Section 217.1 Of Article 1. Taxable And Exempt Property From California Revenue And Taxation Code >> Division 1. >> Part 2. >> Chapter 1. >> Article 1.
217.1
. (a) Except as provided in subdivision (d), the following
articles of personal property that are made available for display in
a publicly owned aerospace museum, or an aerospace museum that is
regularly open to the public and that is operated by a nonprofit
organization that qualifies for exemption pursuant to Section 23701d,
shall be exempt from taxation:
(1) Aircraft that have been restored or maintained, whether
currently certified or not for flight purposes.
(2) Aircraft donated in perpetuity to the aerospace museum.
(b) When making a claim for an exemption pursuant to this section,
a person claiming the exemption shall give all information required
and answer all questions in an affidavit, and shall subscribe and
swear to the affidavit, under penalty of perjury. The assessor may
require other proof of the facts stated before allowing the
exemption. The affidavit shall be accompanied by a certificate of the
director or other officer of the aerospace museum in which the
property for which an exemption is claimed under this section was
made available for display that the property was available for public
display in the aerospace museum for the period specified in
subdivision (e).
(c) For the 1984-85 assessment year and each assessment year
thereafter, the provisions of Sections 255 and 260 shall be
applicable to the exemption provided by this section.
(d) The exemption provided by subdivision (a) shall not apply to
any aircraft loaned by any person who holds aircraft primarily for
purposes of sale.
(e) The exemption provided by this section shall not apply unless
the property was made available for public display in the aerospace
museum for a period of 90 days during the 12-month period immediately
preceding the lien date for the year for which the exemption is
claimed.
If the property was first made available for public display less
than 90 days prior to the lien date, the exemption may be granted if
the person claiming the exemption certifies in writing that the
property will be made available for public display for at least 90
days during the 12-month period commencing with the first day the
property was made available for public display.
(f) For purposes of this section, "regularly open to the public"
means that the aerospace museum was open to the public not less than
20 hours per week for not less than 35 weeks of the 12-month period
immediately preceding the lien date for the year for which the
exemption is claimed.
If the aerospace museum has been open for less than 35 weeks
during the 12-month period immediately preceding the lien date or for
less than 20 hours per week during that period, the exemption may be
granted if the director or other officer of the aerospace museum
certifies in writing that the aerospace museum will be open for not
less than 20 hours per week for not less than 35 weeks during the
12-month period beginning with the date the aerospace museum was
first opened.
(g) If a person certifies in writing that the property will be
made available and the aerospace museum open for the periods
specified in subdivisions (e) and (f), and the property is not so
made available or the aerospace museum is not so opened, the
exemption shall be canceled, and an escape assessment may be made as
provided in Section 531.1.
(h) The exemption provided by this section shall be applicable for
the 1979-80 fiscal year and each fiscal year thereafter.