SB 789 California Senate · 2025-2026 Regular Session

Taxation: information returns: vacant commercial real property.

Summary
Except as provided, the California Constitution requires that all property be taxed in proportion to its full value and assessed at the same percentage of fair market value. Existing statutory law, the Documentary Transfer Tax Act, authorizes the imposition of a tax by a county or city, as provided, with respect to specified instruments that transfer specified interests in real property. Existing law establishes the California Department of Tax and Fee Administration for the purpose of administering various taxes. This bill would require a person, as defined, that owns commercial property, as defined, in this state to register with the department, as provided. The bill would require every person owning commercial real property in this state to file an information return each year by a date determined by the department, as provided. The bill would require the information return to include specified information, including, among other requirements, whether any buildings or portions of buildings were vacant in the previous calendar year. The bill would authorize extensions of the time for a person to file an information return under specified circumstances, including for good cause. The bill would impose on any person who fails or refuses to timely furnish a return required by its provisions a penalty of $100 per commercial property that the person fails or refuses to timely furnish the information return. The bill would authorize the Director of Finance to make a loan from the General Fund to the department to implement those provisions, and would require any loan to be repaid from revenues from penalties imposed. By authorizing the expenditure of moneys from the General Fund for specified purposes, the bill would create an appropriation. This bill would require the department to collect information from the information returns filed pursuant to its provisions and would require the department to annually post on its internet website data aggregated by ZIP Code, including, among other information, the percentage of commercial properties included in information returns required under this part that were vacant in a calendar year. The bill would repeal these provisions as of January 1, 2031. The bill would also make findings and declarations related to its provisions.
Bill status failed 1 of 4 stages cleared
Introduction
Feb 2025
Committee Review
Floor Vote
Governor
Introduced Feb 21, 2025 Last action Feb 2, 2026
Maddy AI version diff · 4 comparisons

What changed between versions

03/26/25 - Amended Senate 04/21/25 - Amended Senate · 9 edits · Apr 21, 2025
MAJOR
SB 789 was substantially restructured between the March 26 and April 21 Senate amendments. The bill shifted its primary focus from imposing a vacancy tax on vacant commercial real property to requiring all commercial real property owners to file annual information returns with the Department of Tax and Fee Administration, reporting vacancy status, reasons for vacancy, and related data. The $5 per square foot vacancy tax starting July 1, 2028 remains in the bill, but it is now embedded within a broader information-collection framework that includes public data posting by ZIP Code, registration requirements, civil penalties for non-filing, and a sunset date of January 1, 2031. The amendment also removed a separate section that had made nonsubstantive changes to Corporation Tax Law provisions about when a corporation is 'doing business' in California.
REQUIREMENT

New requirement that every person owning commercial real property in California must register with the Department of Tax and Fee Administration and file an annual information return reporting the address of each property, buildings on each property, whether any buildings or portions were vacant, the number of days vacant, reasons for vacancy, and whether exemption conditions (active renovation, legal/regulatory barriers, natural disaster) apply.

New requirement that the department collect data from information returns and annually post on its website, by ZIP Code: the number of persons filing returns, the percentage of commercial properties that were vacant, aggregated reasons for vacancy exceeding 182 days, the percentage where exemption conditions applied, and the percentage located in blighted areas.

New extension provisions allowing the department to extend filing deadlines up to one month for good cause, up to three months in the case of a disaster (fire, flood, storm, tidal wave, earthquake, or similar public calamity), and up to three months when the Governor issues a state of emergency proclamation (during which no individual request is needed).

ENFORCEMENT

New civil penalty provision for failure or refusal to timely file an information return. The penalty amount is left blank (to be filled in later). A reasonable cause exception is provided, and upon appropriation, penalties collected would repay any General Fund loan.

TIMELINE

New sunset provision stating that Part 6.8 shall remain in effect only until January 1, 2031, and is repealed as of that date.

DEFINITION

The defined term 'Owner' was replaced with 'Person,' which now explicitly excludes cities, counties, city and counties, districts, commissions, the state and its departments/agencies/political subdivisions, interstate bodies, and the United States and its agencies.

SCOPE

Legislative finding (b) was changed from stating that a tax on vacant commercial buildings 'incentivizes property activation, supports equitable community development, and generates revenue' to stating that 'information is necessary to determine how a tax on long-term vacant commercial buildings could be designed to create incentives for property activation.' This reframes the bill's stated purpose as information-gathering rather than direct taxation.

Removed an entire section (old Section 1) that amended Section 23101.5 of the Revenue and Taxation Code, which dealt with when the Franchise Tax Board may determine a corporation is not 'doing business' in California based on employee count thresholds. The old digest described these as nonsubstantive changes.

FISCAL

The appropriation status changed from 'yes' to 'no,' and the state-mandated local program status changed from 'yes' to 'no.' The bill now contemplates that civil penalties, upon appropriation, would be used to repay a General Fund loan rather than generating net new revenue immediately.

Floor votes

How they voted

No floor votes recorded yet.
Full legislative history

Actions timeline

Total actions
15
Key actions
5
Committee
3
Amendments
4
May 23, 2025
Upper · Passed
May 23 hearing: Held in committee and under submission.
upper
Apr 30, 2025
Upper · Passed
Read second time and amended. Re-referred to Com. on APPR.
upper
Apr 29, 2025
Upper · Passed
From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 3. Noes 1. Page 873.) (April 23).
upper
Apr 21, 2025
Upper · Passed
From committee with author's amendments. Read second time and amended. Re-referred to Com. on REV. & TAX.
upper
Apr 2, 2025
Committee
Re-referred to Com. on REV. & TAX.
upper
Mar 26, 2025
Upper · Passed
From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS.
upper
Mar 12, 2025
Committee
Referred to Com. on RLS.
upper
Feb 21, 2025
Introduced
Introduced. To Com. on RLS. for assignment. To print.
upper
1 primary · 0 co-sponsors

Sponsors

Role
Legislator
Party
State
District
P
Photo of Caroline Menjivar
Caroline Menjivar
DDemocratic
CA
20