Change of Ownership Property Tax FAQ
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Change of Ownership Property Tax FAQ
What is a change in ownership for legal entities?
In general, there are two types of transfers involving legal entities that result in a change in ownership of California real property owned by the legal entity. One type of transfer is the transfer of interest in real property to and by a legal entity. This involves a transfer of an interest in real property between a corporation, partnership, LLC, or other entity and a shareholder, partner, or any other person (including another entity) that results in a change in ownership of the real property transferred. Note: This type of transfer should be reported to the local county assessors’ office where the real property is located, not with the State Board of Equalization (BOE).
The second type of transfer is the transfer of ownership interest in a legal entity that owns real property. A change in ownership of the real property owned by the legal entity occurs upon either of the two transfer events described below.
(1) If a person or legal entity acquires more than 50 percent of the ownership interest in a legal entity, there is a change in ownership of the real property owned by the acquired legal entity. This type of transfer is referred to as a change in control.
(2) A transfer of ownership interest in a legal entity that results in a cumulative transfer of more than 50 percent of original co-owner interests* in that entity is a change in ownership of the real property owned by the entity. This type of transfer is referred to as a change in ownership.
Note: A transfer of ownership interest in a legal entity that results in a change in control or change in ownership must be reported to the BOE on form, BOE-100-B
What is a change in control of a legal entity?
Control may be obtained directly or indirectly.
Direct Control: A person or entity obtains direct control of an entity when it acquires more than 50 percent of the voting stock of a corporation, when it acquires a majority (more than 50%) ownership interest in any partnership or LLC capital and profits, or when it acquires more than 50 percent of the total ownership interest in any other entity.
Indirect Control: A person or entity may obtain indirect control of an entity by acquiring direct control of another entity that, in turn, directly or indirectly controls another entity.
What property is subject to reassessment if a change in ownership or change in control has occurred?
However, if a legal entity has undergone a change in ownership, the interest in real property is only the property previously excluded from reassessment under Revenue and Taxation Code section 62(a)(2).
It includes all real property (for example, land, buildings, structures, and fixtures) owned and real property that is leased by the acquired entity from a government entity (that is, city, county, state, or federal agency) for any term or real property leased from a private owner under a long term lease with a remaining term of 35 years or more.
Once a change in control or a change in ownership has occurred, does this cause an automatic reassessment of the California real property owned by the acquired legal entity?
What is the form BOE-100-B and do I have to file the form?
Form BOE-100-B, Statement of Change in Control and Ownership of Legal Entities, is used by the BOE to obtain information to determine whether a transfer of interest in a legal entity has triggered a change in control or ownership that results in the reassessment of the California real property owned by the entity, and whether an exclusion from change in ownership applies. Failure to file in either circumstance noted above will result in application of penalty pursuant to Revenue and Taxation Code section 482(b).
- Whenever there is a change in ownership or a change in control of a legal entity and the legal entity owned an interest in California real property as of that date, the person or legal entity acquiring ownership control or the legal entity that has undergone a change in ownership must file a statement with the Board. (See Revenue and Taxation Code sections 480.1 and 480.22.)
- When an entity is requested by the BOE to file regardless of whether or not a change in control or ownership of the legal entity has occurred or whether the legal entity owned an interest in real property.
The acquiring person or legal entity is required to file form BOE-100-B within 90 days of the change in control or the legal entity that has undergone a change in ownership must file. However, any person or legal entity that receives a form BOE-100-B must complete and file the BOE-100-B with the BOE. Note: If a written request to file is made by the BOE, form BOE-100-B must be filed within 90 days, regardless of whether a change in control or ownership of the legal entity has occurred. (See Revenue and Taxation Code sections 480.1 and 480.2.)
Why did I receive the form BOE-100-B?
What is the filing period if there is insufficient information to determine if a change in control or ownership has occurred due to the death of an interest holder?
In situations where there is insufficient information to determine whether an entity has undergone a change in control or change in ownership as of the date of death, (for example, final distribution of the legal entity interests has not been determined) the filing of a form BOE-100-B must be made within 90 days of the date of death containing as much information as the parties have available to them.
An amended form BOE-100-B must be filed within 90 days after the reporting entity or individual obtains information confirming the final distribution of the legal entity interests resulting in a change in control or change in ownership of the entity in order to avoid the imposition of the penalty