In the bustling heart of California's Santa Clara County, property owners embarking on new construction projects are presented with a pivotal tool for managing their financial obligations to the local government: the Assessors Form 5252. Administered by the County Assessor's Office, situated within the County Government Center in San Jose, this form facilitates a claim for new construction exclusion from supplemental assessment under the auspices of Section 75.12 of the California Revenue and Taxation Code. Designed to alleviate the potential immediate increase in property tax burden that can accompany new construction, the form must be submitted either before construction commences or within a narrow thirty-day window thereafter. Eligibility for this exclusion hinges on the owner’s intent regarding the future use of the property, specifying that it must be offered for sale or another change in ownership and not intended for rental, lease, or personal occupancy, with limited exceptions such as model homes. Beyond detailing procedural steps, the form also underscores the importance of timely communication with the Assessor's Office, highlighting the penalties for failure to notify the assessor of significant post-construction events that affect the property's status. By stipulating a meticulous protocol for claim submission, including required identification details and the property's description, Assessors Form 5252 stands as a testament to the nuanced interplay between property development and taxation policy.
| Question | Answer |
|---|---|
| Form Name | Assessors Form 5252 |
| Form Length | 3 pages |
| Fillable? | No |
| Fillable fields | 0 |
| Avg. time to fill out | 45 sec |
| Other names | 1st, affidavit of death of trustee santa clara county, empleados, APN |
County of Santa Clara
Office of the County Assessor
Real Property Division
County Government Center, East Wing
70 West Hedding Street
San Jose, California
Web:
Lawrence E. Stone, Assessor
CLAIM FOR NEW CONSTRUCTION EXCLUSION FROM SUPPLEMENTAL ASSESSMENT
This form must be filed with the Assessor prior to, or within 30 days of, commencement of construction. Please mail this form to:
Lawrence E. Stone, Assessor
Office of the County Assessor
County Government Center, East Wing 70 West Hedding Street
San Jose, California 95110
In the space below, enter your name and correct mailing address:
ASSESSOR’S USE ONLY
Received ________________
Approved ________________
Denied ________________
Reason for Denial _________
________________________
NAME: ______________________________________________________________
STREET: ______________________________________________________________
CITY: ___________________________STATE_______________ZIP___________
TELEPHONE NO. (Between 8:00 a.m. and 5:00 p.m.) _________________________
List Assessor’s Parcel Number, address, and description of each property below:
APNADDRESSPROPERTY DESCRIPTION
(Use additional space on reverse side, if necessary.)
STATEMENT
I am the owner of the property described herein on which construction will or has commenced on
________________, and therefore claim the new construction exclusion from Supplemental Assessment
provided by Section 75.12 of the California Revenue and Taxation Code.
I currently offer, or intend to offer, the property for sale or other change in ownership and do not intend to rent, lease, occupy, or otherwise use the property, except as a model home or other use as is incidental to an offer for a change of ownership. I understand that this exclusion shall not preclude the reassessment of any such property on the assessment roll for the January 1st following the date of completion of construction.
I have read the information on the back of this form. I understand my obligation to notify the Assessor, in writing, as required under Section 75.12.
I CERTIFY (OR DECLARE) UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING STATEMENTS ARE TRUE AND CORRECT.
DATE: ____________________________ SIGNATURE: _________________________________________
Only the owner or a
If you are buying this property under an unrecorded contract of sale and the Assessor does not have a copy of the contract, you must attach a copy to claim.
ASSESSOR’S FORM 5252 (1/02) FRONT
Section 75.12 of the California Revenue and Taxation Code provides that my real property on which new construction is completed shall not be added to the Supplemental roll until the date that property in whole or in part:
(A ) Changes ownership, or
(B ) Is rented or leased, or
(C ) Is occupied or otherwise used by the owner, or with the owner’s consent, except as a model home or other use which is incidental to an offer for a change of ownership, whichever comes first.
This exclusion applies only if the owner notifies the assessor in writing prior to, or within 30 days of, the commencement of construction that he or she offers or intends to offer that property for sale or other change of ownership, and does not intend to rent, lease, occupy, or otherwise use that property, except as a model home or other use as is incidental to an offer for a change of ownership, and the owner requests the application of this section.
The owner of any real property granted this exclusion shall notify the Assessor with 45 days of the earliest date that any of the following occur:
(1 ) The property changes ownership subject to an unrecorded contract of sale.
(2 ) The property is rented or leased.
(3 ) The property is occupied and the occupancy of the property is other than as a model home or incidental to an offer for a change in ownership.
The failure to timely notify the assessor may result in a penalty of the amount of one hundred dollars ($100) or 10% or the taxes applicable to the new base year value, whichever is greater, not to exceed two thousand five hundred dollars ($2,500).
APNADDRESSPROPERTY DESCRIPTION
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ASSESSOR’S FORM 5252 (1/02) BACK
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