~y-disee~e~e~-e~-a~~~t~e~a~-~~e~e~-e~~-a~d-ga3
Pe6ervesi
shall
be appraised
at full
value
have been assessed and be added to the roll
l
lien
date immediately
(c)
The prior
portion
thereof,
following
year factored
physically
for
each year it
being prepared
should
for
the
discovery.
base year value of real
removed from the site
4
property,
shall
be
10/12/79
or
a
*
1
1.
deducted
0
from the property's
value , provided
than zero.
reflect
that
The net value
shall
value
adjusted
prepare
shall
be reflected
never
exceed
followins
valued
nursuant
such rolls
praisal
is lcss'thc
--
of
-- all
date
its
value
of
lien
current
date.
full
Land and
irhen measuring
value
that
full
f&3
base.
taxable
Increases
lien
--
date
value
shall
Proljerty
indexed.
3 mi sfortune
or
- calamity
arrd not
--
subsection.
this
vt?&kie
re-is -to be
--..
$
required--I__- to make an annual
preparing
reap-
9ropertv.
the appraisal.
of
-------the same unit
-. .
improvements
declines
date
--
base oS rreperty
by comparing
unit
in
constitute
value
for
the current
as 05 the &!&en da*e
to the Q&3 cask ~a3tenc ba~c of the ~&YE r\nitr
base year
the base
-.-
the Drevious
be detcmined
will
the
containing
value
since
_(
is not
-v
to determine
5a33. eusis va3uc
&
to
and then
thereafter
appropriately
subsection
assessable
full
adjusted
the then etlrrent
except
roll
value
assessor
roll
eatming
damage caused
in value
years
or
-- the
cash value
base sear
the
Declines
than
on
--A^the
to
not be less
of the two values.
5~33 ea+
Gaeters
in full
I_--
and decreases
stored
and tax
an assessment
to be &as
value
be the lesser
indexed
i=e re53cet
shall
be appropriately
date full
1979-80
B
e3! prepertqr
lien
--
year
k:hichever
value,
lien
value which shall
assessor
year
shall
value
base year
change in the cost of living
compared to the current
(d) nor the tax
’
year factored
such net tax&Se
the percentage
taxable
,.a
prior
to the
indexed
-L
the current
lien
an appraisal
caused by disaster,
unit
except
in which
l-o/12/79
case
land
constitute
shall
subsection
aS
and other
fixtures
imprcnenents
full
date,
etnd &et43
(d
taxable
value
by a misfortune
it
ment,
lien
esn23rh,*tuke
real
of
or calzmfty
at Fts forRer
unless
value
The full
date
is less
value
as the new base
in Section
than
its
f'ttU
damaged or destroyed
is to be adjusted
Code.
lien
If
date
va-lrtle.
in accordance
the property
following
plus -the appropriate
is restored,
restoration
inflation
enrolIadjust-
:
1.
in which
OA the
-shall
assessor
2.
is less
a new btztse yeftr
property
the Revenue and ~axatiox
Year full,
I__-
unit,
appraisal
t.0
value
the
classified
and equipment
of property
value
taxable
with
machrnery
of this
bn~e I_base year
full
value indexed
-- the current
.
_I_-the full
value shall be onrolled
as the current
eaah value
The
For purposes
unit.
a sepc?rAte
constitute
m-En the current
lien
--
a separate
value
than
of the restored
the fu33
in which
year
is detemiged
It
case
property's
the
as of
cask v&:tre base indexed
case the lowr
valuec
property
value
shall
base
be enrolled
or
that
net' construction
value
463.
shall
has occurred
be enroll4
as
.
6
-
the
10/12/79
provided
.
1
. .
.‘
No,
Rule
452.
T'h-xe shalb
(Cal,
Adm, Code)
2x2 a reappraisal
the chang.2 in o-mership
a new base year
lien
following
date
A "change
CHANGE IN OWNERSHIP.
of real
of that
establish
the
’
full
property.
value
chx!ge
in
as of
property
the date
The reappraisal
of
will.
and ici.11 be enrolled
an the
ownerF%fp+
occurs *--..--when there is a
transfer I-- or' a present interest
the pxperty,
including
the
-in -right
to beneficial
of
is substantially
I___- use thereof,
-the valce
-II
-. which
c
provided
equal -t3 -the value of
Pxcept as >therwisz
--- the fee interest.
in this
fers
in ownershiDSL----L-in real
section,
"chancre
of property,
elf
-- law,
by grnnt#
addition
procert~
in ownershi3"
whether
volunta~
devise,
inheritance,
or deletion
regers
te
includes
involuntary
trtlst
of a: oprmp,sr~pYepc?ty
all
02 b
trans-
operation
contract
of
sale,
5e~t3cmenC~ %P t%ny
sChelpchangesn khr ncth8d 89 h%w&lr.fi
h,&t&eywke:CkcPr
by vsh%lCary
6P +dW+&an&aFy
A change
change
in this
ownership
in
This
defined
a
sions
~~e?~!?~8~
&a?.? OK ti
83
is
excluded
from
the
nut
term
Other
involving
"transfer"
means.
a
as used
section,
5 portion
piwing
8~ by
in the nama of an owner of property
(a) A transfer
z
$ran3+e~
of the full
thereof
reappraisal
includes
Code, units
to land
by any means is a change
.
of the property
or
- portion
transfers
in Section
fee title
of units
in planned
11003 and 11003.1
in cooperative
and/or
improvements
in ownership
thereof
housing
transferred,
developments
of the Business
developments
re-
as
and Profescontrolled
7
10/12/79
by cooperative
housing
corporations
as defined
17265 of the Revenue and Taxation
defined
in Section
ownership
ship interest
unit,
wherein
or portion
A change in ownership
Housing Act,
cooperative
the regulatory
is to the housing
ing for purchase
cooperative
was financed
by a direct
and provided
cooperative
loan
that
were approved by the
that
the transfer
or to a person or family
by reason of limited
from the housing
was
514, 515, or 516 of
and provided
cooperative
which was
202 of the Housing Act of
and occupancy agreements
or insurer,
of.stock
or 236 of the National
Housing Finance Agency,
lender
of a specific
such mortgage was insured
to Section
cooperative
from the California
owner-
the project.
