Statement Of Change In Control And Ownership Of Legal Entities {BOE-100-B} | Pdf Fpdf Docx | California
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Statement Of Change In Control And Ownership Of Legal Entities {BOE-100-B} | Pdf Fpdf Docx | California

Statement Of Change In Control And Ownership Of Legal Entities {BOE-100-B}

This is a California form that can be used for Board Of Equalization within Statewide.

Alternate TextLast updated: 7/20/2018

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INSTRUCTIONS FOR COMPLETING BOE-100-BSTATEMENT OF CHANGE IN CONTROL AND OWNERSHIP OF LEGAL ENTITIESen-USFiling Requirements for Legal Entitiesen-USWhenever there is a en-USchange in controlen-US pursuant to section 64(c) of the Revenue and Taxation Code (R&TC) or a en-USchange en-USin ownershipen-US pursuant to R&TC section 64(d) of a legal entity, and the legal entity owned or leased (see de037nition en-USof interest in real property*) an interest in California real property as of that date, the person or legal entity acquiring en-USownership controlen-US or the legal entity that has undergone a en-USchange in ownershipen-US must 037le the BOE-100-B, en-USStatement en-USof Change in Control and Ownership of Legal Entitiesen-US (statement) with the Board of Equalization (BOE) at its of037ce in en-USSacramento within 90 days of the change in control or ownership (R&TC section 480.1 and 480.2). In addition, any legal en-USentity is required to 037le a statement with the BOE within 90 days of the date of the BOE222s request regardless of whether a en-USchange in control or ownership of the legal entity has occurred.en-USThis statement must be 037led with the Legal Entity Ownership Program, Board of Equalization, P.O. Box 942879, en-USSacramento, CA 94279-0064.en-USLegal Entity Information and Resourcesen-USStatements are processed by staff in the BOE222s Legal Entity Ownership Program (LEOP). Further information regarding en-USlegal entities, links to relevant statutes, Property Tax Rules, and annotated letters are available on the BOE222s website en-USat en-USwww.boe.ca.gov/proptaxes/leop.htmen-US.en-US In addition, the LEOP web page provides an overview of the LEOP program, en-USde037nitions of terms, and access to the statement and Frequently Asked Questions (FAQs). You may also contact the en-USLEOP staff at 1-916-274-3410.en-USPenalty Informationen-USIf a person or legal entity fails to 037le the statement timely with the BOE as required by R&TC section 480.1 and 480.2, en-USthe penalty pursuant to R&TC section 482 is 10 percent of the taxes applicable to the new base year value re036ecting en-USthe change in control or change in ownership of the real property owned by the corporation, partnership, limited liability en-UScompany or legal entity or 10 percent of the current year222s taxes on that property if no change in control or change in en-USownership occurred.en-USChange in Control or Change in Ownership of Legal Entitiesen-USChange in Controlen-US227R&TC 64(c)227A en-USchange in controlen-US occurs when any person or legal entity obtains more than en-US50035percent of the ownership interest in a legal entity; control may be obtained directly or indirectly. If a legal entity has en-USundergone a change in control, en-USallen-US interests in real property* located in California and held by the en-USacquireden-US legal entity (or en-USany legal entity(ies) under its ownership control) as of the date of the change in control is subject to reassessment.en-USFor purposes of determining whether a legal entity has undergone a change in control, the acquisition of ownership en-USinterest is considered. In the case of corporations, an ownership interest is represented by voting stock. In the case of en-USpartnerships or limited liability companies, an ownership interest is represented by the total interest in capital en-USand en-USpro037ts.en-USChange in Ownershipen-US227R&TC section 64(d)227A en-USchange in ownership en-USoccurs when cumulatively more than 50035percent en-USof the original co-owners222 interests in the legal entity is transferred; original co-owner status is created when a en-UStransfer of property is excluded from reassessment under R&TC section 62(a)(2) in a prior transaction. If a legal entity en-UShas undergone a change in ownership, then en-USonly the interest in real