Laws, Regulations & Annotations

Property Taxes Law Guide – Revision 2014
 

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 75.43

75.43. Refunds. (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.

History.—Added by Stats. 1984, Ch. 946, in effect September 10, 1984. Stats. 1985, Ch. 1273, effective January 1, 1986, substituted "90" for "30" after "within" in the first sentence of subdivision (a), and added "when the interest is ten dollars ($10) or more on amounts refunded under Section 5096" after "mailed" in subdivision (b). Stats. 1986, Ch. 608, effective January 1, 1987, added subdivision (c).

Note.—See note following Section 75.