BILL NUMBER: SB 2237 INTRODUCED
BILL TEXT
INTRODUCED BY Committee on Revenue and Taxation (Senators Alpert
(Chair), Greene, Karnette, Knight, Lee, and McPherson)
MARCH 3, 1998
An act to amend Section 4582.8 of the Public Resources Code, and
to amend Sections 64, 75.21, 95.31, 441, 452, 463, 465, 834, and 5802
of, and to add Sections 207.1 and 38116 to, the Revenue and Taxation
Code, relating to taxation.
LEGISLATIVE COUNSEL'S DIGEST
SB 2237, as introduced, Committee on Revenue and Taxation.
Taxation: property: timber.
Existing law requires the Director of Forestry and Fire Protection
to transmit copies of specified notices of exemption or emergency
relating to timber to the State Board of Equalization.
This bill would require that those notices include an estimate of
the timber owner as to whether or not the subject timber will be
subject to timber yield tax, as provided.
Existing property tax law provides that the purchase or transfer
of ownership interests in legal entities shall not be deemed to
constitute a transfer of the real property of the entity.
This bill would make a technical, nonsubstantive change to those
provisions.
Existing property tax law specifies that exemptions shall be
applied to the amount of the supplemental assessment, as defined,
provided, among other things, that claims for exemption are filed.
This bill would reduce the number of times a claim is required to
be filed, and provide that personal property leased to a church and
used as provided shall be deemed to be used exclusively for religious
purposes.
Existing property tax law provides for certain fiscal years that
an eligible county participating in the State-County Property Tax
Administration Program may receive a loan for up to amounts specified
by the Director of Finance.
This bill would provide that in no event shall the Director of
Finance specify a loan amount that is less that $25,000.
Existing property tax law requires each person owning certain
taxable personal property to file a property statement with the
assessor within a specified time period. It also requires the State
Board of Equalization to prescribe the content of property
statements, and notify assessors of the same.
This bill would change that filing period, and change the time
period to notify assessors of the contents of the property
statements, as provided. It would also establish a uniform statewide
filing date of April 30th for business property statements.
Existing property tax law authorizes the assessor to destroy
certain documents obtained from taxpayers if specified time has
elapsed and the documents have been microfilmed.
This bill would also allow that destruction if the documents have
been microfiched, imaged, or otherwise preserved, as provided.
The Mobilehome Property Tax Law provides for the taxation of
mobilehomes.
This bill would make a technical, nonsubstantive change to that
law relating to base year value, as defined.
The Timber Yield Tax Law imposes a tax on timber owners with
respect to the harvesting of timber or felled or downed timber at
specified rates.
This bill would exempt from the tax, timber whose immediate
harvest value is low, as specified.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 4582.8 of the Public Resources Code is amended
to read:
4582.8. Within 10 days from the date that a timber harvesting
plan is determined to be in conformance under Section 4582.7, or
within 10 days from the date of receipt of a notice of timber
operations, a nonindustrial timber harvest notice, a notice of
exemption to convert less than three acres to a nontimber use
pursuant to Section 4584, or an emergency notice filed pursuant to
Section 4592, the director shall transmit copies thereof to the State
Board of Equalization. Any notice of exemption or notice of
emergency transmitted to the State Board of Equalization pursuant to
this section shall include, among other things, an estimate of the
timber owner as to whether the timber to be harvested pursuant to the
notice will or will not be exempt from timber yield tax pursuant to
Section 38116 of the Revenue and Taxation Code as interpreted and
implemented by the State Board of Equalization.
SEC. 2. Section 64 of the Revenue and Taxation Code is amended to
read:
64. (a) Except as provided in subdivision (h)
(i) of Section 61 and subdivisions (c) and (d) of this
section, the purchase or transfer of ownership interests in legal
entities, such as corporate stock or partnership or limited liability
company interests, shall not be deemed to constitute a transfer of
the real property of the legal entity. This subdivision is
applicable to the purchase or transfer of ownership interests in a
partnership without regard to whether it is a continuing or a
dissolved partnership.
