Change in Ownership Resources
The following resources provide information and guidance on the Change in Ownership Survey Topic.
California Constitution
| Citation | Title |
|---|---|
| Article XIII A, §2 | Tax Limitation |
| Article XIII A, §2.1 | Tax Limitation |
Civil Code
| Section | Title |
|---|---|
| 678-703 | Interests in Property |
Revenue and Taxation Code
| Section | Title |
|---|---|
| 60-69.6 | Change in Ownership and Purchase |
| 75.10-75.15 | Assessments on the Supplemental Roll |
| 75.18 | Application of Inflation Rate |
| 75.80 | Effective Date |
| 101-136 | Construction |
| 401-409 | General Requirements |
| 441-470 | Information from Taxpayer |
| 480-487 | Change in Ownership Reporting |
| 501-506 | Arbitrary and Penal Assessments |
| 531-538 | Property Escaping Assessment |
| 2501-2516 | Medium of Payment |
| 11911-11913 | Authorization for Tax |
Property Tax Rules
The BOE is mandated to prescribe rules and regulations to govern local boards of equalization when equalizing and Assessors when assessing in compliance with the rulemaking procedures adopted by the California Office of Administrative Law. Pursuant to that mandate, the BOE has adopted various Property Tax Rules which are contained in Title 18 of the California Code of Regulations.
The following Property Tax Rules pertain to change in ownership.
| Rule | Title |
|---|---|
| 2 | The Value Concept |
| 255 | Enrollment of Supplemental Assessments |
| 460 | General Application |
| 462.001-462.240 | Change in Ownership |
| 462.260 | Date of Change in Ownership |
| 462.500 | Change in Ownership of Real Property Acquired to Replace Property Taken by Governmental Action or Eminent Domain Proceedings |
| 462.520 | Exclusion from Change in Ownership — Intergenerational Transfers |
| 462.540 | Change in Ownership — Base Year Value Transfers |
| 472 | Valuation of Real Property Interests in Timeshare Estates and Timeshare Uses |
Assessors' Handbook
The AH is a series of manuals developed by the staff of the Board of Equalization (BOE) in an open process. The objective of the AH is to give Assessors, their staff, and other interested parties an understanding of the principles of property assessment and real and personal property appraisal for property tax purposes. Additionally, the AH presents the BOE staff's interpretation of rules, laws, and court decisions on property assessment.
In attempting to relate the advice or guidance provided in the AH, care must be taken to ensure that the advice has not been superseded by subsequent legislative or administrative action, court decisions, or reconsideration of staff's position. Following advice provided in the AH is not reasonable reliance upon written advice for purpose of obtaining relief from a failure to pay tax, interest, and/or penalty. In any instance where there is an inconsistency between a statute or regulation and an AH section, statutory or regulatory law is controlling.
The following AH section pertains to procedural issues involving change in ownership.
| Section | Title |
|---|---|
| 401 | Change in Ownership |
Special Topic Survey
Letters To Assessors (LTAs)
LTAs provide an ongoing advisory service for Assessors and other interested parties. The letters present BOE staff's interpretation of rules, laws, and court decisions on property tax assessment.
The following LTAs pertain to procedural issues involving change in ownership.
| Letter to Assessor | Title |
|---|---|
| 78/147 | Miscellaneous Proposition 13 Topics |
| 78/176 | Cal-Vet Loans — Transfers from Department of Veterans' Affairs to Veterans Upon Completion of Payment |
| 78/190 | Miscellaneous Items |
| 79/155 | Guidelines to Differentiate Between a Lease and a Conditional Sales Contract |
| 79/191 | Change in Ownership by Acquisition of Corporate Stock — Section 64(c) of the Revenue and Taxation Code as Added by Assembly Bill 1488 (Chapter 242) and Amended by Assembly Bill 1019 (Chapter 1161) |
| 80/19 | Change of Ownership Reporting and Penalties for Noncompliance |
| 80/25 | Concepts in Change in Ownership |
| 80/39 | Change in Ownership — Corporate Stock Transfers |
| 80/84 | Change in Ownership — Partitions |
| 80/102 | Revenue and Taxation Code Section 482 Basis for Determining the $100 or 10 Percent Penalty for Failure to File a Change in Ownership Statement |
| 80/147 | Change in Ownership — Options |
| 81/56 | Quick Reference Chart — Change in Ownership |
| 81/114 | Execution Sales |
| 82/41 | The Board's Role in Discovering Changes in Ownership of Corporations, Partnerships, and Other Legal Entities |
| 83/39 | Quick Reference Chart — Change in Ownership |
