Taxation: information returns: vacant commercial real property.
What changed between versions
New requirement that every person owning commercial real property in California must register with the Department of Tax and Fee Administration and file an annual information return reporting the address of each property, buildings on each property, whether any buildings or portions were vacant, the number of days vacant, reasons for vacancy, and whether exemption conditions (active renovation, legal/regulatory barriers, natural disaster) apply.
New requirement that the department collect data from information returns and annually post on its website, by ZIP Code: the number of persons filing returns, the percentage of commercial properties that were vacant, aggregated reasons for vacancy exceeding 182 days, the percentage where exemption conditions applied, and the percentage located in blighted areas.
New extension provisions allowing the department to extend filing deadlines up to one month for good cause, up to three months in the case of a disaster (fire, flood, storm, tidal wave, earthquake, or similar public calamity), and up to three months when the Governor issues a state of emergency proclamation (during which no individual request is needed).
New civil penalty provision for failure or refusal to timely file an information return. The penalty amount is left blank (to be filled in later). A reasonable cause exception is provided, and upon appropriation, penalties collected would repay any General Fund loan.
New sunset provision stating that Part 6.8 shall remain in effect only until January 1, 2031, and is repealed as of that date.
The defined term 'Owner' was replaced with 'Person,' which now explicitly excludes cities, counties, city and counties, districts, commissions, the state and its departments/agencies/political subdivisions, interstate bodies, and the United States and its agencies.
Legislative finding (b) was changed from stating that a tax on vacant commercial buildings 'incentivizes property activation, supports equitable community development, and generates revenue' to stating that 'information is necessary to determine how a tax on long-term vacant commercial buildings could be designed to create incentives for property activation.' This reframes the bill's stated purpose as information-gathering rather than direct taxation.
Removed an entire section (old Section 1) that amended Section 23101.5 of the Revenue and Taxation Code, which dealt with when the Franchise Tax Board may determine a corporation is not 'doing business' in California based on employee count thresholds. The old digest described these as nonsubstantive changes.
The appropriation status changed from 'yes' to 'no,' and the state-mandated local program status changed from 'yes' to 'no.' The bill now contemplates that civil penalties, upon appropriation, would be used to repay a General Fund loan rather than generating net new revenue immediately.