(b) Any corporate reorganization, where all of the corporations
involved are members of an affiliated group, and that qualifies as a
reorganization under Section 368 of the United States Internal
Revenue Code and that is accepted as a nontaxable event by similar
California statutes, or any transfer of real property among members
of an affiliated group, or any reorganization of farm credit
institutions pursuant to the federal Farm Credit Act of 1971 (Public
Law 92-181), as amended, shall not be a change of ownership. The
taxpayer shall furnish proof, under penalty of perjury, to the
assessor that the transfer meets the requirements of this
subdivision.
For purposes of this subdivision "affiliated group" means one or
more chains of corporations connected through stock ownership with a
common parent corporation if both of the following conditions are
met:
(1) One hundred percent of the voting stock, exclusive of any
share owned by directors, of each of the corporations, except the
parent corporation, is owned by one or more of the other
corporations.
(2) The common parent corporation owns, directly, 100 percent of
the voting stock, exclusive of any shares owned by directors, of at
least one of the other corporations.
(c) (1) When a corporation, partnership, limited liability
company, other legal entity, or any other person obtains control
through direct or indirect ownership or control of more than 50
percent of the voting stock of any corporation, or obtains a majority
ownership interest in any partnership, limited liability company, or
other legal entity through the purchase or transfer of corporate
stock, partnership, or limited liability company interest, or
ownership interests in other legal entities, including any purchase
or transfer of 50 percent or less of the ownership interest through
which control or a majority ownership interest is obtained, the
purchase or transfer of that stock or other interest shall be a
change of ownership of the real property owned by the corporation,
partnership, limited liability company, or other legal entity in
which the controlling interest is obtained.
(2) On or after January 1, 1996, when an owner of a majority
ownership interest in any partnership obtains all of the remaining
ownership interests in that partnership or otherwise becomes the sole
partner, the purchase or transfer of the minority interests, subject
to the appropriate application of the step-transaction doctrine,
shall not be a change in ownership of the real property owned by the
partnership.
(d) If property is transferred on or after March 1, 1975, to a
legal entity in a transaction excluded from change in ownership by
paragraph (2) of subdivision (a) of Section 62, then the persons
holding ownership interests in that legal entity immediately after
the transfer shall be considered the "original coowners." Whenever
shares or other ownership interests representing cumulatively more
than 50 percent of the total interests in the entity are transferred
by any of the original coowners in one or more transactions, a change
in ownership of that real property owned by the legal entity shall
have occurred, and the property that was previously excluded from
change in ownership under the provisions of paragraph (2) of
subdivision (a) of Section 62 shall be reappraised.
The date of reappraisal shall be the date of the transfer of the
ownership interest representing individually or cumulatively more
than 50 percent of the interests in the entity.
A transfer of shares or other ownership interests that results in
a change in control of a corporation, partnership, limited liability
company, or any other legal entity is subject to reappraisal as
provided in subdivision (c) rather than this subdivision.
(e) In order to assist in the determination of whether a change of
ownership has occurred under subdivisions (c) and (d), the Franchise
Tax Board shall include a question in substantially the following
form on returns for partnerships, banks and corporations (except
tax-exempt organizations):
If the corporation (or partnership or limited liability company)
owns real property in California, has cumulatively more than 50
percent of the voting stock (or more than 50 percent of total
interest in both partnership or limited liability company capital and
partnership or limited liability company profits) (1) been
transferred by the corporation (or partnership or limited liability
company) since March 1, 1975, or (2) been acquired by another legal
entity or person during the year? (See instructions.)
If the entity answers "yes" to (1) or (2) in the above question,
then the Franchise Tax Board shall furnish the names and addresses of
that entity and of the stock or partnership or limited liability
company ownership interest transferees to the State Board of
Equalization.
SEC. 3. Section 75.21 of the Revenue and Taxation Code is amended
to read:
75.21. (a) Exemptions shall be applied to the amount of the
supplemental assessment, provided that the property is not receiving
any other exemption on either the current roll or the roll being
prepared except as provided for in subdivision (b), that the assessee
is eligible for the exemption, and that in those instances in which
the provisions of this division require the filing of claims for
exemption, the assessee makes a claim for the exemption for the
next succeeding lien date .
(b) If the property received an exemption on the current roll or
the roll being prepared and the assessee on the supplemental roll is
eligible for an exemption and in those instances in which the
provisions of this division require the filing of claims for
exemption, the assessee makes a claim for the next succeeding
lien date for an exemption of a greater amount, then the
difference in the amount between the two exemptions shall be applied
to the supplemental assessment.
