Laws, Regulations & Annotations

Property Taxes Law Guide – Revision 2011
 

Revenue and Taxation Code

Property Taxation

Part 2. Assessment

CHAPTER 1. Taxation Base

Article 1. Taxable and Exempt Property

Section 214.01

214.01. Welfare exemption; irrevocable dedication. (a) For the purpose of Section 214, property shall be deemed irrevocably dedicated to religious, charitable, scientific, or hospital purposes only if a statement of irrevocable dedication to only these purposes is found in the articles of incorporation of the corporation, or in the case of any other fund or foundation, limited liability company, or corporation chartered by an act of Congress, in the bylaws, articles of association, articles of organization, constitution, or regulations thereof, as determined by the State Board of Equalization.

(b) If, when performing the duties specified by Section 254.6, the board finds that an applicant for the welfare exemption is ineligible for an organizational clearance certificate, because at the time of the filing of the claim required by Section 254.6, the applicant's articles of incorporation, or in the case of any noncorporate fund or foundation, its bylaws, articles of association, articles of organization, constitution or regulations, did not comply with the provisions of this section, the board shall notify the applicant in writing. The applicant shall have until the next succeeding lien date to amend its articles of incorporation, or in the case of any noncorporate fund or foundation, its bylaws, articles of association, articles of organization, constitution or regulations, and to file a certified copy of these amendments that conform to the provisions of this section with the board, and the board shall make a finding that the applicant, if otherwise qualified, is eligible for an organizational clearance certificate and forward that finding to the assessor.

(c) The amendments made by the act adding this subdivision shall apply with respect to lien dates occurring on and after January 1, 2005.

History.—Added by Stats. 1966, p. 656 (First Extra Session), in effect October 6, 1966. Stats. 1967, p. 1311, operative March 1, 1968, added "or corporation chartered by an act of Congress" and "as determined by the State Board of Equalization" to first paragraph and added last paragraph. Stats. 1969, p. 264, in effect May 27, 1969, substituted "until the next succeeding lien date" for "six months from the date of the mailing of such notice" and revised, without substantive change, the second and third sentences, of the second paragraph. Stats. 2003, Ch. 471 (SB 1062), in effect January 1, 2004, added the subdivision letter designations; substituted "Section 254.6" for "Section 254.5" after "duties specified by", substituted "for an organizational clearance certificate" for "therefor" after "exemption is ineligible", substituted "claim" for "affidavit" after "filing of the", and substituted "Section 254.6" for "Section 254.5" after "required by" in the first sentence, and substituted "these" for "such" after "certified copy of", and substituted "an organizational clearance certificate and forward that" for "the welfare exemption and forward such" after "is eligible for" in the second sentence of subdivision (b). Stats. 2004, Ch. 354 (AB 3073), in effect August 30, 2004, added "limited liability company," after "fund or foundation" and added "articles of organization," after "articles of association," in the first sentence of subdivision (a); added "articles of organization," after "articles of association," in the first and second sentences of subdivision (b); and added subdivision (c).