Exemptions Resources
The following resources provide information and guidance on the Exemptions Survey Topic.
California Constitution
Citation | Title |
---|---|
Article XIII, §4 | Taxation |
Article XIII, §5 | Taxation |
California Code of Regulations
Section | Title |
---|---|
5333-5333.6 | Contents of Property Tax Welfare and Veterans' Organization Exemption Petitions and Filing Deadlines |
Revenue and Taxation Code
Section | Title |
---|---|
75.20-75.24 | Exemptions |
201-242 | Taxable and Exempt Property |
251-261 | Procedure to Claim Exemptions |
270-279.5 | Late Exemption Claims |
441-470 | Information from Taxpayer |
531-538 | Property Escaping Assessment |
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 exemptions.
Rule | Title |
---|---|
136 | Limited Liability Companies as Qualifying Organizations for the Welfare Exemption |
137 | Application of the Welfare Exemption to Property Used for Housing |
140 | Welfare Exemption Requirements for Low-Income Housing Properties |
140.1 | Requirements for Managing General Partner of Limited Partnership for Welfare Exemption for Low-Income Housing Properties |
140.2 | Requirements for Supplemental Clearance Certificate for Limited Partnership for Welfare Exemption for Low-Income Properties |
143 | Requirements for Irrevocable Dedication Clause and Dissolution Clause for Organization Clearance Certificate for Welfare Exemption |
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to relate the advice or guidance provided in the AH, care must be taken to ensure that the advice has not been superseded by subsequent legislative or administrative action, court decisions, or reconsideration of staff's position.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 exemptions.
Section | Title |
---|---|
267 | Welfare, Church, and Religious Exemptions |
BOE Publications
Following advice provided in the BOE publications 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 a publication, statutory or regulatory law is controlling.
The following publication pertains to exemptions.
Publication | Title |
---|---|
149 | Property Tax Welfare Exemption |
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 exemptions.
Letter to Assessor | Title |
---|---|
82/06 | College Exemption, Seminaries and Student Housing |
86/45 | Welfare Exemption — Property Owned by a College and Used by Qualifying Religious, Hospital, Scientific or Charitable Organization |
92/04 | Welfare Exemption for Museums |
2003/070 | Revised Administration of the Welfare and Veterans' Organization Exemptions — Effective January 1, 2004 |
2003/095 | Low-Income Housing, Managing General Partner Revised Administration of the Welfare Exemption Effective January 1, 2004 |
2004/058 | Welfare and Veterans' Organization Exemptions Revised Claim Forms |
2004/085 | Property Tax Rule 136 — Limited Liability Companies as Qualifying Organizations for the Welfare Exemption |
2005/019 | Welfare Exemption Organization Clearance Certificate Form Revision Limited Liability Companies as Qualifying Organizations |
2008/034 | Community Benefit Test for the Welfare Exemption |
2008/054 | Cell Towers on Property of Religious Organizations |
2009/055 | Welfare Exemption — Filing Requirements Property Leased to a Government or Public Education Entity |
2010/057 | Document Destruction |
2011/044 | Community Benefit Test for the Welfare Exemption |
2012/026 | Termination of Exemption Upon Sale or Transfer |
2014/058 | Effective Administrative Practices — Welfare Exemption |
2015/018 | Notice of Board Action — Welfare Exemption Low-Income Housing Property Partial Exemptions |
2016/065 | Revised Welfare Exemption Renewal Process — Low-Income Housing Builders and Property Leased to Government |
2017/011 | Welfare Exemption Low-Income Rental Housing Exemption Limitation |
2018/051 | Summary of 2018 Property Tax Legislation (SB 1115) |
2019/001 | Welfare Exemption Low-Income Rental Housing Exemption Limitation |
2022/001 | Welfare Exemption — Natural Resources and Open-Space Lands Extension of Sunset Date |
2023/044 | Welfare Exemption Building Rehabilitating/Houses to Sell To Low-Income Families |
2024/017 | Welfare Exemption: Affordable Housing for Community Land Trust |
2024/018 | Welfare Exemption: Affordable Housing |
2024/047 | 2024-25 Income Levels for the Welfare Exemption (Correction) |
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 exemptions.
Annotated Legal Opinion | Title |
---|---|
880.0000 et seq. | Welfare Exemption |
Income Levels for Leased Property Used Exclusively for Low-Income Rental Housing
Current and prior fiscal year lists of various income levels of households used by the county to determine eligibility for exemption on leased property used exclusively for low income rental housing are available on the LTA webpage. Select the appropriate year and search for the Income Levels for Leased Property Used Exclusively for Low-Income Rental Housing LTA or use the Topical Index to search by topic.
Income Levels for Tribal Housing Exemption
Current and prior fiscal year lists of various income levels of households used by the county to determine eligibility for the tribal housing exemption are available on the LTA webpage. Select the appropriate year and search for the Income Levels for Tribal Housing Exemption LTA or use the Topical Index to search by topic.
Income Levels for the Welfare Exemption
Current and prior fiscal year lists of various income limits of households used by the county to determine eligibility for the welfare exemption under section 214(f) and (g) are available on the LTA webpage. Select the appropriate year and search for the Income Levels for the Welfare Exemption LTA or use the Topical Index to search by topic.