BOE-267, Claim for Welfare Exemption (First Filing)
BOE-267-A, Claim for Welfare Exemption (Annual Filing)
Section 1. Identification of Applicant
(Provide copy of certificate with this claim if first filing).
If you do not have an OCC, have you filed a claim for an OCC with the Board of Equalization?
YesNo
If No, see instructions for information on obtaining an OCC claim form.
Section 2. Identification of Property
SECTION 3. GOVERNMENT FINANCING OR TAX CREDITS; USE RESTRICTION
As to the low-income housing property for which this claim is made, the applicant certifies that (check all applicable boxes):
A. There is an enforceable and verifiable agreement with a public agency or a recorded deed restriction, or other legal document, that restricts the project’s usage and that provides that the units designated for use by lower income households are continuously available to or occupied by lower income households at rents that do not exceed those prescribed by section 50053 of the Health and Safety Code, or, to the extent that the terms of federal, state, or local financing or financial assistance conflicts with section 50053, rents that do not exceed those prescribed by the terms of the financing or financial assistance. Please provide a copy of the regulatory agreement with a public agency, a copy of the recorded deed restriction, or a copy of an other legal document if you are filing a claim on this property for the first time. (BOE-267)
B. The funds which would have been necessary to pay property taxes are used to maintain the affordability of, reduce rents otherwise necessary for, the units occupied by lower income households.
C. At least one of the following criteria is applicable (check one):
(1). The acquisition, construction, rehabilitation, development, or operation of the property is financed with government financing in the form of tax-exempt mortgage revenue bonds; general obligation bonds; local, state, or federal loans or grants; or any loan insured, held, or guaranteed by the federal government; or project–based federal funding under section 8 of the Housing Act of 1937. (The term “government financing” does not include federal rental assistance through tenant rent-subsidy vouchers under section 8 of the Housing Act of 1937.)
(2). The owner is eligible and receives state low-income housing tax credits pursuant to Revenue and Taxation sections 12205, 12206, 17057.5, 17058, 23610.4, and 23610.5 or federal low-income housing tax credits pursuant to section 42 of the Internal Revenue Code.
(3). In the case of a claim that is filed for the 2000-2001 fiscal year or any fiscal year thereafter, 90 percent or more of the occupants of the property are lower income households whose rents do not exceed the rent prescribed by section 50053 of the Health and Safety Code. The total exemption amount allowed under this subdivision to a taxpayer, with respect to a single property or multiple properties for any fiscal year on the sole basis of the application of this subparagraph, may not exceed twenty thousand dollars ($20,000) of tax.
[section 214(g)(1)(c)]
SECTION 4. HOUSEHOLD INFORMATION
A. Eligibility Based on Family Household Income
Section 214(g) of the California Revenue and Taxation Code provides that property owned by a nonprofit organization or eligible limited liability company providing housing for lower income households can qualify for the welfare exemption from property taxes to the extent that the income of the households residing therein do not exceed amounts listed below:
No. of Persons in Family Household
Income Limit
Note: If a dollar amount is not entered for each number of persons, contact the County Assessor for the figures. The amounts are different for each county and change annually. In order to qualify all or a portion of the property for the exemption, you must have: (1) a signed statement for each household that qualifies (you should keep the statement for future audits); and (2) you must complete the report below.
B. List of Qualified Households
Attach a list showing desired information for only those households that qualify. Also, please identify the vacant units reserved for low-income households. Provide the following information: address/unit number, number of persons in household, maximum income for household.
C. Number of Units Serving Lower Income Households.
Note: Under section 214(g), the exemption percentage is the number of "units serving lower income households"
divided by the total number of residential units. This percentage is applied to the entire property including "related facilities".
D. Property Use.
Does this property include nonexempt commercial space?
YesNo
E. Application of Limitation on Exemption to $20,000 of tax [Revenue & Taxation Code section 214(g)(1)(C)]
This limitation on the amount of the exemption applies solely to low-income housing properties owned by nonprofit organizations or eligible limited liability
companies that are not financed by government loans, as specified in section 214(g)(1)(A) or do not receive low-income housing tax credits, as provided
in section 214(g)(1)(B). Claimants with properties qualifying for exemption under 214(g)(1)(C) must list all the counties in which such properties are
located; use additional sheets if necessary.
LIST ALL LOW-INCOME PROPERTIES SUBJECT TO $20,000 TAX EXEMPTION
CERTIFICATION
I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing and all information contained herein, includingany accompanying statements or documents, is true, correct, and complete to the best of my knowledge and belief.
Instruction
INSTRUCTIONS FOR FILING CLAIM FOR PROPERTY TAX EXEMPTION UNDER THE CEMETERY EXEMPTION PROVISIONS
