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

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

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

Statement Of Change In Control And Ownership Of Legal Entities Form

Get free non-fillable PDF

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

Last updated: 5/30/2015
BOE-100-B-INST (S1F) REV. 4 (1-12) STATE OF CALIFORNIA BOARD OF EQUALIZATION INSTRUCTIONS FOR COMPLETING BOE-100-B STATEMENT OF CHANGE IN CONTROL AND OWNERSHIP OF LEGAL ENTITIES Filing Requirements for Legal Entities Whenever there is a change in control pursuant to section 64(c) of the Revenue and Taxation Code (R&TC) or a change in ownership pursuant to R&TC section 64(d) of a legal entity, and the legal entity owned or leased (see definition of interest in real property) an interest in California real property as of that date, the person or legal entity acquiring ownership control or the legal entity that has undergone a change in ownership must file the BOE-100-B, Statement of Change in Control and Ownership of Legal Entities (statement) with the Board of Equalization (BOE) at its office in Sacramento within 90 days of the change in control or ownership (R&TC section 480.1 and 480.2). In addition, any legal entity is required to file a statement with the BOE within 90 days of the date of the BOE's request regardless of whether a change in control or ownership of the legal entity has occurred. This statement must be filed with the County-Assessed Properties Division, Board of Equalization, P.O. Box 942879, Sacramento, CA 94279-0064. Legal Entity Information and Resources Statements are processed by staff in the BOE's Legal Entity Ownership Program (LEOP). Further information regarding legal entities, links to relevant statutes, Property Tax Rules, and annotated letters are available on the BOE's website at www.boe.ca.gov/proptaxes/leop.htm. In addition, the LEOP web page provides an overview of the LEOP program, definitions of terms, and access to the statement and Frequently Asked Questions (FAQs). You may also contact the LEOP staff at 916-274-3410. Penalty Information If a person or legal entity fails to file the statement timely with the BOE as required by R&TC section 480.1 and 480.2, the penalty pursuant to R&TC section 482 is 10 percent of the taxes applicable to the new base year value reflecting the change in control or change in ownership of the real property owned by the corporation, partnership, limited liability company or legal entity or 10 percent of the current year's taxes on that property if no change in control or change in ownership occurred. Change in Control or Change in Ownership of Legal Entities Change in Control--R&TC 64(c)--A change in control occurs when any person or legal entity obtains more than 50 percent of the ownership interest in a legal entity; control may be obtained directly or indirectly. If a legal entity has undergone a change in control, all interests in real property* located in California and held by the acquired legal entity (or any legal entity(ies) under its ownership control) as of the date of the change in control is subject to reassessment. For purposes of determining whether a legal entity has undergone a change in control, the acquisition of ownership interest is considered. In the case of corporations, an ownership interest is represented by voting stock. In the case of partnerships or limited liability companies, an ownership interest is represented by the total interest in capital and profits. Change in Ownership--R&TC section 64(d)--A change in ownership occurs when cumulatively more than 50 percent of the original co-owners' interests in the legal entity is transferred; original co-owner status is created when a transfer of property is excluded from reassessment under R&TC section 62(a)(2) in a prior transaction. If a legal entity has undergone a change in ownership, then only the interest in real property* that was previously excluded from reassessment under R&TC section 62(a)(2) is subject to reassessment as of the date of the change in ownership. If, however, a legal entity has also undergone a change in control under R&TC section 64(c) and there has been a transfer of cumulatively more than 50 percent of the original co-owners' interests, then all interests in real property* located in California and owned by the legal entity (or any legal entity(ies) under its ownership control) as of the date of the change in control is subject to reassessment. *Interests in real property--For change in control and change in ownership purposes, interest in real property includes any of the following: 1. Land, improvements (i.e., buildings and structures), or fixtures OWNED; 2. Land, improvements (i.e., buildings and structures), or fixtures HELD UNDER LEASE from a private owner if the remaining term of the lease, including written renewal options, exceeds 35 years; 3. Land, improvements (i.e., buildings and structures), or fixtures HELD UNDER LEASE from a public owner (i.e., any 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 on lease for any term, whether in production or not. Note: It does not include personal property owned, such as personal computers or office equipment. American LegalNet, Inc. www.FormsWorkFlow.com BOE-100-B-INST (S1B) REV. 4 (1-12) STATE OF CALIFORNIA BOARD OF EQUALIZATION COVER PAGE Name and Address of Legal Entity: Provide the name and address of the legal entity filing the statement. Legal Entity Identification No.: For domestic and foreign (out of state or country) corporations and limited liability companies, provide the ID Number assigned by the California Secretary of State; for partnerships provide the Federal Employer Identification Number (FEIN). Question 1: Provide the year in which the filing legal entity (or any legal entity under its ownership control) acquired ownership control (more than 50 percent interest) of any other legal entity. In the case of corporations, an ownership interest is represented by voting stock. In the case of partnerships or limited liability companies, an ownership interest is represented by the total interest in capital and profits. If the BOE sent a written request to file a BOE-100-B, the preprinted year represents the period for which information is being sought. Both parts of question 1 must be answered. 1a. Indicate if the filing legal entity (or any legal entity(ies) under its ownership control) acquired more than 50 percent of the ownership interest in any other legal entity(ies) since the indicated date. 1b. Indicate if the acquired legal entity(ies) (or any legal entity(ies) under its ownership control) held an interest in Califo