Possessory Interest

What is a Taxable Possessory Interest?

A taxable possessory interest is defined as a possession, a right to the possession, or a claim to a right of the possession of publicly owned real property that is independent, durable, and exclusive of rights held by others, and that provides a private benefit to the possessor. A taxable possessory interest is further defined as the taxable interest held by a private possessor in publicly owned real property.

Rule 20
Rule 21
Possessory Interest Questions and Answers
Facts About Possessory Interest

Examples Of Taxable Possessory Interests

These Are Only A Few Examples And Do Not Include All Taxable Possessory Interest Use Types.
  • Church Operating Out Of a Public School
  • Privately Owned Pharmacy Operating Out Of a Public Hospital
  • Radio/Microwave Transmission Towers On Publicly Held Land
  • Grazing Permit Rights on U.S. Forest Service Land
  • Hangar Buildings At Airports
  • Entertainer Promoters At Fairgrounds
  • Midway Operators At Fairgrounds
  • Cable Television Cables Buried in Public Roads
  • Corporations That Hold Their Annual Parties On Public Lands
  • Clubs or Fraternal Lodges Holding Meeting And/or Events On Public Lands
  • Aircraft Tie Downs and Boat Berths Leased On Public Lands

Taxable Possessory Interest Forms

  1. BOE-502P - Possessory Interests Annual Usage Report