Section § 401

Explanation

In California, assessors are responsible for determining the value of all properties that can be taxed. They must assess these properties at their full market value for taxation purposes.

Every assessor shall assess all property subject to general property taxation at its full value.

Section § 401.3

Explanation

This law requires that the assessor evaluate all properties that are subject to general property taxes as of the lien date, according to the rules set out in Articles XIII and XIII A of the Constitution and any related laws.

The assessor shall assess all property subject to general property taxation on the lien date as provided in Articles XIII and XIII A of the Constitution and any legislative authorization thereunder.

Section § 401.4

Explanation

This law states that when assessing the value of a property that is an owner-occupied single-family home, the assessor must not assign a land value higher than what it would be worth if used strictly as a single-family home. This applies particularly to properties zoned exclusively for single-family homes or those in agricultural zones that allow such homes. An 'owner-occupied single-family dwelling' refers to a home that is the owner's main residence on the lien date.

When valuing an owner-occupied single-family dwelling and the land on which it is situated that may be required for the convenient occupation and use of such dwelling, if such dwelling is on land which is zoned exclusively for single-family home use or which is zoned for agricultural use where single-family homes are permitted, the assessor shall not value the land at any value greater than that which would reflect the use of the land as a site for a single-family dwelling.
As used in this section, owner-occupied single-family dwelling means any single-family dwelling occupied by an owner thereof as his principal place of residence on the lien date.

Section § 401.5

Explanation

This law states that the board must provide assessors data on property costs. For commercial and industrial properties, they must review and approve available data after a public hearing. The board also gives other information to help ensure consistent appraisal practices and assessed values across the state. Assessors can adjust this data according to local needs and use it alongside other legal factors when assessing property for taxes.

The board shall issue to assessors data relating to costs of property, or, with respect to commercial and industrial property, shall, after a public hearing, review and approve commercially available data, and shall issue to assessors other information as in the judgment of the board will promote uniformity in appraisal practices and in assessed values throughout the state. An assessor shall adapt data received pursuant to this section to local conditions and may consider that data together with other factors as required by law in the assessment of property for tax purposes.

Section § 401.6

Explanation

This section states that when valuing special use properties for taxes using the cost approach method, assessors cannot include entrepreneurial profit unless they have evidence from the market that this profit exists and isn't balanced out by wear and tear or outdatedness. Special terms defined include 'entrepreneurial profit,' which is a developer's expected gain beyond their costs, or the gap between a property's fair market value and its total costs. 'Total costs' cover both direct and indirect expenses like materials, labor, and permits. 'Special use property' refers to properties designed for specific, limited uses due to their unique features.

(a)CA Revenue & Taxation Code § 401.6(a) In any case in which the cost approach method is used to value special use property for purposes of taxation, the assessor shall not add a component for entrepreneurial profit unless he or she has market-derived evidence that entrepreneurial profit exists and has not been fully offset by physical deterioration or economic obsolescence.
(b)CA Revenue & Taxation Code § 401.6(b) For purposes of this section:
(1)CA Revenue & Taxation Code § 401.6(b)(1) “Entrepreneurial profit” means either of the following:
(A)CA Revenue & Taxation Code § 401.6(b)(1)(A) The amount a developer would expect to recover with respect to a property in excess of the amount of the developer’s costs incurred with respect to that property.
(B)CA Revenue & Taxation Code § 401.6(b)(1)(B) The difference between the fair market value of a property and the total costs incurred with respect to that property.
(2)CA Revenue & Taxation Code § 401.6(b)(2) “Total costs” means both direct costs of construction, including, but not limited to, the costs of land, building materials, and labor, and indirect costs of construction, including, but not limited to, the costs of construction capital and permit fees.
(3)CA Revenue & Taxation Code § 401.6(b)(3) “Special use property” means a limited market property with a unique physical design, special construction materials, or a layout that restricts its utility to the use for which it was built.

Section § 401.8

Explanation

This law talks about how county assessors in California should handle property tax values for intercounty pipeline rights-of-way, starting from the fiscal year 1995-96. Essentially, assessors are to determine the tax assessed value for each taxpayer as a whole across the county rather than individually for each pipeline segment. However, each segment must still keep its original base year value separate.

If there's a dispute over the assessment values not following the specified method, taxpayers can file an appeal. They must do so for specific segments rather than for their entire pipeline system. County assessors are required to keep detailed records of each pipeline segment for five years and provide these records to taxpayers if requested.

(a)CA Revenue & Taxation Code § 401.8(a) Notwithstanding any other provision of law, commencing with the 1995–96 fiscal year, the county assessor shall determine the property tax assessed value in the county attributable to assessable intercounty pipeline rights-of-way on the basis of a single, countywide parcel per taxpayer by combining the assessed values of each separate right-of-way interest, or segment thereof, of the taxpayer in the county. However, the assessor shall maintain a separate base year value as determined pursuant to Section 110.1 for each separate right-of-way interest, or segment thereof.
(b)CA Revenue & Taxation Code § 401.8(b) Any assessment appeal that is authorized to be filed in Sections 401.10 to 401.12, inclusive, with respect to an intercounty pipeline right-of-way interest, or segment thereof, for which the assessor did not assign a value in the manner specified in subdivision (a) of Section 401.10, shall be filed by the taxpayer upon one or more specified intercounty pipeline right-of-way interests, or segments thereof, as described in subdivision (a), and in no event shall be filed with respect to a taxpayer’s entire, undivided intercounty pipeline right-of-way. The assessor shall maintain for five calendar years those records for each assessment year that identify each intercounty pipeline right-of-way interest, or segment thereof, located within his or her county, and shall provide the information in those records with respect to a given intercounty pipeline right-of-way interest, or segment thereof, to the taxpayer upon request.

Section § 401.10

Explanation

This law sets how intercounty pipeline rights-of-way on either public or private land are valued for property tax purposes from 1984 to 2026. The values are based on a 1975 base year value, adjusted yearly for inflation, and are determined by property density: high-density is $20,000 per mile, transitional $12,000 per mile, and low-density $9,000 per mile. If a taxpayer has multiple pipelines in a right-of-way, 50% more value is added for each additional pipeline, but this total cannot exceed twice the original value for that section. If pipelines are abandoned, the valuation may decrease significantly. Taxpayers following these methods cannot challenge these valuations, as they are presumed correct, though if a different method is used, challenges are allowed. From 1996, reassessments to correct past valuations are permitted without penalties if taxes are paid promptly. This law remains effective until January 1, 2027.

(a)CA Revenue & Taxation Code § 401.10(a) Notwithstanding any other law relating to the determination of the values upon which property taxes are based, values for each tax year from the 1984–85 tax year to the 2025–26 tax year, inclusive, for intercounty pipeline rights-of-way on publicly or privately owned property, including those rights-of-way that are the subject of a change in ownership, new construction, or any other reappraisable event during the period from March 1, 1975, to June 30, 2026, inclusive, shall be rebuttably presumed to be at full cash value for that year, if all of the following conditions are met:
(1)Copy CA Revenue & Taxation Code § 401.10(a)(1)
(A)Copy CA Revenue & Taxation Code § 401.10(a)(1)(A) The full cash value is determined to equal a 1975–76 base year value, annually adjusted for inflation in accordance with subdivision (b) of Section 2 of Article XIII A of the California Constitution, and the 1975–76 base year value was determined in accordance with the following schedule:
(i)CA Revenue & Taxation Code § 401.10(a)(1)(A)(i) Twenty thousand dollars ($20,000) per mile for a high-density property.
(ii)CA Revenue & Taxation Code § 401.10(a)(1)(A)(ii) Twelve thousand dollars ($12,000) per mile for a transitional-density property.
(iii)CA Revenue & Taxation Code § 401.10(a)(1)(A)(iii) Nine thousand dollars ($9,000) per mile for a low-density property.
(B)CA Revenue & Taxation Code § 401.10(a)(1)(A)(B) For purposes of this section, the density classifications described in subparagraph (A) are defined as follows:
(i)CA Revenue & Taxation Code § 401.10(a)(1)(A)(B)(i) “High density” means Category 1 (densely urban) as established by the State Board of Equalization.
(ii)CA Revenue & Taxation Code § 401.10(a)(1)(A)(B)(ii) “Transitional density” means Category 2 (urban) as established by the State Board of Equalization.
(iii)CA Revenue & Taxation Code § 401.10(a)(1)(A)(B)(iii) “Low density” means Category 3 (valley-agricultural), Category 4 (grazing), and Category 5 (mountain and desert) as established by the State Board of Equalization.
(2)CA Revenue & Taxation Code § 401.10(a)(2) The full cash value is determined utilizing the same property density classifications that were assigned to the property by the State Board of Equalization for the 1984–85 tax year or, if density classifications were not so assigned to the property for the 1984–85 tax year, the density classifications that were first assigned to the property by the board for a subsequent tax year.
(3)Copy CA Revenue & Taxation Code § 401.10(a)(3)
(A)Copy CA Revenue & Taxation Code § 401.10(a)(3)(A) If a taxpayer owns multiple pipelines in the same right-of-way, an additional 50 percent of the value attributed to the right-of-way for the presence of the first pipeline, as determined under paragraphs (1) and (2), shall be added for the presence of each additional pipeline up to a maximum of two additional pipelines. For any particular taxpayer, the total valuation for a multiple pipeline right-of-way shall not exceed 200 percent of the value determined for the right-of-way of the first pipeline in the right-of-way in accordance with paragraphs (1) and (2).
(B)CA Revenue & Taxation Code § 401.10(a)(3)(A)(B) If the State Board of Equalization has determined that an intercounty pipeline, located within a multiple pipeline right-of-way previously valued in accordance with subparagraph (A), has been abandoned as a result of physical removal or blockage, the assessed value of the right-of-way attributable to the last pipeline enrolled in accordance with subparagraph (A) shall be reduced by not less than 75 percent of that increase in assessed value that resulted from the application of subparagraph (A).
(4)CA Revenue & Taxation Code § 401.10(a)(4) If all pipelines of a taxpayer located within the same pipeline right-of-way, previously valued in accordance with this section, are determined by the State Board of Equalization to have been abandoned as the result of physical removal or blockage, the assessed value of that right-of-way to that taxpayer shall be determined to be no more than 25 percent of the assessed value otherwise determined for the right-of-way for a single pipeline of that taxpayer pursuant to paragraphs (1) and (2).
(b)CA Revenue & Taxation Code § 401.10(b) If the assessor assigns values for any tax year from the 1984–85 tax year to the 2025–26 tax year, inclusive, in accordance with the methodology specified in subdivision (a), the taxpayer’s right to assert any challenge to the right to assess that property, whether in an administrative or judicial proceeding, shall be deemed to have been raised and resolved for that tax year and the values determined in accordance with that methodology shall be rebuttably presumed to be correct. If the assessor assigns values for any tax year from the 1984–85 tax year to the 2025–26 tax year, inclusive, in accordance with the methodology specified in subdivision (a), any pending taxpayer lawsuit that challenges the right to assess the property shall be dismissed by the taxpayer with prejudice as it applies to intercounty pipeline rights-of-way.
(c)CA Revenue & Taxation Code § 401.10(c) Notwithstanding any change in ownership, new construction, or decline in value occurring after March 1, 1975, if the assessor assigns values for rights-of-way for any tax year from the 1984–85 tax year to the 2025–26 tax year, inclusive, in accordance with the methodology specified in subdivision (a), the taxpayer may not challenge the right to assess that property and the values determined in accordance with that methodology shall be rebuttably presumed to be correct for that property for that tax year.
(d)CA Revenue & Taxation Code § 401.10(d) Notwithstanding any change in ownership, new construction, or decline in value occurring after March 1, 1975, if the assessor does not assign values for rights-of-way for any tax year from the 1984–85 tax year to the 2025–26 tax year, inclusive, at the 1975–76 base year values specified in subdivision (a), any assessed value that is determined on the basis of valuation standards that differ, in whole or in part, from those valuation standards set forth in subdivision (a) shall not benefit from any presumption of correctness, and the taxpayer may challenge the right to assess that property or the values for that property for that tax year. As used herein, a challenge to the right to assess shall include any assessment appeal, claim for refund, or lawsuit asserting any right, remedy, or cause of action relating to or arising from, but not limited to, the following or similar contentions:
(1)CA Revenue & Taxation Code § 401.10(d)(1) That the value of the right-of-way is included in the value of the underlying fee or railroad right-of-way.
(2)CA Revenue & Taxation Code § 401.10(d)(2) That assessment of the value of the right-of-way to the owner of the pipeline would result in double assessment.
(3)CA Revenue & Taxation Code § 401.10(d)(3) That the value of the right-of-way may not be assessed to the owner of the pipeline separately from the assessment of the value of the underlying fee.
(e)CA Revenue & Taxation Code § 401.10(e) Notwithstanding any other provision of law, during a four-year period commencing on January 1, 1996, the assessor may issue an escape assessment in accordance with the specific valuation standards set forth in subdivision (a) for the following taxpayers and tax years:
(1)CA Revenue & Taxation Code § 401.10(e)(1) Any intercounty pipeline right-of-way taxpayer who was a plaintiff in Southern Pacific Pipe Lines, Inc. v. State Board of Equalization (1993) 14 Cal.App.4th 42, for the tax years 1984–85 to 1996–97, inclusive.
(2)CA Revenue & Taxation Code § 401.10(e)(2) Any intercounty pipeline right-of-way taxpayer who was not a plaintiff in Southern Pacific Pipe Lines, Inc. v. State Board of Equalization (1993) 14 Cal.App.4th 42, for the tax years 1989–90 to 1996–97, inclusive.
(f)CA Revenue & Taxation Code § 401.10(f) Any escape assessment levied under subdivision (e) shall not be subject to penalties or interest under the provisions of Section 532. If payment of any taxes due under this section is made within 45 days of demand by the tax collector for payment, the county shall not impose any late payment penalty or interest. Taxes not paid within 45 days of demand by the tax collector shall become delinquent at that time. If the tax thereon remains unpaid at the time set for declaration of default for delinquent taxes, the tax together with any penalty and costs as may have accrued thereon while on the secured roll shall be transferred to the unsecured roll.
(g)CA Revenue & Taxation Code § 401.10(g) For purposes of this section, “intercounty pipeline right-of-way” means, except as otherwise provided in this subdivision, any interest in publicly or privately owned real property through which or over which an intercounty pipeline is placed. However, “intercounty pipeline right-of-way” does not include any parcel or facility that the State Board of Equalization originally separately assessed using a valuation method other than the multiplication of pipeline length within a subject property by a unit value determined in accordance with the density category of that subject property.
(h)CA Revenue & Taxation Code § 401.10(h) This section shall remain in effect only until January 1, 2027, and, as of that date is repealed.