| 83/45 | Change in Ownership of Legal Entities |
| 85/85 | Tracking Ownership Interests |
| 85/128 | Sale and Leaseback Transactions |
| 86/04 | Applying Proposition 8 to Fractional Interests in Real Property |
| 86/50 | Changes in Ownership of Air Rights |
| 86/92 | Proposition Numbers 58 and 60 in the November 4, 1986 General Election (Resolution Chapters 61 and 75 Assembly Constitutional Amendment Numbers 2 and 5) |
| 86/93 | Eligibility for Tax Relief of Property Acquired to Replace Government Taken Property (Rule 462.5) |
| 88/49 | Escaped Assessments — Probate Proceedings |
| 88/55 | Change in Ownership Due to Bankruptcy |
| 89/21 | Reorganization of Farm Credit Institutions, Supplemental Assessments Administrative Costs, Parcels Split by Revenue Districts (Chapter 560 of the Statutes of 1988, Senate Bill 569) |
| 89/33 | United States Postal Service Property |
| 91/08 | Change in Ownership Consequences of Real Property in an Estate or Trust Distributed on a “Share and Share Alike” Basis |
| 91/12 | Mitsui Fudosan v. County of Los Angeles (1990) 219 Cal.App.3d 525 |
| 91/33 | Proposition 110 Base Year Value Transfers for Disabled Persons |
| 91/43 | U.S. Postal Service Properties |
| 92/11 | Sale and Leaseback Transaction, Supreme Court |
| 92/69 | Step Transaction Doctrine |
| 94/10 | Change in Ownership: Lease-Purchase Agreement (Mayhew Tech Center, Phase II v. County of Sacramento (1992) 4 Cal.App.4th 497) |
| 94/59 | Proposition 58 Issues |
| 95/05 | Chapter 1222, Statutes of 1994 (Senate Bill 1431) |
| 95/33 | Step Transaction Doctrine |
| 95/67 | Munkdale v Giannini (1995) 35 Cal.App.4th 1104 |
| 96/52 | Chapter 491 (Senate Bill 821), Chapter 497 (Senate Bill 722), and Chapter 527 (Senate Bill 716), Statutes of 1995 |
| 97/32 | Revenue and Taxation Code Section 63.1: Grandparent/Grandchild Exclusion |
| 98/35 | Change in Filing Requirements for Revenue and Taxation Code Section 63.1, Parent-Child and Grandparent-Grandchild Exclusion |
| 99/12 | Treatment of Improvement Bonds in Determining the Fair Market Value of Real Property Being Appraised Upon Purchase |
| 99/83 | Supplemental Assessments on Electric Generation Facilities Acquired by Investor-Owned Companies |
| 2000/068 | Legislative Changes to Revenue and Taxation Code Section 69.5 |
| 2002/014 | Statute of Limitations for Supplemental and Escape Assessments |
| 2002/019 | Revenue and Taxation Code Section 69.5: Two-Year Requirement on Purchase of Land for Replacement Dwelling |
| 2003/018 | Revenue and Taxation Code Section 63.1, Parent-Child Exclusion Signature Requirements |
| 2003/077 | Explanation of Changes to Property Tax Rules 462.040 and 462.240 |
| 2004/023 | Questions and Answers Regarding Changes to Property Tax Rule 462.240 — Exclusion for Registered Domestic Partners |
| 2004/042 | Questions and Answers Regarding Changes to Property Tax Rule 462.040 |
| 2004/053 | Reporting for Propositions 58/193, Parent-Child and Grandparent-Grandchild Exclusion |
| 2005/007 | California Code of Regulations, Title 18. Public Revenues Property Tax Rule 462.500 — Change in Ownership of Real Property Acquired to Replace Property Taken by Governmental Action or Eminent Domain Proceedings |
| 2005/017 | California Domestic Partner Rights and Responsibilities Act |
| 2005/062 | Change in Ownership Exclusion — Registered Domestic Partners |
| 2006/010 | Revenue and Taxation Code Section 69.5: Propositions 60, 90, and 110 |
| 2006/025 | Grandparent/Grandchild Exclusion — Middle Generation Limitation |
| 2006/056 | Base Year Value Transfer for Persons Over Age 55 or Disabled — Change in Filing Requirements |
| 2007/021 | Revenue and Taxation Code Section 68 — Intercounty Transfers |
| 2007/043 | Change in Ownership Exclusion — Registered Domestic Partners |
| 2007/047 | Property Tax Relief — Contaminated Property |
| 2007/048 | Parent-Child Exclusion: Definition of Child |
| 2007/049 | Reporting Requirements for Residential Cooperative Housing |
| 2007/058 | Change in Ownership Exclusion — Certificate of Sale |
| 2008/007 | Change in Ownership — Life Estate |
| 2008/010 | Over 55/Disabled Base Year Value Transfer: Claim Confidentiality |
| 2008/017 | California Housing Finance Agency |
| 2008/018 | Revenue and Taxation Code Section 63.1: Parent-Child and Grandparent-Grandchild Exclusion Questions and Answers |
| 2009/004 | Processing Fee for Parent-Child and Grandparent-Grandchild Exclusion |
| 2009/041 | Application of the Step Transaction Doctrine |
| 2010/010 | Changes to Base Year Value Transfer Disaster Relief Provisions |
| 2010/028 | Change in Control or Ownership of Legal Entities: Changes to Filing Requirements and Penalty Provisions |