(c) In those instances in which the provisions of this division
require the filing of claims for exemption, except as provided in
subdivision (d) or (e), any person claiming to be eligible for an
exemption to be applied against the amount of the supplemental
assessment shall file a claim or an amendment to a current claim, in
that form as prescribed by the board, on or before the 30th day
following the date of notice of the supplemental assessment, in order
to receive a 100-percent exemption.
(1) With respect to property as to which the college, cemetery,
church, religious, exhibition, veterans' organization, free public
libraries, free museums, public schools, community colleges, state
colleges, state universities, or welfare exemption was available but
for which a timely application for exemption was not filed, the
following amounts shall be canceled or refunded:
(A) Ninety percent of any tax or penalty or interest thereon, or
any amount of tax or penalty or interest thereon exceeding two
hundred fifty dollars ($250) in total amount, whichever is greater,
for each supplemental assessment, provided that an appropriate
application for exemption is filed on or before the date on which the
first installment of taxes on the supplemental tax bill becomes
delinquent, as provided by Section 75.52.
(B) Eighty-five percent of any tax or penalty or interest thereon,
or any amount of tax or penalty or interest thereon exceeding two
hundred fifty dollars ($250) in total amount, whichever is greater,
for each supplemental assessment, if an appropriate application for
exemption is thereafter filed.
(2) With respect to property as to which the welfare exemption or
veterans' organization exemption was available, all provisions of
Section 254.5, other than the specified dates for the filing of
affidavits and other acts, are applicable to this section.
(3) With respect to property as to which the veterans', homeowners'
, or disabled veterans' exemption was available but for which a
timely application for exemption was not filed, that portion of tax
attributable to 80 percent of the amount of exemption available shall
be canceled or refunded, provided that an appropriate application
for exemption is filed on or before the date on which the first
installment of taxes on the supplemental tax bill becomes delinquent,
as provided by Section 75.52.
(4) With respect to property as to which any other exemption was
available, but for which a timely application for exemption was not
filed, the following amounts shall be canceled or refunded:
(A) Ninety percent of any tax or penalty or interest thereon,
provided that an appropriate application for exemption is filed on or
before the date on which the first installment of taxes on the
supplemental tax bill becomes delinquent, as provided by Section
75.52.
(B) Eighty-five percent of any tax or penalty or interest thereon,
or any amount of tax or penalty or interest thereon exceeding two
hundred fifty dollars ($250) in total amount, whichever is greater,
for each supplemental assessment, if an appropriate application for
exemption is thereafter filed.
Other provisions of this division pertaining to the late filing of
claims for exemption do not apply to assessments made pursuant to
this chapter.
(d)
(c) For purposes of this section, any claim for the
homeowners' exemption, veterans' exemption, or disabled veterans'
exemption previously filed by the owner of a dwelling, granted and in
effect, constitutes the claim or claims for that exemption required
in this section. In the event that no claim for the homeowners'
exemption, veterans' exemption, or disabled veterans' exemption is in
effect, a claim for any of those exemptions for a single
supplemental assessment for a change in ownership or new construction
occurring on or after June 1, up to and including December 31,
shall apply to that assessment; a claim for any of those exemptions
for the two supplemental assessments for a change in ownership or new
construction occurring on or after January 1, up to and including
May 31, one for the current fiscal year and one for the following
fiscal year, shall apply to those assessments. In either case, if
granted, the claim shall remain in effect until title to the property
changes, the owner does not occupy the home as his or her principal
place of residence on the lien date, or the property is otherwise
ineligible pursuant to Section 205, 205.5, or 218.
(e) Notwithstanding subdivision (c), no additional exemption claim
shall be required to be filed until the next succeeding lien date in
the case in which a supplemental assessment results from the
completion of new construction on property that has previously been
granted exemption on either the current roll or the roll being
prepared.
SEC. 4. Section 207.1 is added to the Revenue and Taxation Code,
to read:
207.1. Personal property leased to a church and used exclusively
for the purposes described in Section 207 shall be deemed to be used
exclusively for religious purposes under that section.