Section § 401.12

Explanation

This law states that if there was a settlement agreement made before certain sections (401.10 and 401.11) took effect, that agreement remains valid and is not affected by the new rules in those sections. If there's a conflict between these sections and a pre-existing settlement agreement regarding intercounty pipeline rights, the agreement takes precedence.

Sections 401.10 and 401.11 do not abrogate, rescind, preclude, or otherwise affect any separate settlement agreement entered into prior to the effective date of those sections between a county and an intercounty pipeline right-of-way taxpayer concerning the subject matter of Sections 401.10 and 401.11. In the event of a conflict between any settlement agreement and the provisions of Sections 401.10 and 401.11, the settlement agreement shall control.

Section § 401.13

Explanation

This law requires that starting January 1, 1998, the assessed value of pipelines and related rights-of-way within a single county must be calculated as one unified parcel per taxpayer. This means all components or segments are combined into a single assessment for tax purposes. Despite this, the assessor must still keep a separate base year value for each individual part of the pipeline or right-of-way.

Notwithstanding any other provision of law, on or after January 1, 1998, the assessor shall determine the assessed value of pipelines and related rights-of-way that are located wholly within the county on the basis of a single, countywide parcel per taxpayer, and, to that end, shall combine the assessed value of each component or segment of those pipelines or rights-of-way. However, the assessor shall maintain a separate base year value for each of these components or segments.

Section § 401.15

Explanation

This statute addresses how counties value certificated aircraft for taxation purposes, particularly from past fiscal years up to 2003-04. It explains assessment methods, mainly focusing on the aircraft's original cost and accounting for any additions or modifications. If the original cost can't be determined directly, values may be derived from resources like the Airliner Price Guide. The law also permits adjustments for obsolescence with market evidence, and describes specific rules for different fiscal periods and types of aircraft, including those out of production.

Counties aren't required to adjust past assessments unless there are errors or escape assessments are needed. Also, provisions exist if the Airliner Price Guide becomes unavailable. Taxpayers, primarily airlines, must provide detailed cost info to assessors, and failure to do so can result in county-determined valuations.