property* that was previously excludeden-US from en-USreassessment under R&TC section 62(a)(2) is subject to reassessment as of the date of the change in ownership. If, en-UShowever, a legal entity has also undergone a change in control under R&TC section 64(c) and there has been a transfer en-USof cumulatively more than 50 percent of the original co-owners222 interests, then en-USallen-US interests in real property* located in en-USCalifornia and owned by the legal entity (or any legal entity(ies) under its ownership control) as of the date of the change en-USin control is subject to reassessment.en-US*Interests in real propertyen-US227For change in control and change in ownership purposes, interest in real property includesen-USany of the following: 1. Land, improvements (i.e., buildings and structures), or 037xtures OWNED; 2. Land, improvements (i.e., buildings and structures), or 037xtures HELD UNDER LEASE from a private owner if en-USthe remaining term of the lease, including written renewal options, exceeds 35 years; 3. Land, improvements (i.e., buildings and structures), or 037xtures HELD UNDER LEASE from a public owner (i.e., en-USany agency of local, state, or federal government) for any term; or 4. Mineral rights, including working interest in oil, gas and geothermal steam-producing properties owned or held en-USon lease for any term, whether in production or not.en-USNote:en-US It doesen-US en-USnoten-US include personal property owned, such as personal computers or of037ce equipmenten-US.en-USBOE-100-B-INST (S1F) REV. 5 (6-18) en-USSTATE OF CALIFORNIAen-USBOARD OF EQUALIZATION American LegalNet, Inc. www.FormsWorkFlow.com en-USCOVER PAGEen-USName and Address of Legal Entity:en-US Provide the name and address of the legal entity en-US037lingen-US the statement.en-USLegal Entity Identi037cation No.:en-US For domestic and foreign (out of state or country) corporations and limited liability en-UScompanies, provide the ID Number assigned by the California Secretary of State; for partnerships provide the Federal en-USEmployer Identi037cation Number (FEIN).en-USQuestion 1:en-USProvide the year in which the en-US037lingen-US legal entity (or any legal entity under its ownership control) acquired ownership control en-US(more than 50 percent interest) of any other legal entity. In the case of corporations, an ownership interest is represented en-USby voting stock. In the case of partnerships or limited liability companies, an ownership interest is represented by the en-UStotal interest in capital en-USanden-US pro037ts. If the BOE sent a written request to 037le a BOE-100-B, the preprinted year represents en-USthe period for which information is being sought.en-USBoth parts of question 1 must be answered. 1a. þ Indicate if the 037ling legal entity (or any legal entity(ies) under its ownership control) acquired more than en-US50035percent of the ownership interest in anyen-US otheren-US legal entity(ies) since the indicated date. 1b. þ Indicate if the acquired legal entity(ies) (or any legal entity(ies) under its ownership control) held an en-USinterest in en-USCalifornia real property,en-US as of the date of acquisition.en-USEXAMPLEen-USFacts of transaction: 225 ABC Corporation holds 48 percent of the voting stock in XYZ Corporation. 225 On February 20, 2018, ABC Corporation acquired an additional 3 percent of XYZ222s voting stock (for a total of en-US51 percent). 225 As of February 20, 2018, XYZ Corporation held an ownership interest in vacant land located in California. en-USUnder these facts, both parts of question 1 should be answered YES, since both conditions have been met: (1) ABC en-USCorporation en-USacquireden-US more than 50 percent of the ownership interest in en-USanotheren-US legal entity (XYZ Corporation) and (2) en-USthe acquired legal entity (XYZ Corporation) held an ownership interest in real property (vacant land) in California as of the en-USdate of acquisition (February 20, 2018).en-USQuestion 2:en-USProvide the year in which a person or legal entity acquired ownership control (more than 50 percent interest) in theen-US 037lingen-US en-USlegal entity (or any legal entity under its ownership control). If the BOE sent a written request to 037le a BOE-100-B, the en-USpreprinted year represents the period for which information is bei

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