Laws, Regulations & Annotations

Property Taxes Law Guide – Revision 2014
 

Revenue and Taxation Code

Property Taxation

Part 12. Taxation of Racehorses

CHAPTER 4. Collection


Chapter 4. Collection

5761. Due date. The tax imposed pursuant to this part shall be determined as of 12:01 a.m. January 1 of the calendar year for which it is imposed and shall be immediately due and payable to the tax collector of the county in which the racehorse is domiciled.

History.—Stats. 1972, p. 1229, in effect August 10, 1972, provided that the tax was to be determined as of 12:01 a.m. January 1 and that it immediately became due and payable.

5762. Delinquency date. The tax imposed by this part shall become delinquent at 5 p.m. on the 15th day of February of the calendar year for which it is imposed.

History.—Stats. 1972, p. 1229, in effect August 10, 1972, added "at 5 p.m." between "delinquent" and "on" and substituted "calendar" for "tax" in the first sentence.

5763. Penalties. A delinquent penalty of 6 percent shall attach at 5 p.m. on the day any tax imposed by this part becomes delinquent. An additional penalty of 1 percent shall attach to the tax on the first day of the first calendar month commencing after the tax becomes delinquent and on the first day of each calendar month thereafter, until the delinquent tax and penalties have been paid in full.

History.—Stats. 1972, p. 1230, in effect August 10, 1972, added "at 5 p.m." between "attach" and "on" in the first sentence; and deleted "and penalty" between "tax" and "on", and "on the unpaid balance" between "thereafter" and ", until" in the second sentence.

5764. Jeopardy determinations. If, in the opinion of the tax collector, the amount of tax required to be paid to the county pursuant to this part, or any portion thereof, will be jeopardized by delay, the tax collector shall thereupon make a determination of the tax or the amount of tax to be collected. The amount so determined shall be immediately due and payable. Such jeopardy determinations and the amount of tax found to be due thereunder may be collected by the tax collector by any legal means, including, but not limited to, the procedures established pursuant to Chapter 3.3 (commencing with Section 2851), Chapter 4 (commencing with Section 2901), Chapter 5 (commencing with Section 3002), and Chapter 6 (commencing with Section 3101) of Part 5 of this division.

History.—Stats. 1972, p. 1230 in effect August 10, 1972, substituted "tax collector" for "assessor" in the first sentence.

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5765. Escaped racehorses; tax and penalties. (a) The assessor may perform audits of the books and records of any owner of racehorses subject to the tax imposed by this part in the county to determine if the correct information has been reported and the proper amount of tax has been paid.

(b) In those cases wherein the board determines that an audit would have been required under Section 469 if the racehorses were subject to property taxation, rather than to the provisions of this part, the assessor shall perform such audits of the books and records of the owners of racehorses subject to the tax imposed by this part as the board by rules and regulations may prescribe.

History.—Stats. 1972, p. 1230, in effect August 10, 1972, substantially revised this section dividing it into subdivisions (a) and (b).

5766. Escaped racehorses; statute of limitations. The tax described in this part may be imposed at any time within five years after the tax would have otherwise become due and the penalties shall date from the time described in Section 5763.

History.—Stats. 1972, p. 1230, in effect August 10, 1972, substituted "this part" for "Section 5765" and "penalties" for "penalty" in the first sentence.

5767. Penalties. If any person required by Section 5782 to file a report fails to file it by the time specified, the tax collector shall impose on the lawful amount of taxes due under this part, a penalty equal to 10 percent of the tax, and the penalties provided by Section 5763. If any person required to file the report required by Section 5782 files any false or fraudulent report with an intent to defeat or evade any tax due under this part, the tax collector shall impose on the lawful amount of tax due under this part, a penalty equal to 25 percent of the tax, and the penalties provided by Section 5763.

History.—Stats. 1972, p. 1230, in effect August 10, 1972, substituted "to file it by the time specified, the tax collector shall impose on" for "to do so or fails to file it by the time specified, the assessor shall impose" and "tax collector" for "assessor" in the first sentence.

5768. Required records and retention period. Upon request of the assessor, an owner of racehorses of a type subject to the tax imposed by this part shall make available at his principal place of business, principal location or principal address in California or at any place mutually agreeable to the assessor and the owner, a true copy of business records relevant to the number and type of racehorses located in any county of the state during any taxable period and the number of days spent in each county during that period. Records referred to in this section shall be retained by the owner for a period of five years from the date any tax to which they relate becomes due.

History—Stats. 1972, p. 1231, in effect August 10, 1972, substituted "racehorses" for "livestock" in two places in the first sentence.

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