(a)CA Revenue & Taxation Code § 401.15(a) Notwithstanding any other provision of law, for any county that makes available the credits provided for in Section 5096.3, the full cash values of certificated aircraft for fiscal years to the 1997–98 fiscal year, inclusive, are presumed to be those values enrolled by the county assessor or, in the case of timely escape assessments upon certificated aircraft issued on or after April 1, 1998, pursuant to Sections 531, 531.3, and 531.4, the values enrolled upon those escape assessments, provided that the escape assessment is made in accordance with the methodology in subdivision (b). For escape assessments for fiscal years to the 1997–98 fiscal year, inclusive, the assessor shall use the methodology and minimum and market values set by the California Assessors’ Association for the applicable fiscal year in lieu of the methodology set forth in subparagraph (C) or (D) of paragraph (1) of subdivision (b). The assessor is not required to revise or change existing enrolled assessments that are not subject to escape assessment to reflect the methodology in this section. Nothing in this section precludes audit adjustments and offsets as set forth in Section 469 or the correction of reporting errors raised by an airline. Nothing in this section affects any presumption of correctness concerning allocation of aircraft values.
(b)Copy CA Revenue & Taxation Code § 401.15(b)
(1)Copy CA Revenue & Taxation Code § 401.15(b)(1) For the 1998–99 fiscal year to the 2002–03 fiscal year, inclusive, and including escape assessments levied on or after April 1, 1998, for any fiscal year to the 2002–03 fiscal year, inclusive, except as otherwise provided in subdivision (a), certificated aircraft shall be presumed to be valued at full market value if all of the following conditions are met:
(A)CA Revenue & Taxation Code § 401.15(b)(1)(A) Except as provided in subparagraph (D), value is derived using original cost. The original cost shall be the greater of the following:
(i)CA Revenue & Taxation Code § 401.15(b)(1)(A)(i) Taxpayer’s cost for that individual aircraft reported in accordance with generally accepted accounting principles, so long as that produces net acquisition cost, and to the extent not included in the taxpayer’s cost, transportation costs and capitalized interest and the cost of any capital addition or modification made before a transaction described in clause (ii).
(ii)CA Revenue & Taxation Code § 401.15(b)(1)(A)(ii) The cost established in a sale/leaseback or assignment of purchase rights transaction for that individual aircraft that transfers the benefits and burdens of ownership to the lessor for United States federal income tax purposes.
If the original cost for leased aircraft cannot be determined from information reasonably available to the taxpayer, original cost may be determined by reference to the “average new prices” column of the Airliner Price Guide for that model, series, and year of manufacture of aircraft. If information is not available in the “average new prices” column for that model, series, and year, the original cost may be determined using the best indicator of original cost plus all conversion costs incurred for that aircraft. In the event of a merger, bankruptcy, or change in accounting methods by the reporting airline, there shall be a rebuttable presumption that the cost of the individual aircraft and the acquisition date reported by the acquired company, if available, or the cost reported prior to the change in accounting method, are the original cost and the applicable acquisition date.
(B)CA Revenue & Taxation Code § 401.15(B) Original cost, plus the cost of any capital additions or modifications not otherwise included in the original cost, shall be adjusted from the date of the acquisition of the aircraft to the lien date using the producer price index for aircraft and a 16-year straight-line percent good table starting from the delivery date of the aircraft to the current owner or, in the case of a sale/leaseback or assignment of purchase rights transaction, as described in this section, the current operator with a minimum combined factor of 25 percent, unless this adjustment results in a value less than the minimum value for that aircraft computed pursuant to subparagraph (C), in which case the minimum value may be used. If original cost is determined by reference to the Airliner Price Guide “average new prices” column, the adjustments required by this paragraph shall be made by setting the acquisition date of the aircraft to be the date of the aircraft’s manufacture.
(C)CA Revenue & Taxation Code § 401.15(C) For certificated aircraft of a model and series that has been in revenue service for eight or more years, the minimum value shall not exceed the average of the used aircraft prices shown in columns other than the “average new prices” column for used aircraft of the oldest aircraft for that model and series in the Airliner Price Guide most recently published as of the lien date. Minimum values shall not be utilized for certificated aircraft of a model and series that has been in revenue service for less than eight years.
(D)CA Revenue & Taxation Code § 401.15(D) For out-of-production aircraft that were recommended to be valued by a market approach for 1998 by the California Assessors’ Association, assessments will be based at the lower of the following:
(i)CA Revenue & Taxation Code § 401.15(D)(i) The values established by the association for the 1998 lien date.
(ii)CA Revenue & Taxation Code § 401.15(D)(ii) The average of the used aircraft prices shown in the columns other than the “average new prices” column for used aircraft of the five oldest years for the aircraft model and series or that lesser time for which data is available in the Airliner Price Guide.
(2)CA Revenue & Taxation Code § 401.15(2) Notwithstanding paragraph (1), in computing assessed value, the assessor may allow for extraordinary obsolescence if supported by market evidence and the taxpayer may challenge the assessment for failure to do so. To constitute market evidence of extraordinary obsolescence and to permit an assessment appeal, the evidence must show that the functional and/or economic obsolescence is in excess of 10 percent of the value for the aircraft model and series otherwise established pursuant to subparagraph (B), (C), or (D) of paragraph (1).
(3)CA Revenue & Taxation Code § 401.15(3) For purposes of paragraph (1), if the Airliner Price Guide ceases to be published or the format significantly changes, a guide or adjustment agreed to by the airlines and the taxing counties shall be substituted.
(c)Copy CA Revenue & Taxation Code § 401.15(c)
(1)Copy CA Revenue & Taxation Code § 401.15(c)(1) For the 2003–04 fiscal year, certificated aircraft shall be presumed to be valued at full market value if all of the following conditions are met:
(A)CA Revenue & Taxation Code § 401.15(c)(1)(A) Except as provided in subparagraph (D), value is derived using original cost. The original cost shall be the greater of the following:
(i)CA Revenue & Taxation Code § 401.15(c)(1)(A)(i) Taxpayer’s cost for that individual aircraft reported in accordance with generally accepted accounting principles, so long as that produces net acquisition cost, and to the extent not included in the taxpayer’s cost, transportation costs and capitalized interest and the cost of any capital addition or modification made before a transaction described in clause (ii).
(ii)CA Revenue & Taxation Code § 401.15(c)(1)(A)(ii) Taxpayer’s cost as established pursuant to this subdivision plus one-half of the incremental difference between taxpayer’s cost and the cost established in a sale/leaseback or assignment of purchase rights transaction for individual aircraft that transfers the benefits and burdens of ownership to the lessor for United States federal income tax purposes.
If the original cost for leased aircraft cannot be determined from information reasonably available to the taxpayer, original cost may be determined by reference to the “average new prices” column of the Airliner Price Guide for that model, series, and year of manufacture of aircraft. If information is not available in the “average new prices” column for that model, series, and year, the original cost may be determined using the best indicator of original cost plus all conversion costs incurred for that aircraft. In the event of a merger, bankruptcy, or change in accounting methods by the reporting airline, there shall be a rebuttable presumption that the cost of the individual aircraft and the acquisition date reported by the acquired company, if available, or the cost reported prior to the change in accounting method, are the original cost and the applicable acquisition date.
(B)CA Revenue & Taxation Code § 401.15(B) Original cost, plus the cost of any capital additions or modifications not otherwise included in original cost, shall be adjusted from the date of the acquisition of the aircraft to the lien date using the producer price index for aircraft and a 16-year straight-line percent good table starting from the delivery date of the aircraft to the current owner or, in the case of a sale/leaseback or assignment of purchase rights transaction, as described in this section, the current operator with a minimum combined factor of 25 percent, unless this adjustment results in a value less than the minimum value for that aircraft computed pursuant to subparagraph (C), in which case the minimum value may be used. If original cost is determined by reference to the Airliner Price Guide “average new prices” column, the adjustments required by this paragraph shall be made by setting the acquisition date of the aircraft to be the date of the aircraft’s manufacture.
(C)CA Revenue & Taxation Code § 401.15(C) For certificated aircraft of a model and series that has been in revenue service for eight or more years, the minimum value shall not exceed the average of the used aircraft prices shown in columns other than the “average new prices” column for used aircraft of the oldest aircraft for that model and series in the Airliner Price Guide most recently published as of the lien date. Minimum values shall not be utilized for certificated aircraft of a model and series that has been in revenue service for less than eight years.
(D)CA Revenue & Taxation Code § 401.15(D) For out-of-production aircraft that were recommended to be valued by a market approach for 1998 by the California Assessors’ Association, their assessments shall be based at the lower of the following:
(i)CA Revenue & Taxation Code § 401.15(D)(i) The values established by the association for the 1998 lien date.
(ii)CA Revenue & Taxation Code § 401.15(D)(ii) The average of the used aircraft prices shown in the columns other than the “average new prices” column for used aircraft of the five oldest years for the aircraft model and series or that lesser time for which data is available in the Airliner Price Guide.
(2)CA Revenue & Taxation Code § 401.15(2) Notwithstanding paragraph (1), in computing assessed value, the assessor may allow for extraordinary obsolescence if supported by market evidence and the taxpayer may challenge the assessment for failure to do so. To constitute market evidence of extraordinary obsolescence and to permit an assessment appeal, the evidence must show that the functional and or economic obsolescence is in excess of 10 percent of the value for the aircraft model and series otherwise established pursuant to subparagraph (B), (C), or (D) of paragraph (1).
(3)CA Revenue & Taxation Code § 401.15(3) For purposes of paragraph (1), if the Airliner Price Guide ceases to be published or the format significantly changes, a guide or adjustment agreed to by the airlines and the taxing counties shall be substituted.
(d)CA Revenue & Taxation Code § 401.15(d) To calculate the values prescribed in subdivisions (b) and (c), the taxpayer shall, to the extent that information is reasonably available to the taxpayer, furnish the county assessor with an annual property statement that includes the aircraft original costs as defined in subparagraph (A) of paragraph (1) of subdivision (b) or (c). If an air carrier that has this information reasonably available to it fails to report original cost and additions, as required by Sections 441 and 442, an assessor may make an appropriate assessment pursuant to Section 501.

Section § 401.16

Explanation

This section explains how county assessors in California should value tangible personal property or trade fixtures for property tax purposes using a reproduction or replacement cost approach. The law sets rules for using depreciation factors published by the State Board of Equalization. Specifically, assessors cannot average the published depreciation factors for new and used properties. However, if a taxpayer's report doesn't specify if the property was acquired new or used, assessors are allowed to average the factors. Additionally, any minimum depreciation values used must be calculated in a defensible way.

If, for purposes of property taxation, the county assessor utilizes the reproduction or replacement cost approach to value to determine the value of tangible personal property or trade fixtures, both of the following apply:
(a)Copy CA Revenue & Taxation Code § 401.16(a)
(1)Copy CA Revenue & Taxation Code § 401.16(a)(1) If the county assessor depreciates this property using percent good factors published by the State Board of Equalization that provide separate factors for property that is first acquired new and property that is first acquired used, the assessor may not average the published factors to apply these factors to both classes of new and used property.
(2)CA Revenue & Taxation Code § 401.16(a)(2) Notwithstanding paragraph (1), if information reported by a taxpayer does not indicate whether this property was first acquired by the taxpayer new or used, the assessor may average the published factors.
(b)CA Revenue & Taxation Code § 401.16(b) If the county assessor depreciates this property using percent good factors that include a minimum percent good, the minimum percent good factors shall be determined in a manner that is supportable.

Section § 401.17

Explanation

This section covers how to determine the taxable value of certain aircraft types in California for the fiscal years 2005-06 to 2016-17. The law provides a method for calculating the fair market value of mainline jets, production freighters, and regional aircraft, allowing for a rebuttable presumption based on either predetermined calculations or market-based appraisals.

The process involves considering the aircraft's original cost, adjusting for improvements, accounting for economic obsolescence, and using industry-specific financial metrics to further refine the valuation.

The law also outlines adjustments based on aircraft type and age, specifies how to handle converted freighters, and sets guidelines for using industry price guides, with provisions for when they are unavailable. Specific definitions for types of aircraft and financial metrics used in the valuation process are also provided.

