Laws, Regulations & Annotations

Property Taxes Law Guide – Revision 2013
 

Revenue and Taxation Code

Property Taxation

Part 2. Assessment

CHAPTER 1. Taxation Base

Article 2. Procedure to Claim Exemptions

Section 251

251. Authority to prescribe. (a) The board shall prescribe all procedures and forms required to carry into effect any property tax exemption enacted by statute or constitutional amendment.

(b) (1) The procedures prescribed pursuant to subdivision (a) shall be deemed satisfied by a qualified lessor by submission to the assessor within 120 days of the commencement date of the lease, or 120 days after the effective date of the act adding this subdivision to this section with respect to any existing lease, whichever is later, information which may be requested by the board with respect to the lease.

(2) For purposes of this subdivision, "a qualified lessor" is a lessor under a contract designated as a lease between that lessor and an entity using property which qualifies for the property tax exemption provided for by subdivision (d) or (e) of Section 3 of Article XIII of the California Constitution under which the lessee has the option at the end of the lease term of acquiring the property described in the lease for one dollar ($1), or any other nominal sum.

(3) No filing or application for exemption shall thereafter be required by a qualified lessor with respect to that lease unless the option terms of the lease change.

History.—Stats. 1945, p. 707, in effect September 15, 1945, added the word "welfare." Stats. 1965, p. 4280, in effect September 17, 1965, added "immature forest trees." Stats. 1966, p. 657 (First Extra Session), in effect October 6, 1966, first operative for the 1967–68 assessment year, added "cemetery" and "fruit and nut trees and vines, and." Stats. 1967, p. 17, in effect March 6, 1967, eliminated "fruit and nut trees and vines." Stats. 1968, p. 618, in effect November 13, 1968, substituted "procedure" for "procedures" and "veterans' " for "veteran's". Stats. 1968, p. 9 (First Extra Session), in effect September 23, 1968, operative March 1, 1969, added "homeowners' ". Stats. 1972, p. 194, in effect March 7, 1973, operative on the lien date in 1973, added "veterans' organization". Stats. 1974, Ch. 311, p. 602, in effect January 1, 1975, deleted "orphanage," after "cemetery,", and added ", free public libraries, free museums, public schools" after "welfare". Stats. 1977, Ch. 246, in effect January 1, 1978, deleted "and" between "schools" and "homeowners' " and added "and transshipment". Stats. 1978, Ch. 1112, in effect January 1, 1979, deleted the words "immature forest trees". Stats. 1981, Ch. 542, in effect January 1, 1982, added "religious" after "exhibition". Stats. 1987, Ch. 703, in effect January 1, 1988, added "(a)" before the first paragraph and added subdivision (b). Stats. 1988, Ch. 1271, in effect September 26, 1988, substituted "any property tax exemption enacted by statute or constitutional amendment." for specified exemptions after "effect" in subdivision (a).