Section 107.8 Of Chapter 1. Construction From California Revenue And Taxation Code >> Division 1. >> Part 1. >> Chapter 1.
107.8
. (a) For purposes of applying subdivision (a) of Section 107
to a lease-leaseback of publicly owned real property, the possession
of, claim to, or right to the possession of, land or improvements
pursuant to a lease is not independent if the lessee (1) is obligated
simultaneously to sublease the property to the public owner of the
property for all or substantially all of the lease period, (2) may
not exercise authority and exert control over the management or
operation of the property separate and apart from the policies,
statutes, ordinances, rules and regulations of the public owner, (3)
provides as part of the sublease that the public owner has the right
to repurchase all of the lessee's rights in the lease, and (4) cannot
receive rent or other amounts from the public owner under the
sublease (including any amounts due with respect to any repurchase)
the present value of which, at the time the lease is entered into,
exceeds the present value of the rent or other amounts payable by the
lessee under the lease.
(b) For purposes of subdivision (a), the term "all or
substantially all" means at least 85 percent.