(a)CA Revenue & Taxation Code § 401.17(a) For the 2005–06 fiscal year to the 2016–17 fiscal year, inclusive, it shall be rebuttably presumed that the preallocated fair market value of each make, model, and series of mainline jets, production freighters, and regional aircraft that has attained situs within this state is the lesser of the sum total of the amounts determined under paragraph (1) or the sum total of the amounts determined under paragraph (2). The value of an individual aircraft assessed to the original owner of that aircraft shall not exceed its original cost from the manufacturer. The preallocated fair market value of an aircraft may be rebutted by evidence including, but not limited to, appraisals, invoices, and expert testimony.
(1)Copy CA Revenue & Taxation Code § 401.17(a)(1)
(A)Copy CA Revenue & Taxation Code § 401.17(a)(1)(A) The original cost for the aircraft, which shall be determined as follows and adjusted, as applicable, under subparagraphs (B), (C), and (D):
(i)CA Revenue & Taxation Code § 401.17(a)(1)(A)(i) For owned and leased aircraft, the taxpayer’s or lessor’s acquisition cost for that individual aircraft reported in accordance with generally accepted accounting principles, and to the extent not included in the acquisition cost, transportation costs and capitalized interest and the cost of improvements made before a transaction described in clause (ii). If the original cost for leased aircraft cannot be determined from information reasonably available to the taxpayer, original cost may be determined by reference to the “average new prices” column of the Airliner Price Guide for that model, series, and year of manufacture of aircraft. If information is not available in the “average new prices” column for that model, series, and year, the original cost may be determined using the best indicator of original cost plus all conversion costs and improvement costs incurred for that aircraft.
(ii)CA Revenue & Taxation Code § 401.17(a)(1)(A)(ii) For sale/leaseback or assignment of purchase rights transaction aircraft, the average of the taxpayer’s cost established pursuant to clause (i) and the cost established in a sale/leaseback or assignment of purchase rights transaction for individual aircraft that transfers the benefits and burdens of ownership to the lessor for United States federal income tax purposes. In no event shall the original cost for sale/leaseback aircraft be less than the taxpayer’s acquisition cost.
(iii)CA Revenue & Taxation Code § 401.17(a)(1)(A)(iii) In the event of a merger, bankruptcy, or change in accounting methods by the reporting airline, there shall be a rebuttable presumption that the cost of the individual aircraft and the acquisition date reported by the acquired company, if available, or the cost reported prior to the change in accounting method, are the original cost and the applicable acquisition date.
(B)Copy CA Revenue & Taxation Code § 401.17(a)(1)(A)(B)
(i)Copy CA Revenue & Taxation Code § 401.17(a)(1)(A)(B)(i) For mainline jets and production freighters, the original cost described in subparagraph (A), plus the cost of any improvements not otherwise included in the original cost, shall be adjusted from the date of the acquisition of the aircraft to the lien date using the monthly United States Department of Labor Producer Price Index for aircraft and a 20-year straight-line percent-good table starting from the delivery date of the aircraft to the current owner or, in the case of a sale/leaseback or assignment of purchase rights transaction, as described in this section, the current operator with a minimum combined factor of 25 percent.
(ii)CA Revenue & Taxation Code § 401.17(a)(1)(A)(B)(i)(ii) For regional aircraft, the original cost described in subparagraph (A), plus the cost of any improvements not otherwise included in the original cost, shall be adjusted from the date of the acquisition of the aircraft to the lien date using the monthly United States Department of Labor Producer Price Index for aircraft and a 16-year straight-line percent-good table starting from the delivery date of the aircraft to the current owner or, in the case of a sale/leaseback or assignment of purchase rights transaction, as described in this section, the current operator with a minimum combined factor of 25 percent.
(iii)CA Revenue & Taxation Code § 401.17(a)(1)(A)(B)(i)(iii) If original cost is determined by reference to the Airliner Price Guide “average new prices” column, the adjustments required by this paragraph shall be made by setting the acquisition date of the aircraft to be the date of the aircraft’s manufacture.
(C)Copy CA Revenue & Taxation Code § 401.17(a)(1)(A)(C)
(i)Copy CA Revenue & Taxation Code § 401.17(a)(1)(A)(C)(i) For mainline jets and regional aircraft, the assessor shall analyze the adjusted original cost derived pursuant to subparagraph (B), for application of an economic obsolescence allowance which shall be determined as follows:
(I)CA Revenue & Taxation Code § 401.17(a)(1)(A)(C)(i)(I) For the applicable year, the assessor shall calculate the average annual net revenue per available seat mile, the net load factor, and the yield utilizing the Airline Quarterly Financial Review published by the United States Department of Transportation, and referring to the section descriptive of the passenger airline industry, entitled “System Operations, System Pax. Majors” for the calendar year ending December 31 immediately preceding the applicable assessment date.
(II) For a 10-year benchmark, the assessor shall calculate as of December 31 for each of the 10 calendar years preceding the applicable year, the average annual net revenue per available seat mile, the net load factor, and the yield utilizing the Airline Quarterly Financial Review published by the United States Department of Transportation, and referring to the section descriptive of the passenger airline industry, entitled “System Operations, System Pax. Majors” for the calendar year ending December 31 immediately preceding the applicable assessment date.
(ii)Copy CA Revenue & Taxation Code § 401.17(a)(1)(A)(C)(i)(ii)
(I)Copy CA Revenue & Taxation Code § 401.17(a)(1)(A)(C)(i)(ii)(I) The assessor shall compare each factor calculated under subclause (I) of clause (i) with the corresponding factor calculated under subclause (II) of clause (i) to derive the percentage that each of the factors calculated under subclause (I) of clause (i) deviated from the 10-year benchmark calculated under subclause (II) of clause (i). The assessor shall then calculate a weighted average of the indicated percentage adjustments, weighted as follows:
(aa) Net revenue per available seat mile shall be weighted 35 percent.
(ab) Net load factor shall be weighted 35 percent.
(ac) Yield shall be weighted 30 percent.
(II) The assessor shall reduce the adjusted original costs derived under subparagraph (B) by the percentage adjustment calculated in subclause (I), but only if the final economic obsolescence determined under that subclause exceeds 10 percent, otherwise no economic obsolescence allowance shall be provided.
(D)Copy CA Revenue & Taxation Code § 401.17(ac)(D)
(i)Copy CA Revenue & Taxation Code § 401.17(ac)(D)(i) For production freighters, the assessor shall analyze the adjusted original cost derived under subparagraph (B), for application of an economic obsolescence allowance, as follows:
(I)CA Revenue & Taxation Code § 401.17(ac)(D)(i)(I) For the applicable year, the assessor shall calculate the industry average of net revenue per available ton mile and the ton load factor based upon the Airline Quarterly Financial Review published by the United States Department of Transportation, and referring to the section descriptive of the cargo airline industry, entitled “System Operations, System Cargo Majors” for the calendar year ending December 31 preceding the relevant assessment date.
(II) For a 10-year benchmark, the assessor shall calculate as of December 31 for each of the 10 calendar years preceding the applicable year, the net revenue per available ton mile and the ton load factor utilizing the Airline Quarterly Financial Review published by the United States Department of Transportation and referring to the section descriptive of the cargo airline industry, entitled “System Operations, System Cargo Majors” as of December 31 for each of the 10 calendar years preceding the calendar year utilized for the subject year, for the calendar year ending December 31 immediately preceding the applicable assessment date.
(ii)Copy CA Revenue & Taxation Code § 401.17(ac)(D)(i)(ii)
(I)Copy CA Revenue & Taxation Code § 401.17(ac)(D)(i)(ii)(I) The assessor shall compare each factor calculated under subclause (I) of clause (i) with the corresponding factor calculated under subclause (II) of clause (i) to derive the percentage that each of the factors calculated under subclause (I) of clause (i) deviated from the 10-year benchmark calculated under subclause (II) of clause (i). The assessor shall then calculate a weighted average of the indicated percentage adjustments so that the net revenue per available ton mile is weighted 50 percent and the ton load factor is weighted 50 percent.
(II) The assessor shall reduce the adjusted original costs derived under subparagraph (B) by the percentage adjustment calculated in subclause (I), but only if the final economic obsolescence determined under that subclause exceeds 10 percent, otherwise no economic obsolescence allowance shall be provided.
(2)Copy CA Revenue & Taxation Code § 401.17(ac)(2)
(A)Copy CA Revenue & Taxation Code § 401.17(ac)(2)(A) Except as otherwise provided in subparagraph (B), for each individual mainline jet, production freighter, or regional aircraft, the assessor shall identify the value referenced in the “Used Price of Avg. Acft. Wholesale” column of the Winter edition of the Airliner Price Guide by make, model, series, and year of manufacture, and deduct 10 percent from that value for a fleet discount.
(B)CA Revenue & Taxation Code § 401.17(ac)(2)(A)(B) For each individual mainline jet, production freighter, or regional aircraft that is less than two years old and for which the Airliner Price Guide does not list used wholesale values, the original cost determined under paragraph (1) of subparagraph (A) shall be decreased by the lesser of 5 percent or one-half of the percentage decrease between original cost and 90 percent of the value listed in the “Used Price of Avg. Acft. Wholesale” column of the Winter edition of the Airliner Price Guide for a two-year-old aircraft of that same make, model, and series.
(b)CA Revenue & Taxation Code § 401.17(b) For the 2005–06 fiscal year to the 2016–17 fiscal year, inclusive, it shall be rebuttably presumed that the preallocated fair market value for each make, model, and series of converted freighters that has attained situs within this state is the amount that is determined as follows:
(1)Copy CA Revenue & Taxation Code § 401.17(b)(1)
(A)Copy CA Revenue & Taxation Code § 401.17(b)(1)(A) The assessor shall begin his or her appraisal of a converted freighter as of the relevant lien date by identifying the aircraft’s original cost as a passenger aircraft prior to conversion. The aircraft’s original cost as a converted freighter shall be the lesser of:
(i)CA Revenue & Taxation Code § 401.17(b)(1)(A)(i) Its trended original cost as a passenger aircraft prior to conversion, less a downward adjustment of 10 percent to reflect tear-outs.
(ii)CA Revenue & Taxation Code § 401.17(b)(1)(A)(ii) Its value described in the Winter edition of the Airliner Price Guide in the “Used Price of Avg. Acft. Wholesale” column in passenger configuration, less a downward adjustment of 10 percent to reflect tear-outs.
(B)CA Revenue & Taxation Code § 401.17(b)(1)(A)(B) The amount determined under subparagraph (A) shall be adjusted according to the following:
(i)CA Revenue & Taxation Code § 401.17(b)(1)(A)(B)(i) If, on the relevant lien date, the frame of the aircraft is 15 years old or more, 50 percent of the cost to convert the aircraft to a freighter shall be added to the value determined under subparagraph (A).
(ii)CA Revenue & Taxation Code § 401.17(b)(1)(A)(B)(ii) If, on the relevant lien date, the frame of the aircraft is less than 15 years old, 75 percent of the cost to convert the aircraft to a freighter shall be added to the value determined under subparagraph (A).
(iii)CA Revenue & Taxation Code § 401.17(b)(1)(A)(B)(iii) In addition, all other improvements, including capitalized interest, to the aircraft that are not otherwise included in the aircraft’s original and conversion costs shall be added at full value.
(2)CA Revenue & Taxation Code § 401.17(b)(2) The amount determined under paragraph (1) shall be adjusted from the date of the conversion of the aircraft to the lien date using the monthly United States Department of Labor Producer Price Index for aircraft and a 16-year straight-line percent-good table, however, the percent-good applied to the aircraft shall in no event be less than 15 percent.
(3)CA Revenue & Taxation Code § 401.17(b)(3) If the Airliner Price Guide “Used Price of Avg. Acft. Wholesale” is utilized under paragraph (1), only the improvements and adjusted conversion costs pertaining to the converted freighter shall be adjusted from the date of the conversion of the aircraft to the relevant lien date using the monthly United States Department of Labor Producer Price Index for aircraft and a 16-year straight-line percent-good table. In no event, however, shall the percent-good applied to the improvements and adjusted conversion costs be less than 15 percent.
(4)Copy CA Revenue & Taxation Code § 401.17(b)(4)
(A)Copy CA Revenue & Taxation Code § 401.17(b)(4)(A) Except as otherwise provided in subparagraph (B), the assessor shall reduce the adjusted original cost, plus improvements, and adjusted conversion costs, derived under paragraphs (1) to (3), inclusive, by the obsolescence percentage adjustment calculated for production freighters under subparagraph (D) of paragraph (1) of subdivision (a).
(B)CA Revenue & Taxation Code § 401.17(b)(4)(A)(B) If the Airliner Price Guide “Used Price of Avg. Acft. Wholesale” is utilized under paragraph (1), only the improvements and adjusted conversion costs pertaining to the converted freighter shall be reduced by the obsolescence percentage adjustment described in subparagraph (A).
(c)CA Revenue & Taxation Code § 401.17(c) For purposes of this section, if the Airliner Price Guide ceases to be published or the format significantly changes, a guide or adjustment agreed to by commercial air carriers and the counties in which certificated aircraft have situs shall be substituted. If these parties do not agree on a guide or adjustment, the State Board of Equalization shall determine the guide or adjustment.
(d)CA Revenue & Taxation Code § 401.17(d) The taxpayer shall, to the extent that information is reasonably available to the taxpayer, furnish the county assessor with an annual property statement that includes the aircraft original costs as defined in subparagraph (A) of paragraph (1) of subdivision (a). If an air carrier that has this information reasonably available to it fails to report original cost and improvements, as required by Sections 441 and 442, an assessor may in that case make an appropriate assessment pursuant to Section 501.
(e)CA Revenue & Taxation Code § 401.17(e) For purposes of this section, all of the following apply:
(1)CA Revenue & Taxation Code § 401.17(e)(1) “Converted freighter” means a certificated aircraft, as defined in Section 1150, that, following its original manufacture, was used for passenger transportation, but was later converted to be used primarily for cargo transportation purposes.
(2)CA Revenue & Taxation Code § 401.17(e)(2) “Mainline jet” means a certificated aircraft, as defined in Section 1150, that is either of the following:
(A)CA Revenue & Taxation Code § 401.17(e)(2)(A) Manufactured by Boeing, Airbus, or McDonnell Douglas.
(B)CA Revenue & Taxation Code § 401.17(e)(2)(B) Capable of being configured with approximately 100 seats or more.
(3)CA Revenue & Taxation Code § 401.17(e)(3) “Production Freighter” means a certificated aircraft, as defined in Section 1150, that immediately following its manufacture is deployed primarily for cargo transportation purposes.
(4)CA Revenue & Taxation Code § 401.17(e)(4) “Regional aircraft” means a certificated aircraft, as defined in Section 1150, that is either of the following:
(A)CA Revenue & Taxation Code § 401.17(e)(4)(A) Manufactured by ATR (Avions De Transport Regional), Beech, British Aerospace Jetstream, Canadair Regional Jet, Cessna, DeHaviland, Embraer, Fairchild, or Saab.
(B)CA Revenue & Taxation Code § 401.17(e)(4)(B) Generally configured with fewer than 100 seats.
(5)CA Revenue & Taxation Code § 401.17(e)(5) “Improvements” means the cost of any modifications or capital additions that materially add to the value of or substantially prolong the useful life of the aircraft, or make it adaptable to a different use. “Improvements” include modification costs incurred during a heavy maintenance visit to the extent that they materially add to the value of or substantially prolong the useful life of the aircraft. “Improvements” do not include repair and maintenance costs incurred for the purpose of keeping the aircraft in an ordinarily efficient operating condition.
(6)CA Revenue & Taxation Code § 401.17(e)(6) “Net revenue per available seat mile” means operating revenue per available seat mile less cost per available seat mile as determined by the United States Department of Transportation.
(7)CA Revenue & Taxation Code § 401.17(e)(7) “Net load factor” means actual passenger load factor less break-even passenger load factor, as determined by the United States Department of Transportation.
(8)CA Revenue & Taxation Code § 401.17(e)(8) “Net revenue per available ton mile” means operating revenue per ton mile less cost per available ton mile as determined by the United States Department of Transportation.
(9)CA Revenue & Taxation Code § 401.17(e)(9) “Yield” means average revenue per revenue passenger mile as determined by the United States Department of Transportation.
(10)CA Revenue & Taxation Code § 401.17(e)(10) “Ton Load Factor” means that percentage of effective use of cargo capacity as determined by the United States Department of Transportation.
(f)CA Revenue & Taxation Code § 401.17(f) The amendments made by the act adding this subdivision shall apply with respect to lien dates occurring on and after January 1, 2011.

