Laws, Regulations & Annotations

Property Taxes Law Guide – Revision 2012
 

Revenue and Taxation Code

Property Taxation

Part 0.5. Implementation of Article XIII A of the California Constitution

Chapter 3.5. Change in Ownership and New Construction After the Lien Date

Article 5. Transmittal of Supplemental Assessments to the Auditor

Section 75.41

75.41. Computation of tax. (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:

If the presumed date is:

The taxes on the supplemental assessment on the current roll shall be multiplied by:

August 1

0.92

September 1

0.83

October 1

0.83

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.

History.—Stats. 1983, Ch. 1102, in effect September 27, 1983, substituted "For property . . . before" for "In the event that the change in ownership or completion of new construction occurs prior to" before "January 1" in the second sentence of subdivision (a); and added "presumed" before "date", substituted "April 1" for "March" after "is", substituted ".25" for "3/12 (.25)" after "by", and substituted "1.00" for "12/12 (1.00)" after "by" in subsection (1) of subdivision (c), added "presumed" before "date", substituted "May 1" for "April" after "is", substituted ".17" for "2/12 (.17)" after "by", and substituted "1.00" for "12/12 (1.00)" after "by" in subsection (2) thereof, added "presumed" before "date", substituted "June 1" for "May" after "is", substituted ".08" for "1/12 (.08)" after "by", and substituted "1.00" for "12/12 (1.00)" after "by" in subsection (3) thereof, added "presumed" before "date", substituted "July 1" for "June" after "is", and substituted "1.00" for "12/12 (1.00)" after "by" in subsection (4) thereof, and added "presumed" before "date", substituted "August 1, and on or" for "July 1" after "after" and revised the table of factors in subsection (5) thereof. Stats. 1984, Ch. 512, in effect July 17, 1984, deleted "if the tax bill is delinquent on or before January)," before "the taxes" in the second sentence of subdivision (a). Stats. 1984, Ch. 946, in effect September 10, 1984, added ", as defined in Section 75.4," before "to" in the first sentence and substituted "supplemental" for "secured" before "roll" in the second sentence of subdivision (a). Stats. 1985, Ch. 1273, effective January 1, 1986, added subdivision (d) and relettered former subdivision (d) as (e). Stats. 1990, Ch. 126, in effect June 11, 1990, substituted "on the tax bill . . . ($20)" for ", if the amount is ten dollars ($10)" in subdivision (d). Stats. 1991, Ch. 532, in effect January 1, 1992, added the second sentence to subdivision (a); added "supplemental" after ''computing the", deleted "on the tax bill" after "due", deleted "amount of all taxes due" after "total", and substituted "amount" for "taxes" after "cancel the" in subdivision (d); and substituted "may be" for "is" after "assessee" in subdivision (e). Stats. 1993, Ch. 905, in effect October 8, 1993, substituted "may" for "shall" after "rate" in the second sentence of subdivision (a); added the third sentence to subdivision (a), and added "0" before the factors in paragraph (5) of subdivision (c). Stats. 1995, Ch. 499, in effect January 1, 1996, operative January 1, 1997, substituted "February" for "April" after "(b) is" in paragraph (1); substituted "March" for "May" after "(b) is" in paragraph (2); substituted "April" for "June" after "(b) is" and substituted "0.25" for "0.08" after "multiplied by" in paragraph (3); added paragraphs (4) and (5); renumbered former paragraphs (4) and (5) as (6) and (7), respectively; substituted "January" for "March" after "or before" and deleted from the table of factors, "February 1 . . . 0.42" and "March 1 . . . .33" in paragraph (7) of subdivision (c). Stats. 1996, Ch. 1087, in effect January 1, 1997, substituted "0.42" for "0.25" after "current roll shall be multiplied by" in paragraph (1) of subdivision (c).

Note.—See note following Section 75.