as amended, or such housing
1959, or the housing
transfer
in a transfer
221(d)(4),
the Housing Act of 1949 or Section
governmental
of an individual
in a housing
pursuant
as
community
does not occur upon the transfer
213, 221(d)(3),
or assisted
or other
within
under one mortgage provided
under Section
financed
results
thereof
or membership certificates
financed
Code
a transfer
in the project
apartment
Code and condominiums
783 of the Civil
projects
in Section
income.
qualify-
Any subsequent
to a person or family
not
monthly
carrying
charges
of the income level
or interest
reduction
of such person or family
assistance
shall
by reason
constitute
a change of ownership.
xi7 a unit
or
lot
with&?
coip4aausity apartment
shopping
center,
a CQO~~K&~I.W housing
protest,
industrial
ccK?dominiQ.&
park,
8
or other
carprationt
planned
develapmnL
residential,
10/12/79
oom-
or
me.rcial,
oz
industrial
faci‘si%ies
d32fzm2.d
the
in
is
this
lA=nia: Qr lots
shall
constitute
iaterest
of an undivided
rest&&s
with
changes
ow?lesahig
0% lot
coi?Yxm
i3PChs3
as
transferred
am3
as an appurtenance
interest
of ownership
ia fk+
9~ pert&m
area reserved
cmplex
of SLiCh
be reappraised.
a change
as pmvided
oth,erwise
c?nEy +3.-c? rsnit
section,
The transfer
f3f
&rt tie
and 44) w&&e
in property
en&Fe
does not
prepe%ky
kke %raFisfer
$13 a ekamye %R etmerskip
*tkeffee8 *rans~erfed7
e&y
&
exeegk
a div&eSed
&a *ke preperky
if:
and results
-is between or amonp co-owners
in the method of
but does not result
-a-- holding title
I_-
--(I)
The transfer
in a change
-in a change,determined
-interests
held
a partition
by a value
--
b2 the
co-owners
-of -a tenancy
terkst
and after
of
e- the
joint
--(3)
interest
to the
--
the proportional
transfer,
such as
--
-in common, -or
such creation
or transfer
any joint
the
tenancy
transferor
in-
is one
--
tenants.
The transfer
creates
or
- transfers
d co-owner's
spouses.
The
---- transfer
common oracommunity
terminates
aJoint
tenancy
tenancy
_.. A--_.-__
__-__-..- ___-__
-____
__._._.
property
spcm-se in connection
or decree
prior
or transfers
between
(4)
comparisor+to --
creates
(2) The transfer
_I-
former
or
purchased
in the ConTo
share
lb)
.
r
1. '
.<
suk?dfvfs9sn
land
of dissolution
interest
but
is
in
to a spouses-or
with a property
agreement
-.--------I-- I-_ _-. settlement
._ ._.^-___________
_
of a marriage
9
or legal
separation.
-_
._
--
lo/w79
.
.‘
‘
*
(5)
~kc-trans~er-termfnate~~a-~e~~t-te~~ey-~d-~et~*s
#e~-e~~gi~a~~~-~~~eed-Pt-~:Pn-~ein$-lt?ea~way;-
The transfer
terminates
in a joint
an original
described
in
(b)(2)
transferor's
above and the interest
law in whole or in part
It
shall
joint
be rebuttably
tenant
originally
placed
tenancies
other
above,
after
than an original
transferor's
or to all
that
each
as of March 1, 1975,
the interest
received
on
to joint
March 1, 1975.
terminates
feror(s)
of
transferor(~).
is not applicable
The transfer
and the interest
tenancy
by operation
original
in property
tenancy
This presumption
vests
by the assessor
an interest
in joint
created
(6)
in the remaining
presumed
holding
termination.
interest
a joint
interest
is transferred
the remaining
tenancy
interest,
described
to an original
joint
in
(b) (2)
trans-
tenants.
For
transferors
Note:
joint
tenancy
rather
than
during
shall
also be considered
The statutory
tenancies
change in ownership
for
consists
tax purposes
of separate
than a single
-(7)
five
for
afforded
that
of the joint
is of an undivided
provided
any assessment
accumulated
treatment
contemplates
estates
transferors.
a joint
tenants
estate.
The transfer
percent
original
the
year
purpose
that
transfers
to affiliated
of determining
interest
of
less
of such interest
transferees
shall
the percentage
ferred.
10
10/12/79
be
trans-
1
For nurooses
shall
include,
of this
but
not
by blood
or marriage,
business
associates,
under
.
subdivision
be limited
other
common ownership
to family
than
partners,
affiliated
transferees
members,
the transferor's
joint
or control
related
spouse,
ventures,
corporations
or any combination
of the
foregoing.
When the
assessment
accumulated
year
total
interests
five
transferred
percent
interest
transferred
to a spouse,
property
represented
by the
or more,
only
any
exclusive
that
accumulated
during
of any
portion
of the
interests
shall
be reappraised.
(c)
A transfer
(d)
The creation,
able
possessory
term
is
whether
of equitable
renewal,
interest
a change
for
by a reservation
exempt
fef
(e)
the
riqht
real
or not
as
in ownership.
or assignment
exempt
except
real
property
when the
or an estate
for
deeding
of a taxfor
any
interest,
life,
is
created
the property
to a
entity.
sublease,
ep assignment
use and possession
and the
trazsfcr
constitutes
of
the
a change
or
- termination
of
taxable
lessor's
or nentaxPtbS:e
interest
in ol-nership
of
in any
of rca3
prepert~
foliosas:
sr-btease
The creation?
er af
a 3eese
er' a te-rm 4n eksess
&Fikerest
tax
in an instrument
to beneficial
proscrty
iptterest
years
The creation,
leased
(1)
in
governmental
property
is a change
sublease,
in ownership
an estate
tax
title
ef
&35ai3&eFseCir
or ass+qlsmenk
sf
a taxas3tc
ym3aessery
%E Fea& pF=epeFty &SF a *earn 8~ Cke remekder
&:9 years
of
--
$53 a ekanqe
a leasehold
11
interest -
&a an~lersk~~
in real
--
10/12/79
a&-4zhe
proocrty
for
5
.
<
. .