Section § 401.20

Explanation

The State Board of Equalization, in collaboration with industry professionals and the California Assessors' Association, is required to conduct a study to update property valuation factors for nonproduction computers, semiconductor manufacturing equipment, and biopharmaceutical equipment. This study happens only if the legislature provides funding for it.

If conducted, the findings can lead to new property value estimations, and these estimates are presumed to be the full cash value for tax purposes. However, both the tax assessor and the taxpayer can present evidence to challenge these estimates. The estimates must be revised if they are over six years old, or the presumption of accurate valuation doesn't apply for that tax year.

(a)Copy CA Revenue & Taxation Code § 401.20(a)
(1)Copy CA Revenue & Taxation Code § 401.20(a)(1)  The State Board of Equalization shall, in consultation with the California Assessors’ Association and representatives of the computer, semiconductor, and biopharmaceutical industries, conduct a study to obtain and analyze data in order to update the information used to develop the valuation factors annually published by the State Board of Equalization that are applied to nonproduction computers, semiconductor manufacturing equipment, and biopharmaceutical industry equipment and fixtures.
(2)CA Revenue & Taxation Code § 401.20(a)(2) The State Board of Equalization shall conduct the study described in paragraph (1) only if funds are appropriated by the Legislature to the board for that purpose during the 2005-06 Regular Session.
(3)CA Revenue & Taxation Code § 401.20(a)(3) To the extent the State Board of Equalization periodically conducts these studies, the board shall publish revised valuation factors based on the updated information. If the board reviews the data and determines that an update is not warranted, the existing factors shall remain in effect.
(b)Copy CA Revenue & Taxation Code § 401.20(b)
(1)Copy CA Revenue & Taxation Code § 401.20(b)(1) Notwithstanding any other provision of law relating to the determination of the values for property tax assessment, values determined by using valuation factors resulting from the study described in subdivision (a), as instructed by the State Board of Equalization for nonproduction computers, semiconductor manufacturing equipment, and biopharmaceutical industry equipment and fixtures, shall be rebuttably presumed to be the full cash value.
(2)CA Revenue & Taxation Code § 401.20(b)(2) The assessor or the taxpayer shall have the right to present evidence supporting values different from those based on the published factors in order to attempt to overcome the presumption.
(c)CA Revenue & Taxation Code § 401.20(c) The presumption in subdivision (b) shall not apply to any particular tax year if the information upon which the valuation factors for that category of property are based was last reviewed by the State Board of Equalization more than six years before the lien date for that tax year.

Section § 402

Explanation

This law states that when assessing the value of land for taxation, both cultivated and uncultivated lands that are of the same quality and in a similar location must be valued equally.

Cultivated and uncultivated land of the same quality and similarly situated shall be assessed at the same value.

Section § 402.1

Explanation

This law outlines how land should be assessed in terms of its value while considering various enforceable restrictions. When land is evaluated, factors like zoning laws, government contracts, environmental constraints, and easements (like conservation or solar-use) must be taken into account. Additionally, special contracts that keep housing affordable for low to moderate-income families, such as those involving community land trusts or nonprofit organizations, are considered. The law establishes a presumption that these restrictions won't be easily changed and should be valued accordingly. However, the history of similar restrictions in the area and comparable land sales could challenge this presumption. Assessors must not compare restricted land values with unrestricted ones unless restrictions have little to no effect on value. This statute aims to ensure land is assessed fairly and in support of sound land use planning.

