Laws, Regulations & Annotations

Property Taxes Law Guide – Revision 2014
 

Revenue and Taxation Code

Property Taxation

Part 10. Aircraft Assessment and Taxation

CHAPTER 3. Assessment


CHAPTER 3. Assessment

5362. Assessed where habitually situated. The assessor of the county in which the aircraft is habitually situated shall assess the aircraft at its market value.

History.—Added by Stats. 1961, p. 3681, in effect September 15, 1961.

5363. Market value. In assessing aircraft, the county assessor shall determine the market value of the aircraft in accordance with standards and guides to the market value of aircraft prescribed by the board. In determining the market value of aircraft the assessor shall not take into account the existence of any custom or common method, if any, in arriving at the market value of any class or classes of aircraft.

History.—Added by Stats. 1961, p. 3682, in effect September 15, 1961.

5364. Board to establish assessment standards. The board shall establish standards and fix guides or, after a public hearing, shall review and approve commercially available guides, to be used by the county assessor in the assessment of aircraft at market value.

History.—Added by Stats. 1961, p. 3682, in effect September 15, 1961. Stats. 1996, Ch. 1087, in effect January 1, 1997, added "or, after a public hearing, shall review and approve commercially available guides," after "fix guides".

5365. Statement. Upon request of the assessor of the county in which an aircraft is habitually based, the owner shall file with the assessor a statement setting forth information about the aircraft that is necessary to ascertain the full value of the aircraft, including, but not limited to, the serial number, the make, model, year of manufacture of the aircraft, and engine and maintenance information, including the total hours logged on the aircraft following the last major overhaul of the engine of the aircraft.

History.—Added by Stats. 1961, p. 3682, in effect September 15, 1961. Stats. 1967, p. 2346, in effect November 8, 1967, deleted all former language, requiring a mandatory annual statement, and added present language. Stats. 2004, Ch. 200 (SB 1880), in effect January 1, 2005, substituted "the assessor a statement * * * major overhaul of the engine" for "him a statement setting forth the make, model and year of manufacture" after "shall file with" in the first sentence.

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5366. Airport operator annual statement; aircraft based at airport. Owners, as well as operators, of private and public airports shall, within 15 days following the lien date of each year, provide the assessor of the county in which the airport is situated with a statement containing a list of names and addresses of the owners, and the make, model, and aircraft registration number, of all aircraft which were using the airport as a base. The assessors of each county shall, not later than July 1, 1970, and not later than the first day of July of each year thereafter, provide the California Department of Transportation, Division of Aeronautics with a statement containing a list of names, addresses of owners, make, model, aircraft registration number and assessed value of all aircraft which were using airports in the county as a base.

History.—Added by Stats. 1961, p. 3682, in effect September 15, 1961. Stats. 1966, p. 682 (First Extra Session), in effect October 6, 1966, first operative for the 1967–68 assessment year, substituted "within 15 days following the lien date" for "on or before the first Monday in March" and "were using" for "use." Stats. 1968, p. 2873, in effect November 13, 1968, added the second sentence. Stats. 1969, p. 1341, in effect August 4, 1969, added "and the make, model, and aircraft registration number" in the first sentence, and substituted the references to July 1st for a reference to 30 days following the lien date and also substituted "Department" for "Division" of Aeronautics in the second sentence. Stats. 1995, Ch. 497, in effect January 1, 1996, added "Transportation, Division of" after "Department of" and added "with" after "Aeronautics" in the second sentence.

5367. Penalty; failure to file statement. If any person who is requested to file a statement pursuant to Section 5365 fails to file such statement by the time specified by the assessor, a penalty of 10 percent of the market value of the unreported aircraft shall be added to the value of the aircraft of such person which is placed on the current roll.

If the assessee establishes to the satisfaction of the county board of equalization or the assessment appeals board that the failure to file the statement was due to reasonable cause and not due to willful neglect, it may order the penalty abated; provided, that 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.

History.—Added by Stats. 1978, Ch. 1209, in effect January 1, 1979.

5368. Airport operator statement; aircraft using airport. Owners, as well as operators, of private and public airports shall provide, upon the request of the assessor of the county in which the airport is situated, a statement containing the make, model, aircraft registration number, and arrival and departure information of all aircraft utilizing the airport facilities.

History.—Added by Stats. 2007, Ch. 180 (SB 87), in effect August 24, 2007.

Constitutionality.—Assessment of personal property tax imposed on managers of fractionally owned aircraft is constitutional, as managers controlled the fractionally owned aircraft, and the aircraft had sufficient connection with California to justify the imposition of property tax. However, retroactive application is not constitutional because the statute constituted new law regarding the assessment of taxes on managers controlling fractionally owned aircraft fleets. NetJets Aviation, Inc. v. Guillory (2012) 207 Cal.App.4th 26.

Note.—See note following Section 1160 related to Stats. 2007, Ch. 180 (SB 87).

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