The exemption provided by this section is granted pursuant to the
authority in Section 2 of Article XIII of the California
Constitution.
SEC. 5. Section 95.31 of the Revenue and Taxation Code is amended
to read:
95.31. (a) (1) Notwithstanding any other provision of law, any
eligible county may, upon the recommendation of the county assessor,
and by resolution of the board of supervisors of that county adopted
not later than December 1 of the fiscal year for which it is to first
apply, elect to participate in the State-County Property Tax
Administration Program.
(2) Except as specified in paragraph (3), for the purposes of this
section, an eligible county shall mean a county in which additional
property tax revenue allocated to school entities would reduce the
amount of General Fund moneys apportioned to school entities.
However, eligibility shall be terminated when, in combination with
resources in the Educational Revenue Augmentation Fund, additional
property tax revenues allocated to school entities will not result in
a reduction in the General Fund apportionments.
(3) Notwithstanding paragraph (2), both the County of Solano and
the County of San Benito shall be deemed eligible counties that may,
upon the recommendation of the county assessor, and by resolution of
the board of supervisors of the county adopted on or before March 31,
1996, elect to participate in the State-County Property Tax
Administration Program.
(b) (1) In each fiscal year from the 1995-96 fiscal year to the
2000-01 fiscal year, inclusive, an eligible county participating in
the State-County Property Tax Administration Program may receive a
loan for up to the amount listed in paragraph (3). The loan shall be
repaid by June 30 of the fiscal year following the year in which the
loan is made. However, at the discretion of the Director of
Finance, the loan may be renewed once for an additional 12-month
period at the request of the participating county board of
supervisors. For the Counties of Fresno, Orange, San Benito, and
Solano any loan agreement signed on or before July 31, 1996, shall be
deemed a loan agreement for the 1995-96 fiscal year for the purposes
of this section.
(2) If an eligible county elects to participate in the
State-County Property Tax Administration Program, it shall enter into
a contractual agreement with the Department of Finance. At a
minimum, the contractual agreement shall include the following:
(A) The loan amount, as determined by the Director of Finance.
(B) Repayment provisions, including the interception of Motor
Vehicle License Fee Account moneys apportioned pursuant to Section
11005 to repay the General Fund.
(C) A listing of the proposed use of the additional resources
including, but not limited to:
(i) Proposed new positions.
(ii) Increased automation costs.
(D) An agreement to provide to the Department of Finance, by March
31 of the fiscal year in which the loan is made, a report projecting
the impact of the increased funding in the current and subsequent
fiscal year.
(3) Upon request of the Department of Finance, the Controller
shall provide a loan to the following counties
for up to in the amount specified by
the Director of Finance , not to exceed the following
amounts: .
(4) For each county, the Director of Finance may specify any loan
amount up to the amount listed below.
Jurisdiction Amount
Alameda .......................... $ 2,152,429
Alpine ........................... 3,124
Amador ........................... 80,865
Butte ............................ 381,956
Calaveras ........................ 109,897
Colusa ........................... 53,957
Contra Costa ..................... 2,022,088
Del Norte ........................ 36,203
El Dorado ........................ 302,795
Fresno ........................... 1,165,249
Glenn ............................ 59,197
Humboldt ......................... 210,806
Imperial ......................... 231,673
Inyo ............................. 100,080
Kern ............................. 1,211,318
Kings............................. 138,653
Lake ............................. 117,376
Lassen ........................... 54,699
Los Angeles ...................... 13,451,670
Madera ........................... 212,991
Marin ............................ 790,490
Mariposa ......................... 46,476
Mendocino ........................ 160,435
Merced ........................... 298,004
Modoc ............................ 24,022
Mono ............................. 47,778
Monterey ......................... 795,819
Napa ............................. 366,020
Nevada ........................... 234,292
Orange ........................... 6,826,325
Placer ........................... 628,047
Plumas ........................... 80,606
Riverside ........................ 2,358,068
Sacramento ....................... 1,554,245
San Benito ....................... 90,408
San Bernardino ................... 2,139,938
San Diego ........................ 5,413,943
San Francisco .................... 1,013,332
San Joaquin ...................... 818,686
San Luis Obispo .................. 736,288
San Mateo ........................ 2,220,001
Santa Barbara .................... 926,817
Santa Clara ...................... 4,213,639
Santa Cruz ....................... 565,328
Shasta ........................... 342,399
Sierra ........................... 7,383
Siskiyou ......................... 91,164
Solano ........................... 469,207
Sonoma ........................... 1,035,049
Stanislaus ....................... 866,155
Sutter ........................... 147,436
Tehama ........................... 97,222
Trinity .......................... 24,913
Tulare ........................... 501,907
Tuolumne ......................... 126,067
Ventura .......................... 1,477,789
Yolo ............................. 278,309
Yuba ............................. 88,968
(5) Notwithstanding paragraph (4), in no event shall the Director
of Finance specify a loan amount that is less than $25,000.