(a)CA Revenue & Taxation Code § 402.1(a) In the assessment of land, the assessor shall consider the effect upon value of any enforceable restrictions to which the use of the land may be subjected. These restrictions shall include, but are not limited to, all of the following:
(1)CA Revenue & Taxation Code § 402.1(a)(1) Zoning.
(2)CA Revenue & Taxation Code § 402.1(a)(2) Recorded contracts with governmental agencies other than those provided in Sections 422, 422.5, and 422.7.
(3)CA Revenue & Taxation Code § 402.1(a)(3) Permit authority of, and permits issued by, governmental agencies exercising land use powers concurrently with local governments, including the California Coastal Commission and regional coastal commissions, the San Francisco Bay Conservation and Development Commission, and the California Tahoe Regional Planning Agency.
(4)CA Revenue & Taxation Code § 402.1(a)(4) Development controls of a local government in accordance with any local coastal program certified pursuant to Division 20 (commencing with Section 30000) of the Public Resources Code.
(5)CA Revenue & Taxation Code § 402.1(a)(5) Development controls of a local government in accordance with a local protection program, or any component thereof, certified pursuant to Division 19 (commencing with Section 29000) of the Public Resources Code.
(6)CA Revenue & Taxation Code § 402.1(a)(6) Environmental constraints applied to the use of land pursuant to provisions of statutes.
(7)CA Revenue & Taxation Code § 402.1(a)(7) Hazardous waste land use restriction pursuant to Section 25226 of the Health and Safety Code.
(8)Copy CA Revenue & Taxation Code § 402.1(a)(8)
(A)Copy CA Revenue & Taxation Code § 402.1(a)(8)(A) A recorded conservation, trail, or scenic easement, as described in Section 815.1 of the Civil Code, that is granted in favor of a public agency, or in favor of a nonprofit corporation organized pursuant to Section 501(c)(3) of the Internal Revenue Code that has as its primary purpose the preservation, protection, or enhancement of land in its natural, scenic, historical, agricultural, forested, or open-space condition or use.
(B)CA Revenue & Taxation Code § 402.1(a)(8)(A)(B) A recorded greenway easement, as described in Section 816.52 of the Civil Code, that is granted in favor of a public agency, or in favor of a nonprofit corporation organized pursuant to Section 501(c)(3) of the Internal Revenue Code that has as its primary purpose the developing and preserving of greenways.
(9)CA Revenue & Taxation Code § 402.1(a)(9) A solar-use easement pursuant to Chapter 6.9 (commencing with Section 51190) of Part 1 of Division 1 of Title 5 of the Government Code.
(10)Copy CA Revenue & Taxation Code § 402.1(a)(10)
(A)Copy CA Revenue & Taxation Code § 402.1(a)(10)(A) A contract where the following apply:
(i)CA Revenue & Taxation Code § 402.1(a)(10)(A)(i) The contract is with a nonprofit corporation organized pursuant to Section 501(c)(3) of the Internal Revenue Code that has received a welfare exemption under Section 214.15 for properties intended to be sold to low-income families who participate in a special no-interest loan program.
(ii)CA Revenue & Taxation Code § 402.1(a)(10)(A)(ii) The contract restricts the use of the land for at least 30 years to owner-occupied housing available at affordable housing cost in accordance with Section 50052.5 of the Health and Safety Code.
(iii)CA Revenue & Taxation Code § 402.1(a)(10)(A)(iii) The contract includes a deed of trust on the property in favor of the nonprofit corporation to ensure compliance with the terms of the program, which has no value unless the owner fails to comply with the covenants and restrictions of the terms of the home sale.
(iv)CA Revenue & Taxation Code § 402.1(a)(10)(A)(iv) The local housing authority or an equivalent agency, or, if none exists, the city attorney or county counsel, has made a finding that the long-term deed restrictions in the contract serve a public purpose.
(v)CA Revenue & Taxation Code § 402.1(a)(10)(A)(v) The contract is recorded and provided to the assessor.
(B)CA Revenue & Taxation Code § 402.1(a)(10)(A)(B) For real property subject to a contract that satisfies all the requirements of subparagraph (A), there shall be a rebuttable presumption that, at the time of purchase, an assessor shall not include the value of the deed of trust referenced in clause (iii) of subparagraph (A) of this paragraph.
(11)Copy CA Revenue & Taxation Code § 402.1(a)(11)
(A)Copy CA Revenue & Taxation Code § 402.1(a)(11)(A) A contract where the following apply:
(i)CA Revenue & Taxation Code § 402.1(a)(11)(A)(i) The contract is a renewable 99-year ground lease between a community land trust, or a wholly owned subsidiary of a community land trust that is solely directed and managed by the community land trust, and the qualified owner of an owner-occupied single-family dwelling or an owner-occupied unit in a multifamily dwelling.
(ii)CA Revenue & Taxation Code § 402.1(a)(11)(A)(ii) The contract subjects a single-family dwelling or unit in a multifamily dwelling, and the land on which the dwelling or unit is situated that is leased to the qualified owner by a community land trust for the convenient occupation and use of that dwelling or unit, to affordability restrictions.
(iii)CA Revenue & Taxation Code § 402.1(a)(11)(A)(iii) One of the following public agencies or officials has made a finding that the affordability restrictions in the contract serve the public interest to create and preserve the affordability of residential housing for persons and families of low or moderate income:
(I)CA Revenue & Taxation Code § 402.1(a)(11)(A)(iii)(I) The director of the local housing authority or equivalent agency.
(II) The county counsel.
(III) The director of a county housing department.
(IV) The city attorney.
(V)CA Revenue & Taxation Code § 402.1(a)(11)(A)(iii)(V) The director of a city housing department.
(iv)CA Revenue & Taxation Code § 402.1(a)(11)(A)(iv) The contract is recorded and is provided to the assessor.
(B)Copy CA Revenue & Taxation Code § 402.1(a)(11)(A)(B)
(i)Copy CA Revenue & Taxation Code § 402.1(a)(11)(A)(B)(i) For purposes of this paragraph, the sale or resale price of the dwelling or unit is rebuttably presumed to include both the dwelling or unit and the leased land on which the dwelling or unit is situated. This presumption may be overcome if the assessor establishes by a preponderance of the evidence that all or a portion of the value of the leased land is not reflected in the sale or resale price of the dwelling or unit.
(ii)CA Revenue & Taxation Code § 402.1(a)(11)(A)(B)(i)(ii) Notwithstanding any other law, corrections of base year values and declines in value owing to the restrictions on properties assessed under this subparagraph shall apply to all lien dates occurring after September 27, 2016.
(C)CA Revenue & Taxation Code § 402.1(a)(11)(A)(C) For purposes of this paragraph, all of the following definitions shall apply:
(i)CA Revenue & Taxation Code § 402.1(a)(11)(A)(C)(i) “Affordability restrictions” mean that all of the following conditions are met:
(I)CA Revenue & Taxation Code § 402.1(a)(11)(A)(C)(i)(I) The dwelling or unit can only be sold or resold to a qualified owner to be occupied as a principal place of residence.
(II) The sale or resale price of the dwelling or unit is determined by a formula that ensures the dwelling or unit has a purchase price that is affordable to qualified owners.
(III) There is a purchase option for the dwelling or unit in favor of a community land trust intended to preserve the dwelling or unit as affordable to qualified owners.
(IV) The dwelling or unit is to remain affordable to qualified owners by a renewable 99-year ground lease.
(ii)CA Revenue & Taxation Code § 402.1(a)(11)(A)(C)(ii) “Community land trust” means a nonprofit corporation exempt from federal income tax pursuant to Section 501(c)(3) of the Internal Revenue Code that satisfies all of the following:
(I)CA Revenue & Taxation Code § 402.1(a)(11)(A)(C)(ii)(I) Has as its primary purposes the creation and maintenance of permanently affordable single-family or multifamily residences.
(II)
(ia) All dwellings and units located on the land owned by the nonprofit corporation or its wholly owned subsidiary are either sold to a qualified owner to be occupied as the qualified owner’s primary residence or rented to persons and families of low or moderate income.
(ib) In the case of dwellings or units sold to qualified owners, if the community land trust, directly or through its wholly owned subsidiary, owns the land underneath the dwellings or units, then the land underneath the dwellings or units shall be leased to the qualified owner of a dwelling or unit on the land for the convenient occupation and use of that dwelling or unit for a renewable term of 99 years. In the case of dwellings or units that are part of a condominium, cooperative, or other common interest development under which the land is owned by a homeowners’ association or person other than the community land trust, then the condominium unit or interest owned by the community land trust shall be sold to qualified owners for the convenient occupation and use of that dwelling or unit subject to affordability restrictions as that term is defined in this subdivision, except that in lieu of a ground lease there shall be an affordability covenant, of a duration of at least 99 years, recorded against the unit or interest.
(iii)CA Revenue & Taxation Code § 402.1(a)(11)(A)(C)(iii) “Limited equity housing cooperative” has the same meaning as that term is defined in Section 817 of the Civil Code.
(iv)CA Revenue & Taxation Code § 402.1(a)(11)(A)(C)(iv) “Persons and families of low or moderate income” has the same meaning as that term is defined in Section 50093 of the Health and Safety Code.
(v)CA Revenue & Taxation Code § 402.1(a)(11)(A)(C)(v) “Qualified owner” means persons and families of low or moderate income, including persons and families of low or moderate income that own a dwelling or unit collectively as member occupants or resident shareholders of a limited equity housing cooperative.
(b)CA Revenue & Taxation Code § 402.1(b) There is a rebuttable presumption that restrictions will not be removed or substantially modified in the predictable future and that they will substantially equate the value of the land to the value attributable to the legally permissible use or uses.
(c)CA Revenue & Taxation Code § 402.1(c) Grounds for rebutting the presumption may include, but are not necessarily limited to, the past history of like use restrictions in the jurisdiction in question and the similarity of sales prices for restricted and unrestricted land. The possible expiration of a restriction at a time certain shall not be conclusive evidence of the future removal or modification of the restriction unless there is no opportunity or likelihood of the continuation or renewal of the restriction, or unless a necessary party to the restriction has indicated an intent to permit its expiration at that time.
(d)CA Revenue & Taxation Code § 402.1(d) In assessing land with respect to which the presumption is unrebutted, the assessor shall not consider sales of otherwise comparable land not similarly restricted as to use as indicative of value of land under restriction, unless the restrictions have a demonstrably minimal effect upon value.
(e)CA Revenue & Taxation Code § 402.1(e) In assessing land under an enforceable use restriction wherein the presumption of no predictable removal or substantial modification of the restriction has been rebutted, but where the restriction nevertheless retains some future life and has some effect on present value, the assessor may consider, in addition to all other legally permissible information, representative sales of comparable lands that are not under restriction but upon which natural limitations have substantially the same effect as restrictions.
(f)CA Revenue & Taxation Code § 402.1(f) For the purposes of this section the following definitions apply:
(1)CA Revenue & Taxation Code § 402.1(f)(1) “Comparable lands” are lands that are similar to the land being valued in respect to legally permissible uses and physical attributes.
(2)CA Revenue & Taxation Code § 402.1(f)(2) “Representative sales information” is information from sales of a sufficient number of comparable lands to give an accurate indication of the full cash value of the land being valued.
(g)CA Revenue & Taxation Code § 402.1(g) It is hereby declared that the purpose and intent of the Legislature in enacting this section is to provide for a method of determining whether a sufficient amount of representative sales information is available for land under use restriction to ensure the accurate assessment of that land. It is also hereby declared that the further purpose and intent of the Legislature in enacting this section and Section 1630 is to avoid an assessment policy which, in the absence of special circumstances, considers uses for land that legally are not available to the owner and not contemplated by government, and that these sections are necessary to implement the public policy of encouraging and maintaining effective land use planning. This statute shall not be construed as requiring the assessment of any land at a value less than as required by Section 401 or as prohibiting the use of representative comparable sales information on land under similar restrictions when this information is available.

Section § 402.2

Explanation

This law says any agreement with the government that limits how a property can be used for affordable, owner-occupied housing must be officially recorded. It also clarifies that these agreements don't stop tax assessors from considering them when figuring out property value under specific tax rules.

Contracts with government agencies restricting the use of property for owner-occupied housing available at affordable cost shall be recorded. Nothing in this section shall be construed to prevent the assessor from considering a contract that restricts the use of the property to owner-occupied housing available at affordable housing cost, including under any locally adopted inclusionary housing program, for purposes of applying Section 402.1 or subdivision (a) of Section 110.

Section § 402.3

Explanation

This law states that when a land's use is limited by specific restrictions, covenants, easements, or servitudes under certain Health and Safety Code sections, the land must be reassessed for tax purposes. The reassessment is based on these restrictions being considered enforceable, and it must occur at the next lien date after the restrictions are adopted or imposed.

An assessor shall consider any restrictive covenant, easement, restriction, or servitude adopted pursuant to Section 25202.5, 25222.1, or 79055 of the Health and Safety Code or any restriction, easement, covenant, or servitude imposed pursuant to Section 25230 of the Health and Safety Code as an enforceable restriction, easement, covenant, or servitude subject to Section 402.1 and shall appropriately reassess any land, the use of which has been so restricted, at the lien date following the adoption or imposition of the covenant, easement, servitude, or restriction.

Section § 402.5

Explanation

This law section explains how to determine the value of a property by comparing it with the sales of other similar properties, known as comparables. For a sale to be considered comparable, it needs to have occurred close in time to the date of the property's valuation (not more than 90 days later) and be near the property being valued. Also, the properties should be similar in terms of features like character, size, usage, zoning, and other legal restrictions to ensure an accurate comparison of value.

When valuing property by comparison with sales of other properties, in order to be considered comparable, the sales shall be sufficiently near in time to the valuation date, and the properties sold shall be located sufficiently near the property being valued, and shall be sufficiently alike in respect to character, size, situation, usability, zoning, or other legal restriction as to use unless rebutted pursuant to Section 402.1, to make it clear that the properties sold and the properties being valued are comparable in value and that the cash equivalent price realized for the properties sold may fairly be considered as shedding light on the value of the property being valued. “Near in time to the valuation date” does not include any sale more than 90 days after the valuation date.

Section § 402.9

Explanation

When determining the value of property owned by people with low or moderate income, if the property is financed under specific federal programs (Section 236 or 515), the property assessor cannot count any interest subsidy payments made by the federal government as part of the property owner's income. This is because federal rules change what the owner actually earns and spends.

In valuing property for persons of low and moderate income that is financed under Section 236 or Section 515 of the federal National Housing Act, since federal restrictions accompanying these programs substantially affect actual income and expenses of the property owner, the assessor shall not consider as income any interest subsidy payments made to a lender on that property by the federal government.

Section § 402.95

Explanation

This law explains that when a property assessor calculates the value of a property using the income method, they shouldn't include any financial benefits the property owner gains from specific federal and state low-income housing tax credits. These credits are distributed by the California Tax Credit Allocation Committee.

In valuing property under the income method of appraisal, the assessor shall exclude from income the benefit from federal and state low-income housing tax credits allocated by the California Tax Credit Allocation Committee pursuant to Section 42 of the Internal Revenue Code and Sections 12206, 17058, and 23610.5.

Section § 403

Explanation

If you have bought land from the State of California and haven't received a formal ownership document (patent) yet, the land will still be taxed the same way as other lands. However, you can subtract the unpaid amount you owe to the state for the purchase of that land from its assessed value for tax purposes.

Land sold by the State for which no patent has been issued shall be assessed like other land, but the owner is entitled to a deduction from the assessed valuation of the amount due the State as principal on the purchase price.

