Amended by Stats. 1988, Ch. 1271, Sec. 4. Effective September 26, 1988.
requested by the board with respect to the lease.
California Revenue and Taxation Code — §§ 251-261
Amended by Stats. 1988, Ch. 1271, Sec. 4. Effective September 26, 1988.
requested by the board with respect to the lease.
Amended by Stats. 1969, Ch. 143.
When making the first claim any person claiming the veterans’ exemption, or the spouse, legal guardian, or conservator of such person, or one who has been granted a power of attorney by such person, shall appear before the assessor, shall give all information required and answer all questions in an affidavit prescribed by the State Board of Equalization, and shall subscribe and swear to the affidavit before the assessor. The assessor may require other proof of the facts stated before allowing the exemption. In subsequent years the person claiming the veterans’ exemption, or the spouse, legal guardian, or conservator of such person, or one who has been granted a power of
attorney by such person, may file the affidavit under penalty of perjury by mail.
Where a claim is filed by a legal guardian or conservator of a person claiming the veterans’ exemption, or one who has been granted a power of attorney by such claimant, the person filing the affidavit shall declare that he has sufficient knowlege of the financial affairs of the claimant to give all information required and answer all questions in the affidavit under penalty of perjury.
Added by renumbering Section 255.5 by Stats. 1974, Ch. 1107.
Among other facts, the veterans’ exemption affidavit shall contain a statement, showing the claimant’s residence. When the affidavit is filed in a county other than the county of the claimant’s residence, it shall be filed in duplicate and the assessor shall transmit the duplicate copy to the assessor of the county of residence.
Amended by Stats. 2019, Ch. 9, Sec. 19. (AB 46) Effective January 1, 2020.
If, because of active military service of the United States in time of war, sickness, or other cause found to be unavoidable in the judgment of the assessor, an applicant for the veterans’ exemption is unable to attend in person before the assessor, and a deputy is not available to go to the place where the applicant is located, then the applicant may make and subscribe the affidavit before any person authorized to administer an oath. If, during time of war, the applicant is in active military service of the United States or of any nation with which the
United States is allied, or is outside of the continental limits of the United States, or if the person entitled to the exemption has a mental health disorder or lacks mental capacity, a member of the applicant’s immediate family or the applicant’s guardian or legal representative, having personal knowledge of the facts required to be set forth, may appear before the assessor and may make and subscribe the affidavit on the applicant’s behalf.
Amended by Stats. 1974, Ch. 1107.
Any person claiming the homeowners’ property tax exemption shall submit to the assessor an affidavit, giving any information required by the board. Such information shall include, but shall not be limited to, the name of the person claiming the exemption, the address of the property, and a statement to the effect that the claimant owned and occupied the property as his principal place of residence on the lien date, or that he owns and intends to occupy the property as his principal place of residence on the next succeeding lien date.
A claim for the homeowners’ exemption filed by the owner of a dwelling, as defined in Section 218,
once granted for the 1974–75 fiscal year or any fiscal year thereafter, shall remain in effect until such time as title to the property changes, the owner does not occupy the home as his principal place of residence on the lien date, or the property is otherwise ineligible pursuant to the provisions of Section 218.
If the exemption is lost by the owner of the property for any reason, he may file a new claim in the same manner as a new owner may file one.
Amended by Stats. 2002, Ch. 775, Sec. 15. Effective January 1, 2003.
Any person claiming the church, cemetery, college, exhibition, welfare, veterans’ organization, free public libraries, free museums, aircraft of historical significance, tribal housing, or public schools property tax exemption and anyone claiming the classification of a vessel as a documented vessel eligible for assessment under Section 227, shall submit to the assessor annually an affidavit, giving any information required by the board.
Added by Stats. 1947, Ch. 666.
All property owned by the United States or any agency thereof and used exclusively for migratory water fowl refuges, or used for the promotion or protection of migratory water fowl or for migratory water fowl public shooting grounds is exempt from taxation. No affidavit need be filed for this exemption.
Amended by Stats. 2018, Ch. 37, Sec. 56. (AB 1817) Effective June 27, 2018.
The assessor may not approve a property tax exemption claim until the claimant has been issued a valid organizational clearance certificate pursuant to Section 254.6. Financial statements shall be submitted only if requested in writing by the assessor.
exemption is claimed meets the requirements of Section 215.1. In this connection, the assessor shall consider, among other matters, whether:
(A) Any capital investment of the owner or operator for expansion of a physical plant is justified by the contemplated return thereon, and required to serve the interests of the community.
(B) The property on which the exemption is claimed is used for the actual operation of an exempt activity and does not exceed an amount of property reasonably necessary to the accomplishment of the exempt purpose.
Prior to the lien date, the assessor shall annually mail a notice to every applicant relieved of the requirement of
filing an annual application by this subdivision.
