2007 California Revenue and Taxation Code Article 7. Fractionally Owned Aircraft

CA Codes (rtc:1160-1162)

1160.  For purposes of this article, all of the following apply:
   (a) The following terms have the following meanings:
   (1) "Aircraft" has the same meaning as specified in Section 5303.

   (2) "Fleet" means all aircraft operated by a manager of a
fractional ownership program.
   (3) "Fleet type" means aircraft classified by make, model, and
series operated by a manager of a fractional ownership program.
   (4) "Fractionally owned aircraft" or "aircraft operated in
fractional ownership programs" means those aircraft registered with
the Federal Aviation Administration as fractionally owned aircraft.
   (5) "Landing" means physical contact involving the embarking or
disembarking of crew, passengers, or freight, and that physical
contact did not arise unintentionally as the result of an emergency.

   (b) Revenues derived from the taxation of fractionally owned
aircraft under this article shall be distributed in accordance with
Chapter 6 (commencing with Section 5451) of Part 10 of this division.

   (c) Fractionally owned aircraft shall be assessed under this
article only if a lead county assessor accepts a designation as lead
county assessor under Section 1162.


1161.  (a) Notwithstanding any other law, fractionally owned
aircraft that has situs in this state shall be assessed on a
fleetwide basis to the manager in control of the fleet and a notice
of that assessment shall be issued to that manager.
   (1) Any fractionally owned aircraft that has been annually
assessed for the fiscal years preceding the 2007-08 fiscal year shall
be assessed under this article commencing with the 2007-08 fiscal
year.
   (2) For fractionally owned aircraft that have not been annually
assessed for the fiscal years preceding the 2007-08 fiscal year,
assessment under this article applies for the 2007-08 fiscal year and
for each fiscal year thereafter, and for preceding fiscal years for
which an assessment was not made, and for which a statute of
limitations either does not apply or has been waived.
   (b) A fleet of fractionally owned aircraft establishes situs in
this state if an aircraft within the fleet makes a landing in the
state.
   (c) A fleet of fractionally owned aircraft shall be assessed on an
allocated basis. An allocation factor shall be established in each
county for each fleet type of fractionally owned aircraft for which
situs in this state has been established as described in subdivision
(b). This allocation factor is a fraction, the numerator of which is
the total number of landings and departures made by the fleet type in
the county during the previous calendar year and the denominator of
which is the total number of landings and departures made by the
fleet type worldwide during the previous calendar year.



1162.  (a) On or before October 1, 2007, the Aircraft Advisory
Subcommittee of the California Assessors' Association may designate a
lead county assessor's office for each manager in control of a fleet
of fractionally owned aircraft.
   (b) If a lead county assessor's office is designated under
subdivision (a), and that assessor's office accepts that designation,
the lead county assessor's office described in subdivision (a) shall
do all of the following:
   (1) Notify, in writing, each manager in control of a fleet of
fractionally owned aircraft for which the lead county assessor has
been designated of this designation on or before the first October 15
that follows that designation.
   (2) Receive the property statement, as described in subdivision
(l) of Section 441, of each manager in control of a fleet of
fractionally owned aircraft for which the lead county assessor has
been designated.
   (3) Calculate, pursuant to Sections 5363 and 5364, an unallocated
value of all fractionally owned aircraft for each manager in control
of a fleet of fractionally owned aircraft for which the lead county
assessor has been designated.
   (4) Electronically transmit to the assessor of each county in
which a fleet of fractionally owned aircraft has situs for the
assessment year the value determined by the lead county assessor's
office under paragraph (3) and the allocation factor described in
subdivision (c) of Section 1161.
   (5) Lead the audit team described in subdivision (d) when that
team is conducting an audit of each manager in control of a fleet of
fractionally owned aircraft for which the lead county assessor has
been designated.
   (c) (1) Notwithstanding subdivision (b), the county assessor of
each county in which a fleet of fractionally owned aircraft has situs
for an assessment year is solely responsible for assessing that
property by multiplying the unallocated value of each fleet type by
the allocation factor described in subdivision (c) of Section 1161,
and enrolling the total allocated value for the fleet type. In
appraising the unallocated value of the fleet type, the assessor may
consult with the lead county assessor's office designated for that
fleet.
   (2) The lead county assessor's office is subject to Section 322 of
Title 18 of the California Code of Regulations and Sections 408,
451, and 1606 to the same extent as the assessor described in
paragraph (1).
   (d) Notwithstanding Section 469, an audit of each manager in
control of a fleet of fractionally owned aircraft may be conducted
once every four years on a centralized basis by an audit team of
auditor-appraisers from at least one, but not more than three,
counties, as determined by the Aircraft Advisory Subcommittee of the
California Assessors' Association.  An audit, so conducted, shall
encompass all of the California personal property and fixtures of the
manager of the fleet of fractionally owned aircraft and is deemed to
be made on behalf of each county for which an audit would otherwise
be required under Section 469.