Section § 404

Explanation

This law says that all property that can be taxed must be assessed by the local taxing agency where the property is located, except for property assessed by the State.

All taxable property, except State assessed property, shall be assessed by the assessing agency of the taxing agency where the property is situated.

Section § 405

Explanation

This law section explains how property tax assessments are handled in a county. Every year, the assessor is responsible for evaluating all taxable property within the county, except for those assessed by the state. These evaluations occur on the lien date and help determine the taxes for the upcoming fiscal year. The assessor can record these assessments on what's called the secured roll, which tracks the property taxes owed.

For properties listed on the unsecured roll, which often includes leased property, both the person leasing (lessee) and the person who owns the property (lessor) can be assessed jointly. Importantly, both parties will receive notices and tax bills sent to their last known addresses, ensuring both are informed of their tax responsibilities.

(a)CA Revenue & Taxation Code § 405(a) Annually, the assessor shall assess all the taxable property in his county, except state-assessed property, to the persons owning, claiming, possessing, or controlling it on the lien date.
The assessor may assess the property on the secured roll to the person owning, claiming, possessing or controlling it for the ensuing fiscal year.
(b)CA Revenue & Taxation Code § 405(b) The assessor may assess all taxable property in his county on the unsecured roll jointly to both the lessee and lessor of such property.
(c)CA Revenue & Taxation Code § 405(c) Notices of assessment and tax bills relating to jointly assessed property on the unsecured roll shall be mailed to both the lessee and the lessor at their latest addresses known to the assessor.

Section § 405.5

Explanation

This law requires that the assessor routinely evaluate the value of properties that aren’t governed by Article XIII A of the Constitution. The goal is to determine and verify their full cash value or, if the law allows, a specified lower value for consistent tax assessment purposes.

The assessor shall periodically appraise all property not subject to the provisions of Article XIII A of the Constitution to substantiate the judgment of its full cash value or, when provided for by law, its restricted value for uniform assessment purposes.

Section § 407

Explanation

Each year, on the second Monday of July, the tax assessor must send a statistical report to the board. This report includes any statistics the board asks for, and the assessor must also provide any other information the board requests as needed throughout the year.

Annually, on the second Monday in July, the assessor shall transmit a statistical statement to the board, supplying any statistical information which the board may require, and shall supply from time to time any other information required by the board.

Section § 408

Explanation

This law talks about handling information in the assessor's office. Most info isn't public, except some, like identifying homeowners with tax exemptions. It lays out rules for sharing data with other government bodies and officials, like law enforcement and tax agencies, mainly for official purposes.

If you're a taxpayer, you can ask to see market data and details on how your property was assessed. You can also request copies, but might pay for them. The law strictly controls who can see data about other people’s property. If the assessor doesn’t let you see information you’re entitled to and uses it against you, you can get a delay in appeal proceedings.

Key info on delinquent taxes can be shared with the tax collector, excluding social security numbers, who also needs to certify the need for this info. Cost recovery by the assessor is included in these transactions.

(a)CA Revenue & Taxation Code § 408(a) Except as otherwise provided in subdivisions (b), (c), (d), (e), and (g), any information and records in the assessor’s office that are not required by law to be kept or prepared by the assessor, disabled veterans’ exemption claims, and homeowners’ exemption claims are not public documents and shall not be open to public inspection. Property receiving the homeowners’ exemption shall be clearly identified on the assessment roll. The assessor shall maintain records that shall be open to public inspection to identify those claimants who have been granted the homeowners’ exemption.
(b)Copy CA Revenue & Taxation Code § 408(b)
(1)Copy CA Revenue & Taxation Code § 408(b)(1) The assessor may provide any appraisal data in the assessor’s possession to the assessor of any county.
(2)CA Revenue & Taxation Code § 408(b)(2) The assessor shall disclose information, furnish abstracts, or permit access to all records in the assessor’s office to law enforcement agencies, the county grand jury, the board of supervisors or their duly authorized agents, employees, or representatives when conducting an investigation of the assessor’s office pursuant to Section 25303 of the Government Code, the county recorder when conducting an investigation to determine whether a documentary transfer tax is imposed, the Controller, employees of the Controller for property tax postponement purposes, probate referees, employees of the Franchise Tax Board for tax administration purposes only, the California Department of Tax and Fee Administration, staff appraisers of the Division of Financial Institutions, the Department of Transportation, the Department of General Services, the High-Speed Rail Authority, the State Board of Equalization, the State Lands Commission, the State Department of Social Services, the Department of Child Support Services, the Department of Water Resources, and other duly authorized legislative or administrative bodies of the state pursuant to their authorization to examine the records. Whenever the assessor discloses information, furnishes abstracts, or permits access to records in the assessor’s office to staff appraisers of the Department of Financial Protection and Innovation, the Department of Transportation, the Department of General Services, the High-Speed Rail Authority, the State Lands Commission, or the Department of Water Resources pursuant to this section, the department, commission, or authority shall reimburse the assessor for any costs incurred as a result.
(c)CA Revenue & Taxation Code § 408(c) Upon the request of the tax collector, the assessor shall disclose and provide to the tax collector information used in the preparation of that portion of the unsecured roll for which the taxes thereon are delinquent. The tax collector shall certify to the assessor that the tax collector needs the information requested for the enforcement of the tax lien in collecting those delinquent taxes. Information requested by the tax collector may include social security numbers, and the assessor shall recover from the tax collector the assessor’s actual and reasonable costs for providing the information. The tax collector shall add the costs described in the preceding sentence to the assessee’s delinquent tax lien and collect those costs subject to subdivision (e) of Section 2922.
(d)CA Revenue & Taxation Code § 408(d) The assessor shall, upon the request of an assessee or the assessee’s designated representative, permit the assessee or representative to inspect or copy any market data in the assessor’s possession. For purposes of this subdivision, “market data” means any information in the assessor’s possession, whether or not required to be prepared or kept by the assessor, relating to the sale of any property comparable to the property of the assessee, if the assessor bases an assessment of the assessee’s property, in whole or in part, on that comparable sale or sales. The assessor shall provide the names of the seller and buyer of each property on which the comparison is based, the location of that property, the date of the sale, and the consideration paid for the property, whether paid in money or otherwise. However, for purposes of providing market data, the assessor shall not display any document relating to the business affairs or property of another.
(e)Copy CA Revenue & Taxation Code § 408(e)
(1)Copy CA Revenue & Taxation Code § 408(e)(1) With respect to information, documents, and records, other than market data as defined in subdivision (d), the assessor shall, upon request of an assessee of property or the assessee’s designated representative, permit the assessee or representative to inspect or copy all information, documents, and records, including auditors’ narrations and workpapers, whether or not required to be kept or prepared by the assessor, relating to the appraisal and the assessment of the assessee’s property, and any penalties and interest.
(A)CA Revenue & Taxation Code § 408(e)(1)(A) Upon written request of an assessee or the assessee’s designated representative, the assessor shall transmit the information, documents, or records described in paragraph (1) by mail, or in electronic format if the information, documents, or records are available in electronic format or have been previously digitized. This subparagraph shall not be construed or interpreted to limit the authority of the assessee or the assessee’s designated representative to also inspect or copy information, documents, or records described in paragraph (1).
(B)CA Revenue & Taxation Code § 408(e)(1)(B) Information, documents, and records requested by an assessee, or the assessee’s representative, shall be transmitted pursuant to subparagraph (A) within a reasonable time period.
(C)CA Revenue & Taxation Code § 408(e)(1)(C) The costs enumerated in subdivision (a) of Section 409 shall not apply to information, documents, or records requested by the assessee or the assessee’s designated representative if that information is transmitted in electronic format, except that any developmental or indirect costs to provide that information, including costs to acquire or compile data that is not required to be kept or prepared by the assessor, may be recovered pursuant to Section 409.
(2)CA Revenue & Taxation Code § 408(e)(2) After enrolling an assessment, the assessor shall respond to a written request for information supporting the assessment, including, but not limited to, any appraisal and other data requested by the assessee.
(3)CA Revenue & Taxation Code § 408(e)(3) Except as provided in Section 408.1, an assessee or the assessee’s designated representative shall not be permitted to inspect or copy information and records that also relate to the property or business affairs of another, unless that disclosure is ordered by a competent court in a proceeding initiated by a taxpayer seeking to challenge the legality of the assessment of the taxpayer’s property.
(f)Copy CA Revenue & Taxation Code § 408(f)
(1)Copy CA Revenue & Taxation Code § 408(f)(1) Permission for the inspection or copying requested pursuant to subdivision (d) or (e) shall be granted as soon as reasonably possible to the assessee or the assessee’s designated representative.
(2)CA Revenue & Taxation Code § 408(f)(2) If the assessee or the assessee’s designated representative requests the assessor to make copies of any of the requested records, the assessee shall reimburse the assessor for the reasonable costs incurred in reproducing and providing the copies.
(3)CA Revenue & Taxation Code § 408(f)(3) If the assessor fails to permit the inspection or copying of materials or information as requested pursuant to subdivision (d) or (e) and the assessor introduces any requested materials or information at any assessment appeals board hearing, the assessee or the assessee’s representative may request and shall be granted a continuance for a reasonable period of time. The continuance shall extend the two-year period specified in subdivision (c) of Section 1604 for a period of time equal to the period of continuance.
(g)CA Revenue & Taxation Code § 408(g) Upon the written request of the tax collector, the assessor shall provide to the tax collector information for the preparation and enforcement of Part 6 (commencing with Section 3351). The tax collector shall certify to the assessor that the tax collector needs the contact information to assist with the preparation and enforcement of Part 6 (commencing with Section 3351). The assessor shall provide the information, which shall not include social security numbers. Any information provided to the tax collector pursuant to this subdivision shall not become a public record and shall not be open to public inspection. The tax collector shall reimburse the assessor for the actual and reasonable costs incurred by the assessor for providing the information to administer this subdivision. The tax collector shall add the costs described in the preceding sentence to the assessee’s delinquent taxes and include the costs incurred subject to Sections 4112 and 4672.2. The tax collector or the tax collector’s designated employee shall, under penalty of perjury, certify to the assessor that they need the information to assist with the preparation and enforcement of Part 6 (commencing with Section 3351), and that the information provided pursuant to this subdivision that is not a public record and that is not open to public inspection shall not become a public record and shall not be open to public inspection.

Section § 408.1

Explanation

This law requires the county assessor to keep an updated list of property transfers happening within the county over the past two years, excluding undivided interests. The list is divided by geographical area and updated quarterly. It must include details like the names of the transferor and transferee (if available), property address, parcel number, transfer date, and price paid, provided the assessor knows it.

The list should not include private business information about the property owner or the income generated by the property. Anyone can inspect this list, but there might be a fee, capped at $10, to cover administrative costs. This law does not apply to counties with populations under 50,000 as of the 1970 census. Additionally, certain information provided by the transferee that isn't publicly available cannot be included in this list.

