§ 3607. Property subject to taxation. All property in this state, not exempt under the laws of the United States, excepting fruit and nutbearing trees under the age of four years from the time of planting in orchard form, and grape-vines under the age of three years from the time of planting in vineyard form, growing crops, property used exclusively for public schools, free public libraries, and free museums, and such as may belong to the United States, this state, or to any county or municipal corporation within this state, is subject to taxation, as in this code provided; but nothing in this code shall be construed to require or permit double taxation. [Amendment approved 1895; Stats. 1895, p. 310.] All property subject to taxation: See Const., art. XIII, § 1. Special laws exempting property from taxation prohibited: See Const., art. IV, § 20. What objects may be taxed: See post, § 3617. "Property subject to taxation." Meaning of term "property," in this connection: Post, § 3617, subd. 1. Act establishing tax on inheritances: See General Laws, tit. "Taxation," Act 4035b. Act imposing tax on issue of certificate of stock, repealed: See GenLaws, tit. "Taxation," Act 4038. Exemptions enumerated conform to constitution: 1. Growing crops: Const., art. XIII, § 1. 2. Property used exclusively for public schools: Const., art. XIII, § 1. Double taxation. Taxing property of corporation, as well as shares of stock, is expressly declared double taxation: Post, § 3608. Grape-vines under three years not subject to taxation: See post, § 3617. Fruit-trees under four years not subject to taxation: See post, § 3617. Exemption of mortgages: See Const., art. XIII, § 1. Exemption of property used for public libraries, museums, growing crops, and property used for schools: See Const., art. XIII, § 1. Exemption of property of ex-soldiers, sailors and marines to the extent of one thousand dollars: See Const. art. XIII, § 1. Exemption of vessels: See Const., art. XIII, § 4. Exemption of church property from taxation: See Const., art. XIII, § 1%. Exemption of college property: See Const., art. XIII, § la. Exemption of bonds of cities and state from taxation: See Const., art. XIII, § 1. Exemption of federal, state, county and city property: See Const., art. XIII, § 1. Exemption of property of Leland Stanford Junior University: See Const., art. IX, § 10. Exemption of property of California School of Mechanical Arts: See Const., art. IX, § 11. Exemption of property of California Academy of Sciences: See Const., art. IX, § 12. Exemption of property of Cogswell Polytechnic College: See Const., art. IX, § 13. Exemption of personal property of householders to extent of one hundred dollars: See Const., art. XIII, § 101⁄2. Improvements by city or county outside county, exemption of: See Const., art. XIII, § 1. Legislation § 3607. 1. Enacted March 12, 1872 (compare Stats. 1861, p. 420, § 4). 2. Amended by Code Amdts. 1880, p. 5. 3. By Stats. 1881,.p. 56. 4. By Stats. 1895, p. 310. § 3608. Shares of stock in corporations. Shares of stock in corporations possess no intrinsic value over and above the actual value of the property of the corporation which they stand for and represent; and the assessment and taxation of such shares, and also all the corporate property, would be double taxation. Therefore, all property belonging to corporations, save and except the property of national banking associations not assessable by Federal statute, shall be assessed and taxed. But no assessment shall be made of shares of stock in any corporation, save and except in national banking associations, whose property, other than real estate, is exempt from assessment by Federal statute. [Amendment approved 1899; Stats. 1899, p. 96.] Legislation § 3608.. 1. Added by Stats. 1881, p. 56. 2. Amended by Stats. 1899, p. 96. § 3609. Shares of national banks. The stockholders in every national banking association doing business in this state, and having its principal place of business located in this state, shall be assessed and taxed on the value of their shares of stock therein; and said shares shall be valued and assessed as is other property for taxation, and shall be included in the valuation of the personal property of such stockholders in the assessment of the taxes at the place, city, town, and county where such national banking association is located, and not elsewhere, whether the said stockholders reside in said place, city, town, or county, or not; but in the assessment of such shares, each stockholder shall be allowed all the deductions permitted by law to the holders of moneyed capital in the form of solvent credits, in the same manner as such deductions are allowed by the provision of paragraph 6 of section 3629 of the Political Code of the state of California. In making such assessment to each stockholder, there shall be deducted from the value of his shares of stock such sum as is in the same proportion to such value as the total value of its real estate and property exempt by law from taxation bears to the whole value of all the shares of capital stock in said national bank. And nothing herein shall be construed to exempt the real estate of such national bank from taxation. And the assessment and taxation of such shares of stock in said national banking association shall not be at a greater rate than is made or assessed upon other moneyed capital in the hands of individual citizens of this state. Legislation § 3609. Added by Stats. 