| 2010/034 | Steinhart v. County of Los Angeles |
| 2010/038 | Preliminary Change of Ownership Report and Change in Ownership Statement |
| 2010/045 | Change in Control and Ownership of Legal Entities Penalty Charts |
| 2010/057 | Document Destruction |
| 2011/002 | Base Year Value Transfer — Over 55/Disabled: Eligible Claimant |
| 2011/014 | U.S. Department of Housing and Urban Development |
| 2011/016 | Legal Entities Change in Ownership — Overview |
| 2011/048 | Change in Ownership Statements |
| 2011/050 | Access to Assessors' Records |
| 2011/052 | Parent-Child and Grandparent-Grandchild Exclusion: Cooperative Housing Corporation |
| 2012/010 | Summary of 2011 Property Taxes Legislation |
| 2012/011 | Form BOE-62-DP, Claim for Reassessment Reversal for Registered Domestic Partners |
| 2012/012 | Disaster Relief: “Substantially Damaged or Destroyed” |
| 2013/008 | Change in Ownership Exclusion: Floating Home Marina |
| 2013/021 | Change in Ownership Exclusion — Cotenants |
| 2013/030 | Claim for Reassessment Exclusion for Transfers between Parents and Children and Transfers from Grandparents to Grandchildren |
| 2013/043 | Revenue and Taxation Code Section 69.5 Ordinances |
| 2013/044 | Property Tax Rule 462.040 Change in Ownership — Joint Tenancies |
| 2014/061 | Revenue and Taxation code Section 69.5 Ordinances |
| 2015/007 | Active Solar Energy System Exclusion and Section 69.5 Base Year Value Transfer Claims |
| 2016/006 | Revocable Transfer on Death Deed: Effect Upon Property Tax |
| 2016/007 | Parent-Child and Grandparent-Grandchild Exclusion: Pro Rata Interest in Mobilehome Park or Floating Home Marina |
| 2016/008 | Government Acquisition Base Year Value Transfer: Change in Filing Requirements |
| 2016/022 | Revenue and Taxation Code Section 69.5 Ordinances |
| 2018/013 | Revenue and Taxation Code Section 69.5 Ordinances |
| 2018/057 | Change in Ownership Exclusion: Local Registered Domestic Partners |
| 2020/002 | Change in Ownership Exclusion: Transfer of Corporation Stock from Parent to Child |
| 2021/007 | Proposition 19 Forms |
| 2021/038 | California Code of Regulations Title 18, Public Revenues Property Tax Rule 462.500 |
| 2021/054 | California Code of Regulations Title 18, Public Revenues Property Tax Rule 462.520 |
| 2022/005 | California Code of Regulations Title 18, Public Revenues Property Tax Rule 462.540 |
| 2022/009 | Implementation of Proposition 19: Base Year Value Transfers |
| 2022/012 | Implementation of Proposition 19: Intergenerational Transfer Exclusion |
| 2022/025 | Revised Proposition 19 Forms |
| 2022/051 | Taxpayers' Rights Advocate Office Updated Information Sheets on Property Tax Savings Reflecting the Passage of Proposition 19 — Intergenerational Transfer Exclusions and Base Year Value Transfers for Persons Age 55 and Older or Disabled Persons |
| 2023/046 | Change in Ownership Exclusions: Proposition 19 Technical Cleanup |
Annotated Legal Opinions
Annotated legal opinions are summaries of the conclusions reached in selected legal rulings of California State Board of Equalization counsel.
The following legal opinions pertain to questions involving change in ownership.
| Annotated Legal Opinion | Title |
|---|---|
| 200.0000 et seq. | Base Year Value Transfer |
| 220.0000 et seq. | Change in Ownership |
| 280.0001 | Lease or Conditional Sales Contract |
| 290.0000 et seq. | County Assessor |
| 340.0005 | Foreclosure |
| 390.0000 et seq. | Escape Assessments |
| 493.0000 et seq. | Grandparent-Grandchild Transfer |
| 565.0000 et. seq. | Legal Entities |
| 625.0000 et. seq. | Parent-Child Transfer |
| 790.0000 et. seq. | Supplemental Assessments |
California Consumer Price Index
Current and prior year inflation factors are available on the LTA webpage. Select the appropriate year and search for the California Consumer Price Index LTA or use the Topical Index to search by topic.
Intergenerational Transfer Exclusion, Adjustment of the $1 Million Amount
Under section 2.1(c) of article XIII A of the California Constitution and Revenue and Taxation Code section 63.2, the transfer of a family home or each legal parcel of a family farm is subject to a value cap that is the sum of the property's factored base year value plus $1 million. The $1 million amount is adjusted every other year for inflation, beginning in February 2023. The BOE calculates and publishes the adjustments. Current and prior adjustments of the $1 million amount are available on the LTA webpage. Select the appropriate year and search for the Intergenerational Transfer Exclusion, Adjustment of the $1 Million Amount LTA or use the Topical Index to search by topic.