. .
a term
--I_-
35 wars
or T-.oye or the
--:-a rernainizg
terg of 35 years
-mm
with
---
of
leasehold
is
--
’
interest
a change
-in
which
transfer
of
--
a leasehold
or more or the
----&-..__A
had an original
--
----term
of
interest
tcrnination
of
35 years
or
c- more
of).-enrship.
(2) The creation
sublease
e2? k.ke &ease
remaining
is
in
term,
a change
in
-4k$ wle
of
taxable
regard~eZ3?3 Of the
options,
of
--
less
than
Wrrn
p?i.th a.
-3fi Year?
ownership*
h,tr&?nG!cr 35 El 3_e34,93+-3 4nterPcst
43 a ~ea~c $+3y ikt3 years
aI+3
-in taxable
a lease
subiec- t Ato .__
prorlertv
renewal
including
interest
a ~CSSOP'S
real
interest
%te-lpca~s
with
a remaining
term of less than 35 years,
including
-9
-mp-options,
is not a change in ownership:
regardless --- of the
term of the lease.
--_I
(3) The transfer
a leasehold
a %:eetse far
Property
'
of
--
of
*fi *ana?Ae
Original
p~eperCy
or assignment
bP &sS
renewal
a
praperty
32 4he entire
&:easehs~d
3~ 5~33 is
seY ‘cet
k-3 prsperty
w ehmgc
tran,- -~'eYed~
in
3WBepf-
ine&tnding
the
~nb,er~s~t;-
te+ elnc 4frt?t?!.3sc3yg+ .!t &33i?esr~a iFltere3t
43 py3?ty
*f3 gne gy mgye &:eat;iles fifi exeef3s gfE &tg ycayn
12
eub+=~
@l+i gRk% 6P
10/12/79
.. ’
,
t4f se 5;‘CAPS 3,’ &cc33 ia
mcxfe $mslefJ
+x3 tkc
ship,
o+ 4he
exten4
revers$awapy
in 4he p~q92~tyirt+jeet 40 the
end
tg
.
48 yertrs
i.ac&w2inq
4he ex4enb
Q’ne 3eestk3~:d
rt3b=jeet
4s a”lc se%SF-f3)
E e:‘aetnye ?i:n 3meYQn%e~est-f3$
in
3~ea5&+
3$ Che pmperty
exec95
35
4ran?3~exxcd~
inCePeJCfs+
ipk 4he prspexty
‘35 36 years
OP 3eT337
.
The transfer
property
which
-pm---
subject
is for
or
--- more
H&CT
a period
-_-
z change_ of
fhc determinatian
section
shall
It
shall
not
of
-I_- the
include
in
of
-7
only
and one
35 years
to the
-m
to a lease(s)
--
or
extent
of
--- less
than
Star a 353asa e?t
skal% lx? pt3P3tlaat ct.3 t?lc pruvP3&ens
options
fact
term -of a lease
written
be conclusively
the homeowners'
renewal
-35 years
23 ati! 4h',i3 eedc7
The calculation
for
ownershin
real
taxable
one
M---v OK more of
35 the te:lm of pesses3iun
Q Ces&33e pas3es3aL *-J fz?-terest
of 6cetisn
than
-
a period
subject
in
leases,
of
I_ pless
is for
---
m
the
interest
to multiple
of which
is
--
moreP
of
--
of
--- a lessor's
exemption
on the
such renewal
land
renewal
presumed
which
exist
purposes
that
all
35 years
in
homes eligible
land
have
whether
any contract
or
or
agreement.
13
of this
--
options.
are on leased
of at least
options
for
10/12/79
=@+ uforeclosure.
(I)
or deed of trust
Mortgage
change
a sufficient
(A) After
in a-mership
the Period
not
has
cause
Deed of trust
tne
(3)
right
the
of
- possession
vests
shall
as of the
mm-
in the purchaser.
-in lieu of a trustee's
--m-
by
-- a trustor
constitutes
a change -in ownership.
sale
A Cax e2&3 kf3 We etato
39eap3w&sa&~
kmt$ 2 se&e by Che &ate
35e2ppraifm&r
ame
sale
has takef3 p3aee7
se&e
stn& tan e&er
arig&~ta?
Yne original
by trustee's
+t+ Tax de&
ease
in
in interest.
& transfer
foreclosure
is
has passed and property
vests
foreclosed
asker
action
or
when title
successor
a reappraisal
date
PF
redemption
been redeemed,
debtor's
by judicial
only:
of
(B) Upon redemption
(2)
foreclosed
The
redearns
reajjq3saieaA
gE9m
kke
w&U set oawe
eE Law-deeded
w&U
et&e
take
pS;eperQ
wi;bl
wketbn;
the
phaoe
ei5 a mw
purcrkases
ewaes
firem Cke sk&et
i% CkGlR~Q 6X4 G*XZlQS&&3 Gc6UXbi; UPOR ths?
-LQ 2hGxS v&v*03 tFU6L
ereak&sn
9s
423evasabBa
the
hzlaa%
skacqa
et2
a&
a
ia
by
c&?&e
t.he
&Rew%3&
v&w,
ag ~322 page~%.y
4a7 a r;evs?aab&e
S&m$&as&yy
4Ft35&?
b&3
~%933~9~ QeAeb&&-d.%ea a oka.aya
ame~:t~k4p
ps?eedena,
BajBBS@
am2 hke Csmde~
daes
82-tbarest
$9
bke
nak
83sm~~
~&&ah
&.wf?dia~e
14
eMAk3593
bsievesj
in
up5
2nd
af
swReaek4p*
Cks
dCk9 ah-s9ez
paasees&aa
E%vesatfs#
afe
~3ee3szkkiimt
wZ3aC
eR+pi?swIE
10/12/79
A
x-f33
95
a
s&Y
.
rescltin~
sale to or deed to s-?u -1 state
----II_-shall
not
-_L- be considered
state
---m-10_--
is
2 change
-tax
from
--.-
delinquency.
be the
and redemption
by the former assessee
1-Iclanqes
However t 5
-in ownership,
s
~t..~%her to the
-in otvmershfp
Transfers
original
requiring
OP’@O
----A-' a net,~ owner
cxmer
reao-praisal
as of the date
----u-w-
the sale.
em-fag Qg
reaX p- rapert
and temlnatio2,
- creation
Trusts
is a chanqe
--
y* --.
to a trust
&J-J E
transfer
of
in owna,rship 'w--w
at the t$mc of
--
transfer unless:
(AT The transferor
or
_)__Ithe
beneficiary
present
The transfexsr
EfciaP
&
interest(s)
trustor
a
the
transferor's
of
(A),
of a trust
--
ownership
unless:
(Cl
UN
exercise
appU.es
of the
---
l
thereof
was
----- for
constitutes
less
the p ropert y reverts
'S spousa 0-r I_(B) the exemption
transfers
and meets
another
E
or p ortion
trust
applies.
transfers
to
-
(B) t
--(A) the
and on termination
--
or
-w the trustor
ifitersp0usal
interspousal
is from one trust
---
(2) The termination
_Iduratiion
and
--IU_Ithe bena-
does
not exceed-- ',2 xears
--
created
afforded
the requirements
years
the reversion
duration.