1899, p. 96. § 3610. Shares of national banks. The assessor charged by law with the assessment of said shares shall, within ten days after he has made such assessment, give written notice to each national banking association of such assessment of the shares of its respective shareholders; and no personal or other notice to such shareholders of such assessment shall be necessary for the purpose of this act. And in case the tax on any such stock is unsecured by real estate owned by the holder of such stock, then the bank in which said stock is held shall become liable therefor; and the assessor shall collect the same from said bank, which may then charge the amount of the tax so collected to the account of the stockholder owning such stock, and shall have a lien, prior to all other liens, on his said stock, and the dividends and earnings thereof, for the reimbursement to it of such taxes so paid. Legislation § 3610. Added by Stats. 1899, p. 97. § 3611. Exemption of church property. All buildings, and so much of the real property on which they are situated as may be required for the convenient use and occupation of said buildings, when the same are used solely and exclusively for religious worship shall be free from taxation; provided, that no building so used which may be rented for religious purposes and rent received by the owner therefor shall be exempt from taxation. That any person claiming property to be exempt from taxation under this section shall make a return thereof to the assessor annually, the same as property is listed for taxation, and shall accompany the same by an affidavit showing that the building is used solely and exclusively for religious worship, and that the described portion of the real property claimed as exempt is required for the convenient use and occupation of such building, and that the same is not rented for religious purposes and rent received by the owner therefor. Exemption of church property from taxation: See Const., art. XIII, § 12. Legislation § 3611. Added by Stats. 1903, p. 21. § 3612. 1. Procedure for tax exemption of veterans. The state board of equalization shall prescribe all procedure, affidavits and forms required to carry into effect the tax exemption on property specified in section 14 of article XIII of the constitution. 2. Affidavit of applicants for exemption. Every person entitled to or applying for the exemption from taxation specified in said provision of the constitution shall appear before the assessor or deputy assessor and shall give all information required and answer all questions contained in the forms and affidavit prescribed by said board, and thereupon shall subscribe and swear to the same before such assessor or deputy. Any false statement made or sworn to in such affidavit shall constitute and be punishable as perjury. 3. Assessor may require additional proof. Any assessor may, in his discretion, require other or additional proof of the facts stated by such affiant before allowing the exemption claimed. Failure upon the part of any person entitled to such exemption to make affidavit or furnish evidence as required by this section between the first Monday in March and the first Monday in July of each year shall be deemed and treated as a waiver of such exemption by such person. 4. Recognized wars. The following are recognized as wars within the intent and meaning of said section of the constitution: a. Revolutionary war-April 19, 1775-January 14, 1784; b. Second war with England-June 18, 1812–February 17, 1815; c. Black Hawk war-April 6, 1832-August 2, 1832; d. War with Mexico-April 24, 1846-May 30, 1848; h. Campaign against the Rogue River, Yakima, Nez Perce and Snake Indians in Oregon and Washington, 1855-1856; i. Campaign against the Indians in southern Oregon and Idaho and northern part of California and Nevada, 1865–1868; j. Campaign against the Cheyennes, Arapahoes, Kiowas, and Comanches, in Kansas, Colorado and Indian Territory, 1867, 1868 and 1869; k. Modoc war, 1872 and 1873; 1. Campaign against the Apaches of Arizona, 1873; m. Campaign against the Kiowas, Comanches and Cheyennes, in Kansas, Colorado, Texas, Indian Territory and New Mexico, 1874 and 1875; n. Campaign against the Northern Cheyennes and Sioux, 1876 and 1877; o. Nez Perce war, 1877; p. Bannock war, 1878; q. Campaign against the Northern Cheyennes, 1878 and 1879; r. Campaign against the Ute Indians in Colorado and Utah, September, 1879, to November, 1880; s. Campaign against the Apache Indians in Arizona, 1885 and 1886; t. Campaign against the Sioux Indians in South Dakota, November, 1890, to January, 1891. Legislation § 3612. Added by Stats. 