The notice shall be in a form and contain that information that the board may prescribe, after consultation with the California Assessors’ Association, and shall set forth the circumstances under which the property may no longer be eligible for exemption, and advise the applicant of the duty to inform the assessor if the property is no longer eligible for exemption.
The notice shall inform any applicant desiring to maintain eligibility for the welfare exemption under Section 214.15 or Section 231 for the next fiscal year of the procedure to reaffirm exemption eligibility. The failure to reaffirm eligibility for the exemption does not of itself constitute a waiver of exemption as called for by the California Constitution, but may result in additional contact by the assessor to verify exempt activity.
Amended by Stats. 2018, Ch. 37, Sec. 57. (AB 1817) Effective June 27, 2018.
requirements. In this connection, the board staff shall consider, among other matters, whether:
appeal of the board staff’s finding of ineligibility with the board within 60 days of the date of mailing of the notice of ineligibility. The appeal of the board staff’s finding shall be in writing and shall state the specific grounds upon which the appeal is founded.
the board staff determines that the organization no longer meets the requirements of Section 214. Once granted, an organizational clearance certificate for the veterans’ organization exemption remains valid until the board staff determines that the organization no longer meets the requirements of Section 215.1.
Amended by Stats. 1997, Ch. 941, Sec. 3. Effective January 1, 1998.
Amended by Stats. 1971, Ch. 147.
The assessor, whenever in his judgment good cause exists, may grant a reasonable extension of time for filing a claim for the homeowners’ property tax exemption to any claimant who has filed a timely claim, but the claim is otherwise defective because it lacks either any of the required information or the signature of the claimant.
Only one extension shall be allowed to such claimant for any one filing period. No extension shall be more than six months from the due date provided for filing the claim, unless the assessor does not find and notify the claimant of the defect within a reasonable time to allow resubmission of the defective
claim as corrected before the expiration of the six-month extension, in which case the assessor shall extend the permissible period for filing no more than three months from the time the defect or defects are found and the claimant is notified.
Amended by Stats. 1991, Ch. 646, Sec. 4.
Notwithstanding Section 255 of the Revenue and Taxation Code, any veteran who is filing for the veteran’s exemption on his or her principal place of residence for the first time or who was found eligible for that exemption on his or her principal place of residence in the immediately preceding year and whose claim is timely filed but disallowed for the current year may, if otherwise qualified for the homeowner’s exemption, file for the homeowner’s exemption as provided herein.
The assessor shall notify those applicants he or she finds ineligible for the veteran’s exemption of his or her finding and shall inform
them that they have 15 days from the date of the notice to file for the homeowner’s exemption. The failure of the assessor to provide the notice required by this section shall extend the filing period for those not notified to the next lien date.
Amended by Stats. 1997, Ch. 941, Sec. 4. Effective January 1, 1998.
For the 1998–99 fiscal year and each fiscal year thereafter, the assessor shall on or before January 15 mail a claim form for the homeowners’ exemption to a person acquiring title to, and recording his or her ownership of an eligible dwelling after the immediately preceding lien date and before the lien date of the calendar year of the claim. The failure of a person to receive a claim form shall not, however, excuse the person from timely filing of the required affidavit.
Amended (as added by Stats. 1974, Ch. 60, Sec. 8) by Stats. 1974, Ch. 1107, Sec. 7. Amendment operative beginning with 1974-75 fiscal year, by Sec. 21 of Ch. 1107.
The assessor shall verify the eligibility of each claimant who is receiving a homeowners’ exemption to continue to receive such an exemption in accordance with rules issued by the board to provide for a periodic audit and for the establishment of a control system for the homeowners’ exemption claims.
Added by Stats. 1974, Ch. 60.
Whenever a change of ownership is recorded in the county recorder’s office, the county recorder shall provide the assessor with a copy of the transfer of ownership document as soon as possible.
Amended by Stats. 1983, Ch. 1281, Sec. 12. Effective September 30, 1983.
In counties having 10 percent or more persons who are of Spanish origin according to the most recent federal decennial census, claim forms and accompanying instructions required to be sent to homeowners by Section 255.3 shall be in English and Spanish. Claim forms and instructions in Spanish may also be sent or made available in any other county, at the discretion of the county assessor.
Amended by Stats. 1976, Ch. 681.
date.
Added by Stats. 1966, 1st Ex. Sess., Ch. 147.
The affidavit for the cemetery exemption shall show that:
Added by Stats. 2003, Ch. 604, Sec. 4. Effective January 1, 2004.
exemption.
To all persons and entities that have received a nonprofit cemetery exemption for the ____ fiscal year.
QUESTION: Will the property to which the exemption applied in the ____ fiscal year continue to be used or held exclusively for the burial or other permanent deposit of the human dead or for the care, maintenance, or upkeep of that property or those dead in the ____ fiscal
year?
