Section 202.2 Of Article 1. Taxable And Exempt Property From California Revenue And Taxation Code >> Division 1. >> Part 2. >> Chapter 1. >> Article 1.
202.2
. Any reduction in property taxes on leased property used for
libraries and museums that are free and open to the public, leased
property used exclusively for public schools, community colleges,
state colleges, or state universities, including the University of
California, or leased property used exclusively for educational
purposes by a nonprofit institution of higher education and granted
the exemption set forth in subdivision (d) or (e) of Section 3 of
Article XIII of the California Constitution shall inure to the
benefit of the lessee institution. If the lessor claims the exemption
and if the lease or rental agreement does not specifically provide
that the exemption contained in subdivision (d) or (e) of Section 3
of Article XIII is taken into account in fixing the terms of the
agreement, the lessee shall receive a reduction in rental payments or
a refund thereof, if already paid, in an amount equal to the
reduction in taxes.
If the lessor does not claim the exemption on property eligible
for the exemption contained in subdivision (d) or (e) of Section 3 of
Article XIII, the lessee may file a claim for refund under Section
5096 with respect to taxes paid by the lessor on the property. For
purposes of Sections 5097 and 5140, the lessee shall be deemed to be
the person who paid the tax, and the refund shall be made directly to
the lessee. Notwithstanding the provisions of paragraph (1) of
subdivision (a) of Section 270, the full amount of tax paid by the
lessor shall be refunded to the lessee.
Any refund granted pursuant to this part shall not be considered a
reduction in the sales price or gross receipts from the rental of
the property for purposes of Part 1 (commencing with Section 6001),
Part 1.5 (commencing with Section 7200), or Part 1.6 (commencing with
Section 7251).