(4)
(6) The Department of Finance shall consider any or all of
the following items in determining the extent to which a county has
satisfied the terms and repaid the loan, pursuant to the contract, as
offered under this part:
(A) County performance as indicated by the State Board of
Equalization's sample survey required pursuant to Section 15640 of
the Government Code.
(B) Performance measures adopted by the California Assessors'
Association.
(C) Reduction of backlog of assessment appeals and Proposition 8
declines in value.
(D) County compliance with mandatory audits required by Section
469.
(E) Reduction of backlogs in new construction, changes in
ownership, and supplemental roll.
(F) Other measures, as determined by the Director of Finance.
(5)
(7) The Director of Finance shall notify the Controller of
any participating county that fails to comply with the terms of the
agreement, including the repayment of the loan. When the Controller
receives notice from the Director of Finance, the Controller shall
make an apportionment to the General Fund on behalf of the
participating county in the amount of that required payment for the
purpose of making that payment. The Controller shall make that
payment only from moneys credited to the Motor Vehicle License Fee
Account in the Transportation Tax Fund to which the participating
county is entitled at that time under Chapter 5 (commencing with
Section 11001) of Part 5 of Division 2, and shall thereupon reduce,
by the amount of the payment, the subsequent allocation or
allocations to which the county would otherwise be entitled under
that chapter.
(c) (1) Funds appropriated for purposes of this section shall be
used to enhance the property tax administration system by providing
supplemental resources. Amounts provided to any county as a loan
pursuant to this section shall not be used to supplant the current
level of funding. In order to participate in the State-County
Property Tax Administration Program, a participating county shall
maintain a base staffing, including contract staff, and total funding
level in the county assessor's office, independent of the loan
proceeds provided pursuant to this act, equal to the levels in the
1994-95 fiscal year exclusive of amounts provided to the assessor's
office pursuant to Item 9100-102-001 of the Budget Act of 1994.
However, in a county in which the 1994-95 funding level for the
assessor's office was higher than the 1993-94 level, the 1993-94
fiscal year staffing and funding levels shall be considered the base
year for purposes of this section. Commencing with the 1996-97
fiscal year, if a county was otherwise eligible but was unable to
participate in this program in the 1995-96 fiscal year because it did
not meet the funding level and staffing requirements of this
paragraph, that county shall maintain a base staffing, including
contract staff, and total funding level in the county assessor's
office equal to the levels in the 1995-96 fiscal year.
(2) Prior to the assessor's recommendation for participation in
the State-County Property Tax Administration Program, the assessor
shall consult with the county tax collector, and any other county
agency directly involved in property tax administration, to discuss
the needs of the program for the duration of the contractual
agreement.
(d) A participating county may establish a tracking system whereby
a work or function number is assigned to each appraisal or
administrative activity. That system should provide statistical data
on the number of production units performed by each employee and the
positive and negative change in assessed value attributable to the
activities performed by each employee.
(e) Notwithstanding Section 95.3, no amount of funds provided to
an eligible county pursuant to this section shall result in any
deduction from those property tax administrative costs that are
eligible for reimbursement pursuant to Section 95.3.
(f) At the request of the Department of Finance, the board shall
assist the Department of Finance in evaluating contracts entered into
pursuant to this section.
SEC. 6. Section 441 of the Revenue and Taxation Code is amended to
read:
441. (a) Each person owning taxable personal property,
other than a mobilehome subject to Part 13 (commencing with Section
5800), having an aggregate cost of one hundred thousand dollars
($100,000) or more for any assessment year shall file a signed
property statement with the assessor. Every person owning personal
property which does not require the filing of a property statement or
real property shall upon request of the assessor file a signed
property statement. Failure of the assessor to request or secure the
property statement does not render any assessment invalid.