(E) The transfer
in
or
-
or
-
retains
(I)) The exemption
z chanz
spouse -is the
of
-- the trustl
is revocable,
(B) The trust
(c
transferor's
or
-right
(C)a termination
of
than
to
I_- the
afford&
results
revocation.
10/12/79
from
12
of
--(3) A change
--(A) a revocable
when:
transferor
or-the
-_I_
present
beneficiary
nor
--
transferor's
the
revocable
39% (i)
trust
of
-
becomes
transferor's
w
is
--
a present
zeal
is held
5 partnership
constitutes
pas?taera
05
regardless
(j)
stock(s)
E
-or becomes
the
the
transferor
of an ir---
in
fseal
eo z%%mz
the title
in a
--
or
gkoperty
entity
preptrty
5s enned
ail~.PCien
a ekange
The purchase
in
eP
0mez-
or transfer
Eartnership(s)
continuing
of partners,
reference
in real
--
e~td my
e013st&b&s3e
to
or in the
or without
person
PaitntrshPp
p?&m!ty~
op deletion
_irs partnership
with
partnersk4p
Cke3~&0~e~
interest(s)
Cor>orations.
of whether
any other
in ownership.
tks Ceaa~ts
addition
is contributed
of any_ interest
5 partner
BHte pa&2iaePek&p
the
gmershig
the
beneficiary
partners,
The transfer
a p~t~989p~
an ownership
e-q,,
unless
in the name of the partnership
a change
dek3Bbaa
of
-s
occurs
or which is acquire&
by
-a partnership
by the partnership
is a chaxqe in owner-
property,
to the partnership.
ee
also
(a) neither
which
prsperty
name of one OP more individual
&i&p
remains
or
--
Real
or okhmwise,
of swh
By the
irrevocable
trust,
spouse
gewwd .
the property
'
property
spouse
of
-- the
Partnership.
.
purchase
&
trust
trust.
3 3&$fe$
ship
-in ownership
is not a chawe
---
in
m-opertv.
--(1)
The purchase
is not a change ipI ownership
---
transfer
f-n corporate
0
gz corporate
ppo~Pt~
unless :
10/12/79
.
I
.
--(A) The stock
c3cpz-hSl~-*e
-is -.in .9_ ---- - --.-
as defined
-^
&
Taxation
Ectior:
--
Cede,
elusive
c--
ri_gh<
or
-- a -portion
(2)
partnership,
person
transfers
obtains
stock,
Wamsfers-
control
*
other
legal
entity
or
of one or multiple
of more than
exclusive
real
_L_
fncl&fnq
corporations,
ths -wexw-m
c6%p~>~z~cs: a-.-px-‘aPere’*~
-e-s.
as the result
of another
of
--
to
.--
cm:eys
thereof -.c $E
any other
directors,
transfer
---I_y-
cccx?,nancy
-a,--
(B) One corporation,
voting
-?sgEzation,
17255 of
the -e-e
I2evsz:u.e -and
-- --
and -..the
--to
hozsi7.q
--_I
of any shares
50% of the
owned by
corporation.
~rqsest~
02 arzxz~ affifia'ied
SeMeen
k "l:n,sss r;i&e
to achieve
-__l_sn..I_-
E corporate
cxqxm?b,lon
w
!zzXzz~
EoXja-
-u_L
(A)
-I__
The
V@kixg -* ---yu
St&k
Qf
+-SC
the
-
~2~ k.&2
‘izansfaree
----
t3Wl?%?d rti4z
’ n PC ’ .I9 2. Ca>~:‘~i~~~~:J c<I? ,~~:!..T:C;~~
z<
_-__..--..-u
--a
z& _ _._L -..--ownershic
--(3,) T&
*
-to
-a ccxrmx3
--
co;nnnon oarei?t
b
votirtg
or chains
-_I---
Pstock
of
gx?mfer
Eporation
J-T*
are
--3tch ..k
d
an
parent:;
d-c-.e.-m.-a....
-.e
ccrf3or;:ti.CjZ
.c-_I
of
a$ Iii
_u cre&atecl
5h.z
0s
OW?Y
g-0
a___ d?,B9e@tl~
-corporation
in the
--_M-
carpsaat%~n~.
----
17
10/12/79
$32 *
chain
each
SIMPLE
EXAMPLE
PARENT
CORPORATION
All
underscored
OWNS
A transfer
other
property
of those
corporations
by P, A, B, or C tr, any of the
e.g.,
.
a transfer
by C which is wholly owned by A and B to B which is
*
wholly owned by A and P would not be a change in ownership because
0
three
of real
50%
relationships
would not be a change in ownership,
and the fact
--(3) The purchase
cates
in a housing
--
vided
the requirements
or transfer
cooperative
stated
P
otms
of
stock
-
100% of A.
or membership
certifi-
is not a change in ownershi?
---in subsection
(a) of this
---
pro-
section
are satisfied.
(k) Interspousal
of Sections
not
shall
limited
transfers.
E
throuqh
include
Uotwlthstandinq
any other provision
.
471 of this code, 5 change in ownership
---
any intersDousa1
transfer,
including,
but
-w not
to:
_(1) Transfers>0 -or the
--
a trustee
surviving
trustee --_I_of
for
-e
the beneficial
spouse of
-- a deceased
such a trust
use of a spouse,
--Transferor,
to the spouse of
-- the
-18
02 b-1y.5
trustor,
10/12/79
.