1915, p. 351. § 3613. 1. Colleges exempt from taxation. Any educational institution of collegiate grade, within the state of California, not conducted for profit, shall hold exempt from taxation its buildings and equipment, its grounds within which its buildings are located, not exceeding one hundred acres in area, its securities and income used exclusively for the purposes of education. 2. Definition of college. An educational institution of collegiate grade is deemed and defined to be an institution incorporated as a college or seminary of learning under the laws of this state, which requires for regular admission the completion of a four-year high school course or its equivalent, and confers upon its graduates at least one academic or professional degree, based upon a course of at least four years in liberal arts and sciences, or upon a course of at least three years in professional studies, including law, theology, education, medicine, dentistry, engineering, veterinary medicine, pharmacy, architecture, fine arts, commerce or journalism. 3. Not conducted for profit. An educational institution not conducted for profit is deemed and defined to be an institution incorporated as a college or seminary of learning under the laws of this state conducted exclusively for scientific or educational purposes, no part of the net income of which inures to the benefit of any private stockholder, member or individual. 4. Grounds deemed exempt. The grounds of an educational institution exempt from taxation under the provisions of section la of article XIII of the constitution, when the grounds of such educational institution within which its buildings are located exceed one hundred acres in area, shall be determined, located and selected by the assessor of the county or city and county in which said grounds are situated but said grounds need not be contiguous or in one tract. 5. Procedure. The state board of equalization shall prescribe all procedure, affidavits and forms required to carry into effect the tax exemp-. tion of property specified in section la of article XIII of the constitution. Legislation § 3613. Added by Stats. 1915, p. 1216. § 3617. CHAPTER II. Definitions. Definition of certain terms and words. § 3617. Definition of certain terms and words. Whenever the terms mentioned in this section are employed in this act, they are employed in the senses hereafter affixed to them: First. The term "property" includes moneys, credits, bonds (except railroad or quasi-public corporations), stocks, dues, franchises, and all other matters and things, real, personal, and mixed, capable of private ownership. Second. The term "real estate" includes: 1. The possession of, claim to, ownership of, or right to the possession of land. 2. All mines, minerals, and quarries in and under the land, all timber belonging to individuals or corporations, growing or being on the lands of the United States, and all rights and privileges appertaining thereto. 3. A mortgage, deed of trust, contract or other obligation by which a debt is secured, when land is pledged for the payment and discharge thereof, shall, for the purpose of assessment and taxation, be deemed and treated as an interest in the land so pledged. 4. Improvements. Third. The term "improvements" includes: 1. All buildings, structures, fixtures, fences and improvements erected upon or affixed to the land, except telephone and telegraph lines. 2. All fruit, nut-bearing, or ornamental trees and vines, not of natural growth, excepting fruit and nut-bearing trees under four years of age, and grape-vines under three years of age. 3. Alfalfa, after the first year's planting. Fourth. The term "personal property" includes everything which is the subject of ownership, not included within the meaning of the term "real estate" or "improvements." Fifth. The term "value" and "full cash value" mean the amount at which the property would be taken in payment of a just debt from a solvent debtor. Sixth. The term "credits" means those solvent debts, not secured by mortgage or trust deed, owing to the person, firm, corporation, or association assessed. The term "debt" means those unsecured liabilities owing by the person, firm, corporation, or association assessed to bona fide residents of this state, or firms, associations or corporations doing business therein; but credits, claims, debts, and demands due, owing or accruing for or on account of money deposited with savings and loan corporations or with building and loan associations, shall, for the purpose of taxation be deemed and treated as an interest in the property of such corporation, and shall not be assessed to the creditor or owner thereof. [Amendment approved 1909; Stats. 1909, p. 919.] |