(a)
(b) The property statement shall be declared to be true
under the penalty of perjury and filed with the assessor between the
lien date and 5 p.m. on the last Friday in May, annually, or
between the lien date and any earlier time as the assessor may
appoint April 30. If April 30 falls on Saturday,
Sunday, or a legal holiday, an application that is mailed and
postmarked on the next business day shall be deemed to have been
filed between the lien date and 5 p.m. on April 30. If on the dates
specified in this paragraph, the county's offices are closed for
business prior to 5 p.m. or for that entire day, that day shall be
considered a legal holiday for purposes of this section .
(b) If the assessor appoints a time other than the last Friday in
May, it shall be no earlier than April 1. In this event the penalty
provided by Section 463 shall apply if the property statement is not
filed with the assessor by 5 p.m. on the last Friday in May or if all
of the following apply:
(1) The property statement is not filed within the time appointed
by the assessor.
(2) The assessor has given notice by certified or registered mail,
or by first-class mail, properly addressed with postage prepaid, no
earlier than 15 days after the time appointed by the assessor of
nonreceipt of the property statement within the appointed time. If
the notice is given by first-class mail, the assessor shall obtain a
certificate of mailing issued by the United States Postal Service
verifying the fact and date of mailing of the notice.
(3) The property statement has not been filed with the assessor
within 15 days following the date of receipt of the notice, if the
notice is given by certified or registered mail, or within
20 days following the date shown
on the certificate of mailing, if the notice is given by first-class
mail.
(c) The property statement may be filed with the assessor through
the United States mail, properly addressed with postage prepaid.
This subdivision shall be applicable to every taxing agency,
including, but not limited to, a chartered city and county, or
chartered city.
(d) At any time, as required by the assessor for assessment
purposes, every person shall make available for examination
information or records regarding his or her property or any other
personal property located on premises he or she owns or controls. In
this connection details of property acquisition transactions,
construction and development costs, rental income, and other data
relevant to the determination of an estimate of value are to be
considered as information essential to the proper discharge of the
assessor's duties.
(e) In the case of a corporate owner of property, 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 the statements on behalf of the corporation.
(f) In the case of property owned by a bank or other financial
institution and leased to an entity other than a bank or other
financial institution, the property statement shall be submitted by
the owner bank or other financial institution.
(g) The assessor may refuse to accept any property statement he or
she determines to be in error.
(h) If a taxpayer fails to provide information to the assessor
pursuant to subdivision (d) and introduces any requested materials or
information at any assessment appeals board hearing, the assessor
may request and shall be granted a continuance for a reasonable
period of time. The continuance shall extend the two-year period
specified in subdivision (c) of Section 1604 for a period of time
equal to the period of the continuance.
SEC. 7. Section 452 of the Revenue and Taxation Code is amended to
read:
452. For the assessment year beginning in 1968 and each
assessment year thereafter, the board shall prescribe in detail the
content of property statements, including the specific wording, to be
used by all assessors in the several counties, and cities and
counties, and shall notify assessors of such
those specifications at least six months
no later than the August 31 prior to the tax lien date on
which they become effective. Each assessor shall incorporate the
specifications on the exact form he or she proposes to use
and submit such that form to the board
for approval prior to use. The property statement shall not include
any question which that is not germane
to the assessment function.
SEC. 8. Section 463 of the Revenue and Taxation Code is amended to
read:
463. If any person who is required by law or is requested by the
assessor to make an annual property statement fails to file it with
the assessor by 5 p.m. on the last Friday in May
April 30 , or if, after written request by the assessor,
any person fails to file an annual property statement within
the time limit specified by Section 441 or make and
subscribe the affidavit respecting his or her name and
place of residence, a penalty of 10 percent of the assessed value of
the unreported taxable tangible property of such
that person placed on the current roll shall be added to
the assessment made on the current roll.
Notice of any penalty added to the secured roll pursuant to this
section shall be mailed by the assessor to the assessee at his
or her address as contained in the official records of the
county assessor.
