Laws, Regulations & Annotations

Property Taxes Law Guide – Revision 2011
 

Revenue and Taxation Code

Property Taxation

Part 0.5. Implementation of Article XIII A of the California Constitution

Chapter 3.5. Change in Ownership and New Construction After the Lien Date

Article 1. Definitions and General Provisions

Section 75.5

75.5. "Property." "Property" means and includes manufactured homes subject to taxation under Part 13 (commencing with Section 5800) and real property, other than the following:

(a) Fixtures that are normally valued as a separate appraisal unit from a structure.

(b) Newly created taxable possessory interests, established by month-to-month agreements in publicly owned real property, having a full cash value of fifty thousand dollars ($50,000) or less.

History.—Stats. 1983, Ch. 1102, in effect September 27, 1983, substituted ", other than fixtures," for "other than trade fixtures" after "property", and added "and mobilehomes . . . Section 5800)" after "structure". Stats. 1984, Ch. 946, in effect September 10, 1984, deleted "; other than fixtures, which are normally valued as a separate appraisal unit from a structure and" after "property". Stats. 1987, Ch. 261, effective July 27, 1987, operative August 1, 1987, added ", other than fixtures which are normally valued as a separate appraisal unit from a structure," after "real property". Stats. 1994, Ch. 1222, in effect January 1, 1995, substituted "manufactured homes" for "mobilehomes" after "structure, and". Stats. 2000, Ch. 406 (AB 1966), in effect September 12, 2000, added "manufactured homes subject to taxation under Part 13 (commencing with Section 5800) and" after "includes", and added "the following:" after "other than" in the first paragraph; created new subdivision (a) with the balance of the former first sentence commencing with "Fixtures", substituted "that" for "which" after "Fixtures", and deleted ", and manufactured homes subject to taxation under Part 13 (commencing with Section 5800)" after "structure" therein; and added subdivision (b).

Note.—See note following Section 75.

Construction.—This section, which prior to September 10, 1984, provided that for the purposes of supplemental assessment real property did not include fixtures, did not amount to an unauthorized exemption in violation of Article XIII, Section 1 of the Constitution. Shafer v. State Board of Equalization, 174 Cal.App.3d 423.