TAX ASSESSOR'S
NEW CONSTRUCTION EXCLUSION
Conditions
of Exclusion
SECTION
75.12 of the California Revenue and Taxation Code provides that
any real property on which new construction is completed and which
qualifies for the exclusion under Section 75.12 shall not be added
to the supplemental roll until the date that property, in whole
or in part.
- Changes ownership
- Is rented or leased, or
- Is occupied or otherwise used by the owner or with the
owner's consent, except a model home or other use which is
incidental to an offer for a change of ownership, whichever
comes first.
- This exclusion
applies only if the owner notifies the assessor in
writing prior to, or within 30 days of the commencement of
construction that
he or she offers or intends to offer that property
for sale or other change of ownership, and does not intend
to rent, lease,
occupy or otherwise use that property, except model
homes or other use as is incidental to an offer for a change
of ownership, and
the owner requests the application of this section.
- The owner of
any real property granted this exclusion shall notify the assessor
within 45 days of the earliest date that any of the following occurs:
- The property changes
ownership subject to an unrecorded Contract of Sale
- The property is
rented or leased
- The property is
occupied and the occupancy of the property is other
than as a model home or incidental
to an offer for a change of ownership.
- The failure
to timely notify the assessor may result in a penalty of one hundred
dollars ($100) or 10% of the taxes applicable to the new base year
value, whichever is greater, not to exceed two thousand five hundred
dollars ($2,500).
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