(a)CA Revenue & Taxation Code § 408.1(a) The assessor shall maintain a list of transfers of any interest in property, other than undivided interests, within the county, which have occurred within the preceding two-year period.
(b)CA Revenue & Taxation Code § 408.1(b) The list shall be divided into geographical areas and shall be revised on the 30th day of each calendar quarter to include all such transactions which are recorded as of the preceding quarter.
(c)CA Revenue & Taxation Code § 408.1(c) The list shall contain the following information:
(1)CA Revenue & Taxation Code § 408.1(c)(1) Transferor and transferee, if available;
(2)CA Revenue & Taxation Code § 408.1(c)(2) Assessor’s parcel number;
(3)CA Revenue & Taxation Code § 408.1(c)(3) Address of the sales property;
(4)CA Revenue & Taxation Code § 408.1(c)(4) Date of transfer;
(5)CA Revenue & Taxation Code § 408.1(c)(5) Date of recording and recording reference number;
(6)CA Revenue & Taxation Code § 408.1(c)(6) Where it is known by the assessor, the consideration paid for such property; and
(7)CA Revenue & Taxation Code § 408.1(c)(7) Additional information which the assessor in his discretion may wish to add to carry out the purpose and intent of this section. Other than sales information, the assessor shall not include information on the list which relates to the business or business affairs of the owner of the property, information concerning the business carried on upon the subject property, or the income or income stream generated by the property.
(d)CA Revenue & Taxation Code § 408.1(d) The list shall be open to inspection by any person. The assessor may require the payment of a nonrefundable fee equal to an amount which would reimburse local agencies for their actual administrative costs incurred in such inspections or ten dollars ($10), whichever is the lesser amount.
(e)CA Revenue & Taxation Code § 408.1(e) The provisions of this section shall not apply to any county with a population of under 50,000 people, as determined by the 1970 federal decennial census.
(f)CA Revenue & Taxation Code § 408.1(f) Pursuant to Section 481, the assessor shall not include information on the list which was furnished in the change in ownership statement by the transferee and is not otherwise public information.

Section § 408.2

Explanation

This law explains that most records in a county assessor's office, like property assessments, are public and must be accessible for inspection, except certain sensitive information. Records about homeowners' exemptions must also be publicly available. Assessors can share property appraisal and market data with other county assessors and property owners. However, an owner or their representative can't access records related to another person's property or business, unless a court orders it during a legal challenge.

Law enforcement, government officials, and specific authorized bodies can access all records when conducting an investigation. Market data, which helps determine property assessments, includes details about sale price and parties involved but excludes sensitive business documents. This law applies to counties with populations over 4 million.

(a)CA Revenue & Taxation Code § 408.2(a) Except as otherwise provided in Sections 63.1, 69.5, 451, and 481 of this code and in the provisions listed in Section 7920.505 of the Government Code, any information and records in the assessor’s office that are required by law to be kept or prepared by the assessor, other than homeowners’ exemption claims, are public records and shall be open to public inspection. Property receiving the homeowners’ exemption shall be clearly identified on the assessment roll. The assessor shall maintain records that shall be open to public inspection to identify those claimants who have been granted the homeowners’ exemption.
(b)CA Revenue & Taxation Code § 408.2(b) The assessor may provide any appraisal data in the assessor’s possession to the assessor of any county and shall provide any market data in the assessor’s possession to an assessee of property or an assessee’s designated representative upon request. The assessor shall permit an assessee of property or an assessee’s designated representative to inspect at the assessor’s office any information and records, whether or not required to be kept or prepared by the assessor, relating to the appraisal and the assessment of the assessee’s property. Except as provided in Section 408.1, an assessee or an assessee’s designated representative, however, shall not be provided or permitted to inspect information and records, other than market data, which also relate to the property or business affairs of another person, unless that disclosure is ordered by a competent court in a proceeding initiated by a taxpayer seeking to challenge the legality of the taxpayer’s assessment.
(c)CA Revenue & Taxation Code § 408.2(c) The assessor shall disclose information, furnish abstracts, or permit access to all records in the assessor’s office to law enforcement agencies, the county grand jury, the board of supervisors or their duly authorized agents, employees, or representatives when conducting an investigation of the assessor’s office pursuant to Section 25303 of the Government Code, the Controller, probate referees, employees of the Franchise Tax Board for tax administration purposes only, the State Board of Equalization, and other duly authorized legislative or administrative bodies of the state pursuant to their authorization to examine the records.
(d)CA Revenue & Taxation Code § 408.2(d) For purposes of this section, “market data” means any information in the assessor’s possession, whether or not required to be prepared or kept by the assessor, relating to the sale of any property comparable to the property of the assessee, if the assessor bases the assessment of the assessee’s property, in whole or in part, on that comparable sale or sales. The assessor shall provide the names of the seller and buyer of each property on which the comparison is based, the location of that property, the date of the sale, and the consideration paid for the property, whether paid in money or otherwise, but for purposes of providing market data, the assessor shall not display any document relating to the business affairs or property of another.
(e)CA Revenue & Taxation Code § 408.2(e) This section applies only to a county with a population that exceeds 4,000,000.

Section § 408.3

Explanation

This law states that information about property characteristics held by the assessor is generally public and open for inspection, unless exceptions apply. This includes details like construction year, size, number of rooms, zoning, and amenities. If someone requests this information, the assessor can charge a fee that covers the costs of providing it, which may include various overhead expenses. The money collected is used to maintain and improve the assessor's information systems. The law also clarifies that the information might not be updated regularly and the assessor or county won't be liable for any errors in the property data they provide.

(a)CA Revenue & Taxation Code § 408.3(a) Except as otherwise provided in Sections 451 and 481 and in the provisions listed in Section 7920.505 of the Government Code, property characteristics information maintained by the assessor is a public record and shall be open to public inspection.
(b)CA Revenue & Taxation Code § 408.3(b) For purposes of this section, “property characteristics,” includes, but is not limited to, the year of construction of improvements to the property, their square footage, the number of bedrooms and bathrooms of all dwellings, the property’s acreage, and other attributes of or amenities to the property, such as swimming pools, views, zoning classifications or restrictions, use code designations, and the number of dwelling units of multiple family properties.
(c)Copy CA Revenue & Taxation Code § 408.3(c)
(1)Copy CA Revenue & Taxation Code § 408.3(c)(1) Notwithstanding subdivision (a) of Section 7922.530 of the Government Code or any other provision of law, if the assessor provides property characteristics information at the request of any party, the assessor may require that a fee reasonably related to the actual cost of developing and providing the information be paid by the party receiving the information.
(2)CA Revenue & Taxation Code § 408.3(c)(2) The actual cost of providing the information is not limited to duplication or production costs, but may include recovery of developmental and indirect costs, as overhead, personnel, supply, material, office, storage, and computer costs. All revenue collected by the assessor for providing information under this section shall be used solely to support, maintain, improve, and provide for the creation, retention, automation, and retrieval of assessor information.
(d)CA Revenue & Taxation Code § 408.3(d) The Legislature finds and declares that information concerning property characteristics is maintained solely for assessment purposes and is not continuously updated by the assessor. Therefore, neither the county nor the assessor shall incur any liability for errors, omissions, or approximations with respect to property characteristics information provided by the assessor to any party pursuant to this section. Further, this subdivision shall not be construed to imply liability on the part of the county or the assessor for errors, omissions, or other defects in any other information or records provided by the assessor pursuant to the provisions of this part.

Section § 408.4

Explanation

This law says that when a city's finance office is checking if a real estate transfer tax is needed, the tax assessor has to share necessary information with them. The finance office worker needs to ask in writing and assure, under oath, that they need the information for tax enforcement purposes. The information shared won’t include social security numbers, and any non-public details must stay confidential. If this sharing of information costs the assessor's office money, the city has to pay them back for those costs.

(a)CA Revenue & Taxation Code § 408.4(a) The assessor shall disclose information, furnish abstracts, or permit access to all records in his or her office to designated employees of a city’s finance office when conducting an investigation to determine whether a documentary transfer tax should be imposed for an unrecorded change in control or ownership of property.
(b)CA Revenue & Taxation Code § 408.4(b) Upon the written request of a designated employee of a city’s finance office, the assessor shall provide to the designated employee of a city’s finance office information for the preparation and enforcement of Part 6.7 (commencing with Section 11901) of Division 2. The information provided by the assessor shall not include social security numbers. The designated employee of a city’s finance office shall, under penalty of perjury, certify to the assessor that he or she needs the information to assist with the preparation and enforcement of Part 6.7 (commencing with Section 11901) of Division 2 and that the information provided pursuant to this subdivision that is not public record and that is not open to public inspection shall not become public record and shall not be open to public inspection.
(c)CA Revenue & Taxation Code § 408.4(c) Whenever the assessor discloses information, furnishes abstracts, or permits access to records in his or her office to designated employees of a city’s finance office pursuant to this subdivision, the city shall reimburse the assessor for any costs incurred as a result thereof.

Section § 409

Explanation

This statute explains that if someone requests information or records from a county assessor that the assessor isn't required by law to prepare or keep, the county can charge a fee related to the actual costs of providing that information. These costs can include everything from duplicating documents to covering overhead and personnel expenses. However, assessors aren't obligated to provide more information than what the law already requires them to share.

If the requested data is 'market data', as related to property assessment, the assessor must provide it when asked by the property owner or their representative. The law doesn't allow these fees to be applied to requests from the State Board of Equalization.

(a)Copy CA Revenue & Taxation Code § 409(a)
(1)Copy CA Revenue & Taxation Code § 409(a)(1) Notwithstanding subdivision (a) of Section 7922.530 of the Government Code or any other statutory provision, if the assessor, pursuant to the request of any party, provides information or records that the assessor is not required by law to prepare or keep, the county may require that a fee reasonably related to the actual cost of developing and providing that information be paid by the party receiving the information.
(2)CA Revenue & Taxation Code § 409(a)(2) The actual cost of providing the information is not limited to duplication or reproduction costs, but may include recovery of developmental and indirect costs, such as overhead, personnel, supply, material, office, storage, and computer costs.
(3)CA Revenue & Taxation Code § 409(a)(3) It is the intent of this section that the county may impose this fee for information and records maintained for county use, as well as for information and records not maintained for county use.
(4)CA Revenue & Taxation Code § 409(a)(4) Nothing herein shall be construed to require an assessor to provide information to any party beyond that the assessor is otherwise statutorily required to provide.
(b)CA Revenue & Taxation Code § 409(b) For purposes of this section, “market data,” as defined in Section 408.1, shall be deemed to be information the assessor is required by law to prepare or keep when requested by the assessee or a designated representative of the assessee.
(c)CA Revenue & Taxation Code § 409(c) This section shall not apply to requests of the State Board of Equalization for information.