Section 462.240 - The Following Transfers DO Not Constitute a Change in OwnershipThe following transfers do not constitute a change in ownership:
(a) The transfer of bare legal title, e.g.,(1) Any transfer to an existing assessee for the purpose of perfecting title to the property.(2) Any transfer resulting in the creation, assignment, or reconveyance of a security interest not coupled with the right to immediate use, occupancy, possession or profits.(b) Any transfer caused by the substitution of a trustee.(c) Any purchase, redemption or other transfer of the shares or units of participation of a group trust, pooled fund, common trust fund, or other collective investment fund established by a financial institution.(d) Any contribution of real property to an employee benefit plan, any acquisition by an employee benefit plan of the stock of the employer corporation pursuant to which the employee benefit plan obtains direct or indirect ownership or control of more than 50 percent of the voting stock in the employer corporation, or the creation, vesting, transfer, distribution, or termination of a participant's or beneficiary's interest in such a plan. The terms used herein shall have the meaning ascribed to them by the Employee Retirement Income Security Act of 1974, which is codified as United States Code annotated, title 29, section 1002. (The term "any contribution" as used in Revenue and Taxation Code section 66, subdivision (b) and this rule means only those contributions of real property made to an employee benefit plan by an employer, a group of employees, or both, without any consideration.)(e) Any transfer of property or an interest therein between a corporation sole, a religious corporation, a public benefit corporation, and a holding corporation as defined in Revenue and Taxation Code section 23701h holding title for the benefit of any of the aforementioned corporations, or any combination thereof (including any transfer from one such entity to the same type of entity), provided that both the transferee and transferor are regulated by laws, rules, regulations, or canons of the same religious denomination.(f) Any transfer, occurring on or after January 1, 1983, which results from the reformation or correction of a deed which, by mistake, inaccurately describes the property intended to be conveyed, or adds or omits some term not agreed to by the parties, or in some other manner fails to express the true intentions of the parties. Example 1: A agrees to sell one acre to B. The deed mistakenly describes a two-acre area. Reformation of the deed to describe the original acre intended to be transferred is not a change in ownership.
(g) Any transfer, occurring on or after January 1, 1983, of an eligible dwelling unit from a parent or legal guardian to a minor child or children or among minor siblings, or to a trust for the sole benefit of such persons, resulting from a court order or judicial decree due to the death of one or both of the parents. An "eligible dwelling unit" means the dwelling which was the principal place of residence of the minor child or children prior to the transfer and remains such after the transfer.(h) Any transfer of property to a disabled child or ward, whether minor or adult, or to a trust for the sole benefit of such person, upon the death of a parent or guardian pursuant to Revenue and Taxation Code section 62, subdivision (n).(i) Any transfer, on or after January 1, 1985, of a mobilehome park or of rental spaces in a mobilehome park pursuant to Revenue and Taxation Code section 62.1.(j) Any transfer of a mobilehome park or of rental spaces in a mobilehome park pursuant to Revenue and Taxation Code section 62.2.(k) Any transfer of a floating home marina pursuant to Revenue and Taxation Code section 62.5.(l) Any transfer of real property between registered domestic partners, pursuant to Revenue and Taxation Code section 62, subdivision (p).Cal. Code Regs. Tit. 18, § 462.240
1. Change without regulatory effect renumbering and amending former subsections 462(m)(1)-(6) to section 462.240 filed 5-11-94 pursuant to title 1, section 100, California Code of Regulations (Register 94, No. 19).
2. Amendment of section heading, section and NOTE filed 1-21-98; operative 2-20-98 (Register 98, No. 4).
3. New subsection (k) and amendment of NOTE filed 10-14-2003; operative 11-13-2003 (Register 2003, No. 42).
4. Change without regulatory effect amending section and NOTE filed 12-24-2013 pursuant to section 100, title 1, California Code of Regulations (Register 2013, No. 52). Note: Authority cited: Section 15606, Government Code. Reference: Sections 60, 61, 62, 62.1, 62.2, 62.5, 64, 66 and 67, Revenue and Taxation Code; and Sections 37, 6401 and 6402, Probate Code.
1. Change without regulatory effect renumbering and amending former subsections 462(m)(1)-(6) to section 462.240 filed 5-11-94 pursuant to title 1, section 100, California Code of Regulations (Register 94, No. 19).
2. Amendment of section heading, section and Note filed 1-21-98; operative 2-20-98 (Register 98, No. 4).
3. New subsection (k) and amendment of Note filed 10-14-2003; operative 11-13-2003 (Register 2003, No. 42).
4. Change without regulatory effect amending section and Note filed 12-24-2013 pursuant to section 100, title 1, California Code of Regulations (Register 2013, No. 52).