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CA SB1059
Bill
AI Summary
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Adds Section 64.1 to the Revenue and Taxation Code to clarify that partnership flip transactions involving active solar energy systems do not constitute a change of ownership for property tax purposes.
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Specifies that an initial transfer of capital and profits interest in a legal entity, or subsequent changes in allocation of capital and profits among members, shall not be deemed a transfer of control in partnership flip transactions involving active solar energy systems.
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Defines "partnership flip transaction" as a financing arrangement where a developer and unrelated parties contribute capital to a partnership, with the unrelated party initially receiving a majority of tax attributes (credits, depreciation, capital/profits), which transfer back to the developer after a preestablished yield or time period is achieved.
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Excludes from this provision any real property owned by the legal entity other than the active solar energy system, which shall be subject to standard change of ownership rules.
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States that no state appropriation is made and local agencies shall not be reimbursed for property tax revenues lost under this act; takes effect immediately as a tax levy.
Legislative Description
Property taxation: active solar energy systems: partnership flip transactions.
Last Action
From committee with author's amendments. Read second time and amended. Re-referred to Com. on GOV. & F.
5/21/2020