2007 California Revenue and Taxation Code Article 5. Property Statements

CA Codes (rtc:826-834)

826.  Upon request of the board, a person shall submit a property
statement pertaining to any state-assessed property owned, claimed,
possessed, used, controlled, or managed by him, in the form
prescribed by the board.
   (a) The statement shall be made under oath and filed with the
board.
   (b) In the case of a corporation, the property statement shall be
signed either by an officer of the corporation or an employee or
agent who has been designated in writing by the board of directors to
sign such statement on behalf of the corporation.



827.  The statement shall show specifically any information required
by the board in order to assess State assessed property.



828.  Any person with knowledge or records pertinent to the
appraisal of state-assessed property shall make them available to the
board on request.  The person shall make available at his principal
place of business, principal location, or principal address in
California, or at a place mutually agreeable to the board and the
person, a true copy of business records relevant to the amount, cost,
and value of all property that he owns, claims, possesses, or
controls within the state.



829.  Failure of the board to demand or secure the property
statement does not render any assessment invalid.



830.  (a) If the request of the board is mailed before the lien date
as defined in Section 722, the property statement shall be filed
with the board by March 1, and shall be in such detail as the board
may prescribe.
   (b) If the request of the board is mailed on or after the first
day of January following the lien date, the property statement shall
be filed with the board within 60 days after the request is mailed.
   (c) Except as hereinafter provided, if any person fails to file
the property statement, in whole or in part, by March 1, or by that
later date to which the filing period is extended pursuant to
subdivision (b) or Section 830.1, a penalty shall be added to the
full value of the assessment of so much of the property as is not
timely reported as follows:
   (1) For any part of the property statement relating to the
development of the unit value of operating property, the penalty
shall be 10 percent of the unit value.
   (2) For any part of the property statement, not relating to the
development of the unit value of operating property, that lists or
describes specific operating property, the penalty shall be 10
percent of the allocated value of the property, which penalty shall
be added to the unit value.
   (3) For any part of the property statement that lists or describes
specific nonunitary property, the penalty shall be 10 percent of the
value of the property.
   (4) If the failure to timely file a property statement is due to a
fraudulent or willful attempt to evade the tax, a penalty of 25
percent of the assessed value of the estimated assessment shall be
added to the assessment.  A willful failure to file a property
statement as required by Article 5 (commencing with Section 826)
shall be deemed to be a willful attempt to evade the tax.
   (5) No penalty added pursuant to paragraph (1), (2), (3), or (4)
may exceed twenty million dollars (,000,000) of full value.  In
addition, if a penalty has been added pursuant to paragraph (1), (2),
or (3), if a claim for refund seeking the recovery of that penalty
has been filed by the state assessee contesting the penalty within
three months of the due date of the second installment, and the state
assessee initiates an action in the superior court within one year
of the filing of the claim for refund, the state assessee is not
subject to any further penalties on subsequent assessments for
failure to comply with any subsequent request seeking information or
data with respect to the same issue as set forth in the claim for
refund filed within the time limits set forth above, until the
assessment year after a final decision of the court, and then only
with respect to a failure to comply with a request for information
with respect to assessments after a final decision of the court.  For
purposes of this paragraph, "same issue" means the type of
information that is the subject of the disputed request for
information.
   (d) Any person who subscribes to the board's tax rate area change
service and who receives a change mailed between April 1 and May 1,
shall file a corrected statement no later than May 30 with respect to
those parts of the property statement that are affected by the
change.
   If that person receives a change mailed after May 1, a corrected
statement shall be filed no later than the 60th day following the
mailing of that change.
   (e) Penalties incurred for filings received after June 30 may be
included with the assessments for the succeeding fiscal year.
   (f) If the assessee establishes to the satisfaction of the board
that the failure to file the property statement or any of its parts
within the time required by this section was due to reasonable cause
and occurred notwithstanding the exercise of ordinary care and the
absence of willful neglect, the board shall order the penalty abated,
provided the assessee has filed with the board written application
for abatement of the penalty within the time prescribed by law for
the filing of applications for assessment reductions.



830.1.  Notwithstanding Section 15620 of the Government Code, the
board, by order entered upon its minutes and for good cause shown,
may extend the time fixed for filing portions of the property
statement as follows:
   (a) For any part of the property statement relating to the
development of the unit value of operating property, an extension not
exceeding 45 days may be granted.
   (b) For any part of the property statement, not relating to the
development of the unit value of operating property, that lists or
describes specific operating property, an extension not exceeding 30
days may be granted.
   (c) For any part of the property statement that lists or describes
specific nonunitary property, an extension not exceeding 30 days may
be granted.
   (d) If an extension is granted pursuant to subdivision (a), (b),
or (c), an additional 15-day extension may be granted upon the
showing of extraordinary circumstances which prevent the filing of
the statement within the first extension.



831.  On forms and at times prescribed by the board, it may require
the assessor of any county or city to report any information in his
possession concerning the value of State assessed property.



832.  The board may call on any State department, board, bureau, or
commission for any assistance it can render.



833.  (a) Except as provided herein, all information required by the
board or furnished in the property statement shall be held secret by
the board and by any person or entity acquiring this information
pursuant to subdivision (c).  Information and records in the board's
office which are not required to be kept or prepared by the board are
not public documents and are not open to public inspection.
   (b) This section shall not apply to maps filed pursuant to Section
326.
   (c) Except as provided in Section 38706, the board may provide any
assessment data in its possession to the assessor of any county.
When requested by resolution of the board of supervisors of any
county, or the city council of any city which prepares its own local
roll, the board shall permit the auditor or the assessor of the
county or city, or any duly authorized deputy or employee of that
officer, to examine any and all records of the board.
   (d) The board shall disclose information, furnish abstracts or
permit access to any and all of its records to or by law enforcement
agencies, grand juries, and other duly authorized legislative or
administrative officials of the state pursuant to their authorization
to examine these records.
   (e) The board also may disclose information, records, and
appraisal data relating to state assessment of companies engaged in
interstate commerce to tax officials of other states having duties
corresponding to those described by this chapter.  This disclosure
shall be limited to instances in which there is a reciprocal exchange
of information by the states in which the interstate companies
operate, and shall be made only pursuant to a written agreement
between the agencies involved.  This agreement shall provide that any
request for information be in writing, shall specify the information
to be exchanged, and shall require that any information furnished be
used solely for tax administration purposes and otherwise shall be
held secret.  This agreement shall also provide that any information
furnished be disclosed only to those persons whose duties or
responsibilities require access and shall require that necessary
safeguards be implemented to protect the confidentiality of the
information.  The request for information and any written material
furnished pursuant to the request shall be open to inspection by the
person to whom the information relates at the office of the board in
Sacramento.
   (f) Upon receiving any request for confidential information from
any person or entity described in subdivision (c) or (e), the board
shall promptly notify the state assessee to which the request relates
of the identity of the person or entity requesting the information
and a description of the information sought.  Upon sending any
information in response to the request, the board shall
simultaneously provide to the state assessee to which the request
relates notification describing the information so transmitted and
the identity of the person or entity to whom the information was
transmitted.



834.  The board may destroy any documents containing information
obtained from taxpayers when six years have elapsed since the lien
date for the taxes for which that information was obtained.  Those
documents may be destroyed when three years have elapsed since the
lien date if the documents have been microfilmed, microfiched,
imaged, or otherwise preserved on a medium that provides access to
the documents.