Laws, Regulations & Annotations

Property Taxes Law Guide – Revision 2012
 

Revenue and Taxation Code

Property Taxation

Part 2. Assessment

CHAPTER 1. Taxation Base

Article 1. Taxable and Exempt Property

Section 220.5

220.5. Aircraft of historical significance. (a) Aircraft of historical significance shall be exempt from taxation.

(b) The exemption provided in subdivision (a) applies only if all of the following conditions are satisfied:

(1) The assessee is an individual owner who does not hold the aircraft primarily for purposes of sale.

(2) The assessee does not use the aircraft for commercial purposes or general transportation.

(3) The aircraft is available for display to the public at least 12 days during the 12-month period immediately preceding the lien date for the year for which the exemption is claimed. If the aircraft was first made available for public display less than 12 days prior to the lien date, the exemption may be granted if the claimant certifies in writing that the aircraft will be made available for public display at least 12 days during the 12-month period commencing with the first day the property was made available for public display. When applying for an exemption pursuant to this section, the claimant shall attach to that application a certificate of attendance from the event coordinator of the event at which the aircraft was displayed as required by this paragraph.

(c) When claiming an exemption pursuant to this section, the claimant shall provide all information required and answer all questions contained in an affidavit furnished by the assessor. The claimant shall sign the affidavit, under penalty of perjury. The assessor may require additional proof of the information or answers provided in the affidavit before allowing the exemption.

(d) For purposes of this section, "aircraft of historical significance" means any aircraft that is an original, restored, or replica of a heavier than air powered aircraft that is 35 years or older or any aircraft of a type or model of which there are fewer than five in number known to exist worldwide.

(e) A fee of thirty-five dollars ($35) shall be charged and collected by the assessor upon the initial application for an exemption pursuant to this section.

History.—Added by Stats. 1987, Ch. 267, in effect January 1, 1988. Stats. 2004, Ch. 200 (SB 1880), in effect January 1, 2005, substituted "the affidavit, under penalty of perjury" for "and swear to the accuracy of the contents of the affidavit before either a notary public or the assessor or his or her designee, at the claimant's option" after "claimant shall sign" in the second sentence of subdivision (c).

Note.—Section 2 of Stats. 1987, Ch. 267, provided that this act applies to the 1987–88 fiscal year and fiscal years thereafter. Sec. 3 thereof provided no payment by state to local agencies because of this act. Stats. 2003, Ch. 604 (SB 1059), in effect January 1, 2004, substituted "applies only" for "shall only apply" after "in subdivision (a)" in subdivision (b) and added the third sentence in paragraph (3) thereof, and substituted "that" for "which" after "aircraft" twice in subdivision (d).