(2)
Transfers
(3)
Transfers
which
settlement
The creation,
transfer,
in
2 spous6;
connection
of
-
with
dissolution
or
or
- termination,
solely
between
interest.
do not
transfers
of
or
- decree
separation,
any co-owner's
The following
death
spouse
agreement
or
- leqal
of
-
upon the
02 former
of
II- a marriage
spousesI
-fw (1,
effect
--I to a spouse
a prc2erty
14)
take
-m-
constitute
a change
of
ownership:
(1)
The transfer
+5+
--(A). Any
of
bare
transfer
title
with
the
sion
or profits.
hm&ty
-fS+ (2)
f4+
6~ jaGIt
Any transfer
caused
to the
Arty transfer
enehsive
property
of istaek
whSe)l does
right
net
to
or portion
creation,
the
purpose
assignment,
interest
use,
to ereatc
not
coupled
occupancy,
posses-
er tcrmfnate
a eem-
tenane_Y Qnterest-;
by the
of
substitution
a security
or emarrg =jeint
inve3mtary
Any transfer
t&Se
terms
between
V&UBtaY~i
f3+
transfer
pre;serty
pursuant
in the
to irrmediate
for
property.
of a security
right
fnters>ou52&
e.g.,
assessce
to the
resulting
transfer
or rccozveyance
33-f -*fr
title,
to an existins
Of perfecting
-fGJr (3) ^Aillr’
legal
of a trustee
or trust
tePtants
instrument.
whether
or by eperatiem
e5 %:a~-;
of ct carporation
vt~tcd
convey
aeeupaney
ta the
with
transfertcfa3
and pa3sessian
the
of the
thereof-;
19
&ege3
10/12/79
Pea&
1
.
. .
Any transfer
by an
- instrument
transferor,
estate
’
whose terms
for
years
estates
both
section
relatinq
spouse or
----- both of them an
or
When
such reserved
-- an estate for life.
--
terminate
and if
-m-
otherwise,
of
-- this
transfers
a change in ownership
shall
or other
transfer
of a group
or
- units of participation
COIWIIO~.
trust
fund, or
- other collective
be
-
of
-- the shares
trust,
pooled
investment
fund,
fund
established
---
IYJ a financial
A~J contribution
of real property
to an employee benefit
--creation,
vestinq,
transfer,
distribution
2,~
plan
or
--
the
institution.
of
or beneficiary's
-- a participant's
shall
in such a plan.
The terms used herein
--termination
ascribed
meaning
Security
to them by
--
property
following
=@% 6a&ew
havs
--
the
Income
Act of 1974.
l
--
as
of the date
dates
shall
!Phe-data
in an esc-raw
eantraet
interest
Employee Retirement
For purposes
f%-+ (m) Date of change in ownership.
the
do
occurred.
redemption
Any purchase,.
the provisions
and interspousal
to trusts
deemed to have
real
to
the transferor's
not rxovide
(5)
reserve
of
of change in ownership
of real
.
a31 panttiesf
have
been
20
.
property,
be used:
instrkietkms
or the &ate the ca3enliah
cm&e
of reappraising
have bcert met
&emenka-a5
mtts
10/12/79
a
3En the event
rceardatfan
Sales.
(a) tJhere
-_I- the trznsfer
shall
change,
-
W-is
presumption
2?=different
structions
of
--
$49
Snter
cnteated
p artiest
-is accomplished
the date
-I__-
presumption
the
and/or
transferee
beneficial
in-
elements
bx an
-. unrecorded
obtained
use shall
of ownership
rn2 be rebutted
&
the
bz rebuttably
change.
evidenccl
right
This
proving
a dif-___I
date.
The date
death
all
proving
have been met.
presumed ----to be the date
Inheritance
of owner-
by evidence
be the date
to
of sale
e-c----
to possession
(3)
recordation
have met in escrow -or the essential
---
document,
Leases,
evidencing
-is evidencedb2
may be rebutted
--1,3
(_h) Where the tva"Pfer
(2)
deewwnt
presumed -----II_
to be the date
date
-----w
a contract
ferent
be &seep-
document, .--m
the date of recordation
be rebuttahly
ship
cannot
she&S be the date of
of the deed or s5mihr
of
--_II-a deed or other
of
detcs
the ekangc 4n ennership
tained7
(1)
the foregoing
that
the
(by will
of
vives
the
lessee
or
has the
right
to possession.
succession).
intestate
The date
decedent.
trustss.
er revoked
Yhe date
by the
21
the
truck
Pnstrmcnt
trastar:
10/12/79
is
.
..
(4)
.
Trusts.
(A) Revocable.
(B) Irrevocable.
The date the trust
The date property
NOTE: Refer to subsection
(h) for
22
trust
becomes irrevocable.
is placed
transfer
in trust.
exemptions.
10/12/79
.
.,
m
NEWLY CONSTRUCTED PROPERTY
Rule No. 463.
-M
4l
value
of such
value
underline
)
for
value
adding
the full
value
full
0
J
on the
value
of preexisting
taxable
portion
whether
taxable
will
This
only. that
constructed,
constructed
“newly
date of completion.
1
-is newly constructed
ascertain
the
thereof,
(a) When real property,
or a portion
---P
after the 1975 lien date, the assessor shall
full
All
’
it
establish
of the property
total
property
which is newly
shall
reduced
be determined
to account
is only
"Newly
constructed"
the
for
The
construction.
that
value
from the new construction
and does not include
----I_
not associated
with
the new construction.
I_fat+ (b)
by
to the taxable
removed during
of ne:q construction
The
or alteration.
of new construction
property
as of the
a new base year full
is an addition
-2 .;;e of property
value
property"
02 "new construction"
resulting
value
increases
means and
includes:
(1) Any substantial
i
All
u+der'?line
cluding
for
fixtures,
the purpose
gutters
addition
to land
such as adding
of !kandScapfngi
ment so as to add horizontallv
as
---- that
in-
land
than
fill,
retaining
or sewers to land or constructing
ing or swimming pool or changing
square
or improvements,
footage
or -to incorporate
term is defined sin this
23
ekker
walls,
a
an existing
or vertically
an additional
curbs,
new build-
improveto its
fixture,
section.
10/12/79
1
.
.
