2005 California Revenue and Taxation Code Sections 75.40-75.43 Auditor

REVENUE AND TAXATION CODE
SECTION 75.40-75.43

75.40.  When the period for claiming exemption has expired, and any
exemptions have been processed, the assessor shall transmit the
supplemental assessment to the auditor including the following
information:
   (a) Name and address, if known, of the assessee.
   (b) The parcel number or legal description of the property.
   (c) The tax rate area in which the property is located.
   (d) The new base year value of the property with the value for the
land separated from the value for improvements.
   (e) The value of the property on the current roll, or the roll
being prepared, or both.
   (f) The exemption applicable, if any.
   (g) The net supplemental assessment after exemption.
   (h) The date of the change of ownership or completion of new
construction.
75.41.  (a) The auditor shall apply the current year's tax rate, as
defined in Section 75.4, to the supplemental assessment or
assessments, computing the amount of taxes that would be due for a
full year.  If the tax rate for the "roll being prepared" is known,
the rate may be used with respect to the fiscal year to which it
applies, rather than the current year's tax rate as defined in
Section 75.4.  If the tax rate for the "roll being prepared" is not
known, the current year's tax rate as defined in Section 75.4 shall
be used.  For property on the supplemental roll, the taxes due shall
be computed in two equal installments.
   (b) The taxes due shall be adjusted by a proration factor to
reflect the portion of the tax year remaining as determined by the
date on which the change in ownership occurred or the new
construction was completed.  In computing the portion of the tax year
remaining, the change in ownership or completion of new construction
shall be presumed to have occurred on the first day of the month
following the date on which change in ownership or completion of new
construction occurred.
   (c) (1) If the presumed date specified in subdivision (b) is
February 1, the taxes on the supplemental assessment for the current
roll shall be multiplied by 0.42, and the taxes on the supplemental
assessment for the roll being prepared shall be multiplied by 1.00.
   (2) If the presumed date specified in subdivision (b) is March 1,
the taxes on the supplemental assessment for the current roll shall
be multiplied by 0.33, and the taxes on the supplemental assessment
for the roll being prepared shall be multiplied by 1.00.
   (3) If the presumed date specified in subdivision (b) is April 1,
the taxes on the supplemental assessment for the current roll shall
be multiplied by 0.25, and the taxes on the supplemental assessment
for the roll being prepared shall be multiplied by 1.00.
   (4) If the presumed date specified in subdivision (b) is May 1,
the taxes on the supplemental assessment for the current roll shall
be multiplied by 0.17, and the taxes on the supplemental assessment
for the roll being prepared shall be multiplied by 1.00.
   (5) If the presumed date specified in subdivision (b) is June 1,
the taxes on the supplemental assessment for the current roll shall
be multiplied by 0.08, and the taxes on the supplemental assessment
for the roll being prepared shall be multiplied by 1.00.
   (6) If the presumed date specified in subdivision (b) is July 1,
no supplemental assessment shall be made on the current roll, and the
taxes on the supplemental assessment for the roll being prepared
shall be multiplied by 1.00.
   (7) If the presumed date specified in subdivision (b) is on or
after August 1, and on or before January 1, the following table of
factors shall be used:
                                      The taxes on the supplemental
If the presumed                         assessment on the current
   date is:                            roll shall be multiplied by:
August 1 .........................                 0.92
September 1 ......................                 0.83
October 1 ........................                 0.75
November 1 .......................                 0.67
December 1 .......................                 0.58
January 1 ........................                 0.50
   (d) After computing the supplemental taxes due, if the total is
twenty dollars ($20) or less, the auditor may cancel the amount as
provided by Section 4986.8.
   (e) If the supplemental assessment is a negative amount, the
auditor shall follow the procedures of this section to determine the
amount of refund to which the assessee may be entitled.
75.42.  The information transmitted to the auditor by the assessor,
together with the extended taxes due, or extension of the refund,
shall be enrolled on the supplemental roll.
75.43.  (a) If a refund is due the assessee, the auditor shall make
the refund within 90 days of the date of enrollment of the negative
assessment on the supplemental roll.  Refunds shall be made from
taxes collected on assessments made on the supplemental roll.
   (b) If the refund is not made as provided in subdivision (a),
interest shall be paid at a rate provided by Section 5151, computed
from a date 30 days after the date of enrollment of the negative
assessment to the date the refund is mailed  when the interest is ten
dollars ($10) or more on amounts refunded under Section 5096.
   (c) Refunds made under this chapter shall be limited to the amount
by which the tax, penalty, or interest paid exceeds the amount of
tax, penalty, or interest which is lawfully due and owing based upon
the new base year value.


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