Decline in Value – Resources
The following resources provide information on guidance on decline-in-value Proposition 8.
California Constitution
| Section | Title |
|---|---|
| Article XIII A, §2 | Tax Limitation |
Revenue and Taxation Code
| Section | Title |
|---|---|
| 50 - 53 | Base Year Values |
| 601-623 | Assessment Roll |
| 1601-1616 | Equalization by County Board of Equalization Generally |
| 4831-4842 | Corrections Generally |
Property Tax Rules
The BOE is mandated to prescribe rules and regulations to govern local boards of equalization when equalizing and County 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.
| Rule | Title |
|---|---|
| 461 | Real Property Value Changes |
| 474 | Petroleum Refining Properties (in effect October 1, 2015) |
Assessors' Handbook (AH)
The AH is a series of manuals developed by the staff of the BOE in an open process. The objective of the AH is to give County 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to relate the advice or guidance provided in the AH, care must be taken to ensure that the advice has not been superseded by subsequent legislative or administrative action, court decisions, or reconsideration of staff's position.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 the 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 sections provide information on declines in value under Proposition 8.
| Rule | Title |
|---|---|
| Manual | Assessment Appeals Manual |
| 401 | Change in Ownership |
| 410 | Assessment of Newly Constructed Property |
| 501 | Basic Appraisal |
| 502 | Advanced Appraisal |
| 504 | Assessment of Personal Property and Fixtures |
| 510 | Assessment of Taxable Possessory Interests |
| 511 | Assessment of Manufactured Homes and Parks |
| 521 | Assessment of Agricultural and Open-Space Properties |
| 560 | Assessment of Mining Properties |
Letters To Assessors (LTAs)
LTAs provide an ongoing advisory service for County 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 assessment or procedural issues involving declines in value in California.
| Letter to Assessor | Title |
|---|---|
| 79/39 | Real Property Value Changes |
| 79/59 | Effect of Proposition 8 Upon Machinery and Equipment Valuation |
| 79/143 | Effect of Assembly Bill 1488 Upon Fixtures and Machinery and Equipment Classified as Improvements |
| 80/129 | Judgment: State Board of Equalization v. San Diego County Assessment Appeals Board |
| 81/19 | Recent Judicial Decisions |
| 82/25 | The Consumer Price Index and Property Having Stagnant or Declining Value |
| 86/04 | Applying Proposition 8 to Fractional Interests in Real Property |
| 86/36 | Declines in Value on First Lien Date (Proposition 8) |
| 92/24 | Declines in Value |
| 92/63 | Declines in Value Assessment Uniformity |
| 93/71 | Declines in Value: Notification of Amount of Assessment |
| 95/54 | Assessment Appeals and Roll Corrections |
| 96/52 | Informal Assessment Review |
| 2004/060 | Annual Increases in Value |
| 2009/024 | Decline in Value: Excluded New Construction |
| 2009/038 | Errors in Assessed Values Established Under Proposition 8 |
| 2011/051 | Decline in Value Roll Corrections: Floating Homes and Manufactured Homes |
| 2012/053 | Guidelines for Active Solar Energy Systems New Construction Exclusion |
| 2014/023 | Guidance Regarding Taxable Possessory Interests Property Taxable Rule 21(d), Term of Possession for Valuation Purposes |
| 2024/031 | Active Solar Energy System New Construction Exclusion: Clarification of Sunset Date Extension |
Annotated Legal Opinions
Annotated legal opinions are California State Board of Equalization counsel summaries of select legal rulings and synopses of past advice. The following legal opinions pertain to questions involving declines in value.
| Title | Annotated Legal Opinion |
|---|---|
| 850.0016 | Value – Decline in Value (Appraisal Unit) |
| 850.0017 | Value – Decline in Value (Appraisal Unit) |
| 850.0019 | Value – Decline in Value (Recognizable Income Impairments) |
| 850.0020 | Value – Decline in Value (Usable Value Approaches) |
| 850.0030 | Value – Lesser of Market Value or Factored Value |
| 850.0031 | Value – Lesser of Market Value or Factored Value |
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.