*
:
I -(2)
A>
substantial
constitutes
results
physical
a major
Site
establishing
Altering
the way the property
is
to land
of
rural
or
used.
to be considered
land
a residential
dry
rolling,
a vacant
In any instance
erlP -nc
land
new
for
the
purpose
of
subdivision.
grazing
land
to level
irrigated
land.
Preparing
All
which
are:
development
crop
in
of
land
the
of alterations
construction
of
I-
rehabilitation
in a change
Examples
alteration
enough
in which
to require
alteration
lot
for
use as a parking
an alteration
reappraisal,only
shall
be added
is
the
to the
facility.
substantial
value
base year
of
the
value
of
the
i
pre-existing
land
value
by appreciation
than
caused
or improvements.
new construction
Increases
or a zoning
shall
not
be enrolled,
1.
Land value
1975
=
$10,000
2.
Land value
1978
=
20,000
3.
Value
1978
=
5,000
=
75,000
=
90,000
4.
of
alteration
Value of structure
added 1978
1979 roll
(1+3+4)
value
24
-
-
in
change
for
land
rather
example:
(must be adjusted
to
reflect
appropriate
__
indexing)
10/12/79
.
to land wkich*do --or which do not
Alterations
habilitation
way the
property
the
or changes
structure
that
ecruivalent
wav it
it
the
for
the
annual
interior
or the
or
the
(5) Any sub'stantial
substantial
tution
e.g.,
of the
physical
the
substantial
any change
of the
in the
that
makes
Only
the
alteration
shall
indexed
base year
value
cfualify
as "newly
con-
painting,
addition
land
replacement
of
e.g.,
or
roof
siding
to improve-
of worn machine
parts.
rehabilitation,
renovation
any fixture
equivalent
and repair,
of aluminum
physical
of
pcriormed
of agricultural
replacement
modernization
used,
maintenance
preparation
or exterior
coverings
portion
or reconstruction
of normal
purpose
routine
ments
tkat
is co-".str*y,ction
structed"
the
structure.
alterations
from
con-
or portion
or a restaurant.
cost,
the
to the
to make it
appropriately
pre-existing
(4) Excluded
which
to a warehouse
necessarily
in
re-
in reappraisal.
thereof
without
store
not
of the
1
is
structure
as a retail
be added to the
/
\;
been altered
had
of a noz building
usable
result
the l:av in \Thich
is use6 or alterations
value,
' All
underline
not
a new structure
of
to an old
alterations
in a change
or any portion
equivalent
thereof
a major
of any improvement
improvement
substantial
constitute
result
used shall
alteration
(3) Any physical
verts
is
not
which
converts
of a new fixture
it
to the
or any substi-
of a new fixture.
Substantial
comparing
equivalency
the
shall
productive
be ascertained
capacity,
25
normally
or
by
expressed
10/12/79
(c)
-in
units
to
its
B
hour,
original
or augments
the
rehabilitated
productive
For purposes
an improvement
of
--
of
this
capacity.
section,
"fixture"
whose use or pur?osc
the
process
fixture
is defined
directly
or function
of
as
applies
a trade,
to
industry,
or profession.
(d), New construction
appraised
0All!
anderline
at
progress
in
its
full
value
date
thereafter
until
time
the
portion
entire
structed
shall
(e) For purposes
the
date
for
use.
this
to the
propriate
is
all
of
the
date
his
contract
of
the
whether
of
final
the
official,
date
the
-of
completion
is
real
or
testing
consideration
in the
contractor
in
the
a
or
shall
by the
ap-
absence
of
fulfilled
case of
of machinery
equipment.
26
is
available
property
inspection
or,
con-
value.
of
use,
the prime
obligations,
completion
date
be
at which
is newly
full
thereof
for
the
its
shall
and each lien
which
the
available
governmental
inspectidn,
at
or portion
date
date
of completion,
section,
property
thereof
be given
date
of property
In deternining
portion
such
the
lien
on such date
be reappraised
of
the
on the
10/12/79
fixtures,
and
m
Newly
*.
constructed
I
which
is
reconstructed
value
of
such
tially
the
Shall
1.
Xl
underline
value
1
a
Enroll
the
if
the
Item
1 above,
For
of
the
value
any newly
of
yestored.
found
cons tructed
new construction
purposes
value
less
of
than
the
asseE;sor
taxable
adjustment,
or
restored
property
the
value
above
plus
if
is
found
in
this
in
Item
1
property
it
the market
determined
has occurred.
subsection
reconstructed
only,
or repaired
and wbch
l
use and quality
is
former
inflation
market
value
its
the
or
Enroll
value
at
appropriate
current
market
equivalent,
.
restoratIon:
property
the
the
current
full
restored
or minus
Enroll
its
noLL substantially
.
date followlr,g
are
lien
2.
that
property,
to
on the
plus
3.
I
values
not include
real property
.
the full
a disaster
where
is substanas reconstructed,
.
the disaster.
value prior
to
after
real
equivalent
If
does
-_L
property
to that
1s substw
.
which
27
existed
newly
in
.
constructed
a timely
manner
11-9 e 0 uivabent
prior
to the
property
fohlow.
.
X-
disaster,
10/12/79
.
\.
(9)
1
For
property
sult
under
of disaster
completion
of the
All
underline
as of
reconstruction
which
of reconstruction
land
the
and existing
date
of
the
completion
1
transfer
in
equivalent"
following
be determined
accordance
test
but
with
without
normally
shall
in ownership
or restoration
the
regard
applicable
as a rea--
prior
or restoration,
change
shall
new construction
ownership
improvements
the
of any reconstruction
ing
changes
or
- restoration
;?hich
to the
the
v,alue
be determined
but
tJ-$ value
.
occurs fo1&-
as of the
date
provisions
applicable
to the
"substantially
-to property
to
reconstructed
a disaster.
28
of
10/12/79
1
s
.
.
Role
No.
464.
Article
XIII
A does
as
not
1,
July
exemptions
Code)
repeal
1978.
applicable
*
EXEMPTIONS.
110.6.
any
The
Re~enve
property
tax
property
to a specific
and
tax
exemptions
rate
property.
Taxation
Code.
granted
sholi
Examples
or authorized
apply
to the
of the
application
by the
current
toxoble
Homeowners’
for
exemption.