If the assessee establishes to the satisfaction of the county
board of equalization or the assessment appeals board that the
failure to timely file the property statement
within the time required by Section 441 was due to
reasonable cause and not due to willful neglect, it may order the
penalty abated, provided the assessee has filed with the county board
written application for abatement of the penalty within the time
prescribed by law for the filing of applications for assessment
reductions.
If the penalty is abated , it shall be canceled or
refunded in the same manner as an amount of tax erroneously charged
or collected.
SEC. 9. Section 465 of the Revenue and Taxation Code is amended to
read:
465. The assessor may destroy any document containing information
obtained from taxpayers when seven years have elapsed since the lien
date for the taxes for which such the
information was obtained, provided, however, that such
the documents may be destroyed when three years
have elapsed since such the lien date
when such the documents have been
microfilmed , microfiched, imaged, or otherwise preserved on a
media that provides access to the document .
SEC. 10. Section 834 of the Revenue and Taxation Code is amended
to read:
834. The board may destroy any documents containing information
obtained from taxpayers when seven years have elapsed since the lien
date for the taxes for which such the
information was obtained , provided, however, that the documents
may be destroyed when three years have elapsed since the lien date
when the documents have been microfilmed, microfiched, imaged, or
otherwise preserved on a media that provides access to the document
.
SEC. 11. Section 5802 of the Revenue and Taxation Code, as amended
by Section 14 of Chapter 1222 of the Statutes of 1994, is amended to
read:
5802. (a) Except as provided in subdivision
subdivisions (b) and (c) , "base year value" as
used in this part means the full cash value of a manufactured home
on the date the manufactured home is purchased or changes ownership.
If the manufactured home undergoes any new construction after it is
purchased or changes ownership, the base year value of the new
construction is its full cash value on the date on which the new
construction is completed, and if uncompleted, on the lien date.
(b) The base year value of a manufactured home for which the
license fee is delinquent shall be its full cash value on the lien
date for the fiscal year in which it is first enrolled.
(c) The base year value of a manufactured home converted pursuant
to Section 18119 of the Health and Safety Code from taxation under
Part 5 (commencing with Section 10701) of Division 2 to taxation
under this part shall be its full cash value on the lien date for the
fiscal year in which that manufactured home is first enrolled.
(d) Notwithstanding any other provision of law, the assessor shall
determine the base year value of a manufactured home, located in a
resident-owned mobilehome park or a rental park in the process of
being changed to resident ownership, that is converted to property
taxation by the registered owner pursuant to Section 18555 of the
Health and Safety Code, so that the property taxes levied, after
adjustment for any applicable exemption, shall be the same amount as
the vehicle license fee that was imposed for the registration year in
which the home was converted to property taxation.
(e) This section shall remain in effect until January 1, 1999, and
on that date is repealed.
SEC. 12. Section 5802 of the Revenue and Taxation Code, as amended
by Section 15 of Chapter 1222 of the Statutes of 1994, is amended to
read:
5802. (a) Except as provided in subdivision
subdivisions (b) and (c) , "base year value" as
used in this part means the full cash value of a manufactured home
on the date the manufactured home is purchased or changes ownership.
If the manufactured home undergoes any new construction after it is
purchased or changes ownership, the base year value of the new
construction is its full cash value on the date on which the new
construction is completed, and if uncompleted, on the lien date.
(b) The base year value of a manufactured home for which the
license fee is delinquent shall be its full cash value on the lien
date for the fiscal year in which it is first enrolled.
(c) The base year value of a manufactured home converted pursuant
to Section 18119 of the Health and Safety Code from taxation under
Part 5 (commencing with Section 10701) of Division 2 to taxation
under this part shall be its full cash value on the lien date for the
fiscal year in which that manufactured home is first enrolled.
(d) This section shall become operative on January 1, 1999.
SEC. 13. Section 38116 is added to the Revenue and Taxation Code,
to read:
38116. There is exempted from the tax imposed by this part timber
whose immediate harvest value is so low that, if not exempt, the tax
on the timber would amount to less than the cost of administering
and collecting the tax, as determined by the board by rule. The
board, after consultation with the Timber Advisory Committee, shall
establish by rule the level at which the tax that would apply is less
than the cost to administer and collect the tax.