Form Boe-100-B (S1) - Statement Of Change In Control And Ownership Of Legal Entities
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10BOE-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 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.
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