Veterans’
exemption.
of the current
taxable
assets
contains
rate
The
will
for
to tile
current
Disabled
qualifying
tax
sum
less
of
25
rate
reconsidering
toxoble
value
percent
of
of the
the
are
of taxable
value
ond Toxation
property
tax
of the exemption
of property
value
taxable
of property
exemption.
taxable
in Revenue
the veterans’
the granting
vo!ue
to the current
applies
the
qualifying
prior
for
the
assets
Code Section
110
exemption.
Article
to 1978.
veterans’
The
ond
for
100
non-
XIII
property
exemption
veterans’
for
Adopted
the
exemption.
disabled
Juos
The
veterons’
29, 1976,
eflactiva
property
pratperty
July
tax
tax
rote
opplics
exemption
to current
taxable
the
of the
less
volue
value
A
tax
less
of
the
3, 19711.
(Cal.
A&Y* Code) NC'NPROFIT GQLF COiiRSES.
When appraising
real
proper ty used exclusively
course
in aceox~ancc
Article
purposes
XIII
of the California
for the 1973 lien
--------property
date
on the basis
to any mineral
of the date
to anli of
--
XIII
A of the California
--em
lation.
ascertain
plus
the
provisions
Constitution
29
golf
of Section
the value
the full
un2er
norqrofit
the assessor
~3 of the appropriate
qualfficd
for
the provisions
Constitution,
of such use,
such property
regard
witil
and t!lereaftcr
rights-7
property
exemption,
Rule No. 465.
without
any
exemptions
the exemption.
of
History:
property
exemption
full cash value ps defined
determine
the limitation
for
no provision
applies
The
the homeowners’
percent
va!ue
less
t
,
qualifying
(b)
Constitution
value
of partiol
follows:
(a)
(c)
‘,
110, 110.1,110.5,
before
or
Adm.
Secfions
Reference:
on
(Cal.
‘
. .
value
10 of
shall
of such
attributable
base year-r regard3ess
tke eenstitfltian
of Section
or
-- its
prev*&ens7
2 of Article
--
implcmentinq
10/12/79
leqis-
1
(Cal. A&n. C&e)
AND VINES
Rale No. 466.
~ALOATIDN IiND ENR6LLFIE'NTOF TREES
i3~* Breee 7 v&aes7 Btlskef3-f 8~ 6Cher
Fke base year vague ef g33.&+ a&
f?eFeim&a&s wkept p?;ars%ea &Ff erekar& 7 qmve7
or nut enforceably
restricted
652 vineyam
&3m wketke~
be the most recent
shall
of the
following:
All
strikeo-tit
4
(a) The full
value
as of
(b) The full
value
as of the date of planting,
(c) The full
value
as of the date
The full
value
of
the 1975 lien
and vines
trees
t3ana kit8tian
Gfien date
fa3&eGng
the expGrRt5en
All
and nut
--
orchard
All
under-
subject
be valued
for
nually
valued
regard
to the provisions
California
annual
percent
respectively
-be exempt as provided
enforceably
to the provisions
in
by law.
-_I_
trees
exempt
and thereafter
of section
mt%3 Chc
and vines
as foPlows:
restricted
shall
of section
2 of Article
be an-
470 herein
XIII
without
A of the
Constltrltinn.
(b)bThose
cnrollcd
pursuant
Section
XIII,
05 4ke cxempt*on-;
previously
in land
by Article
when planted
the 2.979 date
(a) Those planted
line
a>5 vines
to tax,
or
sket3S not bc cnraScd
fo rn shall
or vineyard
Upon becorzing
shall
treos
.
of a change in ormership.
exempted
3 -fi+-; 05 the State
fruit
date,
planted
at their
increases
in land
base year
not
value
in the consumer
or at their
--
full
value
for
---
enforceably
restricted
appropriately
price
index
the current
adjusted
not
to
lien
exceed
date,
is less.
30
10/12/79
shall
be
to rcflmt
ixo
whichever
c
(1)
w--
The base year
enforceably
subject
to
commercial
valued
on land
the
I
not
original
and vines
shall
---
unless
base
than
year
trees
on enforceably
enforceably
which
the
as provided
same base year
Ibe1975theirin
case
production
annually
taxation
other
Perennials,
trees
restricted
in which
(c)
for
land
value
base year
be the
that
year
is
1975.
year
they
was prior
to
restricted
land
shall
they
are
If
470.
shall
planted
as of the date
after
for
be valued
lien
of planting
1975
their
be
planted
and have
date
shall
value.
31
not
became
planted
they
unless
in land
---
and vines,
section
restricted,
as the
case their
in
planted
10/U/79
Rule 467.
(Cal.
the 1979 lien
-__L-ppy__
date
For
the f&A
value
of all
in Section
21 of this
as of that
date.
to
March i,
the date
value
full
granted
by the
e
as of
(
be appraised
of the renewal,
or assignee
.
ur assigned
any term shall
interest
of the completion
for
of
any reason
ewrent
ypr0priatel.v
prepared
full
extension,
obtains
the right
in
to a value
that
of
that
covers
lower
with
is
less
&a&:3: rcfket
to the
-m--w
value
32
shall
lien
shall
are
than
be valued
as
interest
its
in
one lien
date,
.
4!t&& cask
for
be enrolled.
10/12/79
which
.
course
cIteck&nes
+!VZQ: dcekkiple
datd
the
-4-63.
Section
than
the rights
When improvements
more
any possessory
that
adjusted
in land
interests
accordance
assegtvmnt
of exercising
of construction.
a period
value
held
posscssory
the
be appraised
current
is beiq
subsequent
value
subleased
the purpose
for
possessory
of co.nstruction
the
extended,
as of the date
erected
holder
shall
renetrzd,
the sub-lessee
by the
value
full
1975,
or use of the property.
of the date
base
to March I,
their
at
ascertain
as defined
newly created
be appraised
&n efceess eg ten years
fiTew improvements
for
interests
prior
interests
shall
.
interests
occupancy
Xf the
pnssessory
code and created
shall
Or as of the date
, they
taxable
the assessor
of creatidn.
at their
owned
and thereafter
Possessory
1975,
Possessory
7
'for & terlrt
to
TAXTIULE POSSCSSORYINTERESTS.
Adm. Code)
changes
trer3ztie
lsase year
$&
roll
.
As adopted 9-26-78.
Ruta
No. 169.
(Cat.