___ yes___ no
Signature: ____________ Title: __________
Failure to return this card does not constitute a waiver of this exemption as specified by the California Constitution, but may result in an onsite inspection by the assessor to verify any exempt activity.
Added by Stats. 2003, Ch. 604, Sec. 5. Effective January 1, 2004.
cemetery, if both of the following apply:
Amended by Stats. 2002, Ch. 214, Sec. 3. Effective January 1, 2003.
building.
incorrectly allowed, the assessor shall make a redetermination of eligibility for the religious exemption. If the assessor determines that the property or any portion thereof is no longer eligible for the exemption, he or she shall immediately cancel the exemption on so much of the property as is no longer eligible for exemption.
If a religious exemption has been incorrectly allowed, an escape assessment as allowed by Article 4 (commencing with Section 531) of Chapter 3 in the amount of the exemption with interest as provided in Section 506 shall be made, together with a penalty for failure to notify the assessor, where applicable, in the amount of 10 percent of the assessment, but may not exceed two hundred fifty dollars ($250) in tax liability.
Amended by Stats. 1983, Ch. 312, Sec. 3.
For the 1983–84 fiscal year and fiscal years thereafter, the assessor shall annually, prior to the lien date, mail a notice to every person who received the religious exemption for the previous fiscal year.
The notice shall be in a form and contain that information which the board may prescribe, and shall set forth the circumstances under which the property may no longer be eligible for exemption and advise the person of the duty to inform the assessor if the property is no longer eligible for exemption.
The notice shall include a card which is to be returned to the
assessor by any person who desires to maintain eligibility for the religious exemption. That card shall be in the following form:
Amended by Stats. 1963, Ch. 244.
The affidavit for the college exemption shall show that:
Any additional proof of the facts stated may be required by the assessor.
The exempt grounds need not be contiguous or in one tract.
Enacted by Stats. 1939, Ch. 154.
The affidavit for the exhibition exemption shall state the facts showing that the property comes within all the descriptions entitling it to the exemption.
Amended by Stats. 2003, Ch. 471, Sec. 12.3. Effective January 1, 2004.
The claim for the welfare exemption shall show that the property use requirements entitling the property to the exemption are met, and that the claimant has a valid organizational clearance certificate issued pursuant to Section 254.6.
Amended by Stats. 2003, Ch. 471, Sec. 12.4. Effective January 1, 2004.
The claim for the veterans’ organization exemption shall show that the property use requirements entitling the property to the exemption are met, and that the claimant has a valid organizational clearance certificate issued pursuant to Section 254.6.
Added by Stats. 1974, Ch. 186.
The affidavit for the free public libraries exemption shall indicate the extent to which the property is open to the public, whether or not any admission or user charge is made for the use of library books, periodicals or facilities and the extent (if any) to which sales or business activites are conducted on the premises.
Added by Stats. 1974, Ch. 186.
The affidavit for the free museums exemption shall indicate whether or not any admission or user charge is made to those viewing the museum contents and the extent (if any) to which sales or business activities are conducted on the premises.
Added by Stats. 1974, Ch. 186.
The affidavit for the public schools exemption shall show:
Added by Stats. 1988, Ch. 1271, Sec. 7. Effective September 26, 1988.
The affidavit for the aircraft of historical significance exemption shall show that both the property and the owner meet all the requirements entitling the property to the exemption.
Added by Stats. 2002, Ch. 775, Sec. 16. Effective January 1, 2003.
which do not qualify for the exemption, the description must list the qualifying and nonqualifying units.
the same county.
531) of Chapter 3 in the amount of the exemption with interest as provided in Section 506 shall be made, together with a penalty for failure to notify the assessor, where applicable, in the amount of 10 percent of the assessment.
Added by Stats. 2016, Ch. 836, Sec. 3. (SB 996) Effective January 1, 2017.
maximum rent that may be charged to the occupant.
Amended by Stats. 2023, Ch. 734, Sec. 2. (AB 84) Effective October 11, 2023.
2022–23 fiscal year through the 2027–28 fiscal year, when claiming a welfare exemption for units pursuant to clause (iv) of subparagraph (A) of paragraph (2) of subdivision (g) of Section 214, in addition to giving any other information as prescribed by the board, the claim for welfare exemption shall be accompanied by an affidavit that provides the information set forth in subdivision (b).
following information:
percentage of area median income, or other determinant factor, from which the maximum rent that may be charged to the occupant is derived.
Amended by Stats. 1941, Ch. 8.
If any person, claiming any exemption named in this article, fails to follow the required procedure, the exemption is waived by the person.
Amended by Stats. 1984, Ch. 678, Sec. 16.
unrecorded contract of sale may in lieu of the recordation pursuant to subdivision (a) furnish or show the contract to the assessor and file an affidavit with the assessor stating all of the following:
That document copy or written statement shall not be required annually following the year in which it has been filed but shall remain in effect until such time as that possessory interest terminates or ownership of the water rights or improvements transfers.