Adm. Coda)
MINES
AND
QUARRIES.
.
Reference:
Se;tions
110,
110.1,
110.5,
110.6,
Revenue
and
Toxotion
Code.
Organic
ond inorganic
minerals
and rocks ore natural
substances
of the earth, and are crassifisd
as fond.
The volume of minerals
or rocks of acceptable
quatity
fhat may be removed from the land
The creation
of
under existing
economic
and operating
conditions
ore classified
as reserves.
to real property
and the proreserves
by exploration
or by development
constitutes
or: addition
a removal
of real property.
duction
of the minerals
or rocks from a reserve constitutes
or quarry
is its base year full vofue adjusted
for the depletion of
(a) The full vclu- * of a mine
reserves.
The value of the depleted
reserves
shall
be determined
annually
employing
the economic
dato that applied
to the estoblishmcnt
of the-reserves
in the bose year.
(b)
The bose year
History:
Adopted
Amgnd.d
of new reserves
shoff
Jun* 29, 1978, sffsctivs
July
Ssptsmbrr
26, 1978, offactivs
be the year
3, 1978.
October
33
in which
either
development
or mining
2. 1978.
10/12/79
occurs.
.
Rule No. 470,
Reference:
Al!
SCC~~ODS
open-space
110,
lands
110.1,
110.5,
110.6,
“enforceably
and Toxction
Revenue
ing
(Cal. Adm. Code) BWM-SPM?ET RNFORCEARLYRESTR%???%I"
PROPERTY.
Code
Revenue
within
restricted”
shall
Taxction
dnd
hove a base
year
Code.
the m=aning
restricted
of Sections
value
by one
(o)
If enforceably
ship,
the
restricted
base
yeor
full
prio:
to the
1975 I ien dcrte with
value
is the
1475
restricted
no subsequent
if on enforceable
restriction
is entered
into
subsequent
to the 1975
lien
dote and no
change in ownership
has occurred,
the bose yeor full value is the value as if restricted
‘in 1975.
(c)
If o change
in ownership
hos occurred
subsequent
to the 1975 lien dote, the base yeor
full value
shall
be the restricted
.vofue
redetermined
OS of the dote of the most recent
and Taxation
When
an
51285
in ownership,
regardless
of
the
effective
dote
of
the
enforceable
cash
open-space
contract
Government
vo!ue
as
shall
modiFied
be the
History:
restricted
Constitution
Section
current
property
of Part
---m-
Lose
Adopted
Amended
sx-tmencing
Pm
and
Taxation
onnuully
year
concelled,
the
full
annually
contract
Revenue
value
is
Code,
modified
on open-space
of the
mte.
restriction.
Subsequent
the
income
423
(b) of
land
attributable
the
Revenue
Code.
of the
When
in owner-
change
value.
AI1 base year restricted
values
shcrll be modified
onnuoily
by the inflotion
improvements
such OS wells
andlo;.d ieveling, will be valued by capitalizing
using
the ccpitolization
rote prescribed
in Section
to the land improvements
cash
follow-
(b)
change
426
of the
methods:
All
strike.
out
full
421 and 422 of the -
determined
restricted
pursuant
ccsh
by the
is not
f;fI
Juns 29, 1978, effective
July
September
26. 1978, cfrective
rate.
.mod;fied
3, 1978.
Octo’Jtr
the
the
provisions
lond
of
shot1
be
Sections
the
oppro$riote
the
provisions
51280
through
base
cash
be phased
value
The
onnuo!fy
vo1u.e
out
of the
of the
by the
under
Jond”
land
inflation
shall
be the
of Section
base
by copitofizotion
year
of
full
income
rote.
2, 1978.
with the 1979 lien date,
Pm-pursuant
to Section --8 of
shall in -the -case of
m open
all nroperty
CnforceahlY
--Article
XT11 of the California
__c--
space -land be valued for
tax purposes pursuant -to Article
1.5 (commencing with
421) or the unrestricted
base
year value factored
to the
--lien date, whichever m--m--is less and in the case of historical
Article
yeor
rots.
it shnll
“the
irrffotion
vcllue
to
of
inflation
renewed
Code;
by the
value
1.9 (commencing with
2 of the Revenue and Taxation
34
Section
439) of Chapter
Code.
10/12/79
3
When enforceable
renewal
as provided
Code, the full
value
restrictions
by the Government
cash value
as modified
are cancelled
annually
referred
by non-
Code or the Revenue and Tax&on
to therein
by the inflation
35
or terminated
shall
be the base year
rate.
10/12/79
_
L
.
1-
i
Rule No. 471.
(Cal.
Consistent
the intent
Article
with
XIII
Adm. Code) TPIBERLAND.
from the schedule
Taxation
medi*4ed
timberland
value
in
schsdule
Section
after
March 1, iSDO, &all
class
change
in ownership.
Values
determined
the lien
portion
date
thereof,
&&&aDkm
its
and
and &al%
be
board-adopted
schedule
in this
succeeding
vahe
shall
timberland
which
Chat value
January
changes ownership
class
1,
on or
from the board-adopted
in effect
section
as of the date
shall
Each year
following
ska&& l3e medi&ied
of
be enrolled
on
or a
enactment
hy the mmtia31:
FaBe+
36
be
site
the date when the timberland,
ownership.
ie
it3 ex-meEek4per!as that
base year value
be ascertained
value
changed
ef a new $ase year
date
most recent
by the Eoard on or before
as provided
next
has
51110 or 51113 of
schedule
a %kaftffe
fo r timberland
Base year values
site
which
fate.
462,
to be adopted
1980.
timberland
land
for the 1979 lien
v--p434.5 of the Revenue
value
wide~q3es
from the most recent
ascertained
sticfke
out
class
of
'7 19393 t&mker&aRtd T 93.5a pesB&e13 tkewixd~
632 eUm3fsi5,e
is defined
for
from the 4933 statutery
site
9~ e,r a&erz &trek
phrase
in Section
am3uaMy by the inf&.atien
p~ekat3ed~
All
contained
3(j)
and the legislative
to Sections
be ascertained
Code and thereafter
board-adopted
*&
Constitution
pursuant
Code shall
Government
of Section
the k~~ss: year value
thereof,
been zoned as timberland
the
of the provisions
of the California
interpretation
f
-
c
10/12/79