Laws, Regulations & Annotations

Property Taxes Law Guide – Revision 2013
 

Revenue and Taxation Code

Division 2. Other Taxes

Part 18.5. Timber Yield Tax

CHAPTER 3. Determination of Rates


Chapter 3. Determination of Rates

38202. Adjustment of yield tax rate. During December, 1978, and December of each subsequent year, after public hearings, the board shall adjust the yield tax rate to the nearest one-tenth of 1 percent in the same proportion that the average rate of general property taxation in the rate adjustment counties in the current tax year differs from the average rate of general property taxation in the rate adjustment counties in the preceding tax year. The board shall compute the average rate of general property taxation in the rate adjustment counties by (a) adding the county, city, school district, and other general taxes, but not the special taxes on intangibles, aircraft, or any other property, which is subject to a uniform statewide tax rate, nor special assessments, and (b) dividing the amount obtained by the total assessed valuation in the rate adjustment counties, exclusive of the homeowners' and business inventory exemptions, as shown by the county tax rolls for the same year.

"Total assessed valuation," as used in this section, does not include the assessment of property which is subject to a uniform statewide tax rate.

"Special assessment" as used in this section, means any amount levied solely against land or land and improvements.

When calculating the yield tax rate for the 1981–82 fiscal year, the 1980–81 average rate of general property taxation should first be divided by four.

History.—Stats. 1977, Ch. 853, in effect September 17, 1977, deleted "except real property" between "other property," and "which" in the second sentence of the first paragraph. Stats. 1978, Ch. 1109, in effect September 26, 1978, deleted the phrase in the first sentence "On or before December 31, 1978, and December 31" and replace it with "During December, 1978, and December". Stats. 1980, Ch. 1208, in effect January 1, 1981, added the fourth paragraph. Stats. 1981, Ch. 261, in effect January 1, 1982, deleted "baled cotton" after "aircraft," in the second sentence of the first paragraph.

38203. Certification of yield tax rate. On or before December 31, 1978, and on or before December 31 of each year thereafter, the board shall certify to the Director of Finance and to the Legislature the rate determined pursuant to Section 38202, and such rate shall be the yield tax rate applied under Section 38115 for the 12-month period beginning on the next succeeding January 1.

38203.5. Certification of yield tax rates for 1979, 1980, 1981, and 1982. [Repealed by Stats. 2005, Ch. 519 (AB 1765), in effect October 4, 2005.]

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38204. Designation of timber value areas. (a) On or before December 31, 1976, and periodically thereafter as determined by the board, the board after consultation with the Timber Advisory Committee and after public hearings held pursuant to the Administrative Procedure Act, shall designate areas containing timber having similar growing, harvesting, and marketing conditions to be used as timber value areas for the preparation and application of immediate harvest values. The board may designate areas for timber standing on lands owned by local agencies and on timberland as defined in Section 51104 of the Government Code and designate separate areas for timber standing on national forest lands owned by the United States government. On or before March 1, 1977, for timber harvested between April 1 and December 31, 1977, and on or before December 31, 1977, and on June 30 and December 31 of each year thereafter for timber harvested during the succeeding two calendar quarters, the board, after consultation with the Timber Advisory Committee, shall estimate the immediate harvest values of each species or subclassification of timber within those areas as of the initial date of the period. These values shall be determined under rules adopted pursuant to the Administrative Procedure Act from the best evidence available, including (1) gross proceeds from sales on the stump of similar timber of like quality and character at similar locations, or (2) gross proceeds from sales of logs, or of finished products, adjusted to reflect only the portion of those proceeds attributable to value on the stump immediately prior to harvest, or a combination of (1) and (2), and shall be determined in a manner that makes reasonable allowance for differences in age, size, quality, cost of removal, accessibility to point of conversion, market conditions and other relevant factors.

(b) The board, either on its own motion after consultation with the Timber Advisory Committee or in response to application from a timber owner, may modify the immediate harvest values to reflect material changes in timber values that result from fire, blowdown, ice storm, flood, disease, insect damage or other cause, for any area or part thereof in which damaged timber is located. The board shall specify any additional accounting or other requirements to be complied with in reporting and paying the tax on that timber.

History.—Stats. 1977, Ch. 853, in effect September 17, 1977, added "on or before December 31, 1977, and" to subdivision (a) between "December 31, 1977 and" and "on June 30". Stats. 1981, Ch. 947, in effect January 1, 1982, added "and periodically thereafter as determined by the board," after "1976," in the first sentence of subdivision (a). Stats. 1984, Ch. 678, in effect January 1, 1985, substituted "Section 51104" for "Section 51100" after "as defined in" in the second sentence of subdivision (a). Stats. 1994, Ch. 1222, in effect January 1, 1995, added a comma after "December 31, 1977" and substituted "those" for "such" after "of timber within" in the third sentence; substituted "These" for "Such" before "values", substituted "those" for "such" after "the portion of", and substituted "that" for "which" after "determined in a manner" in the fourth sentence of subdivision (a); added "after consultation with the Timber Advisory Committee" after "its own motion" in the first sentence, and substituted "that" for "such" after "paying the tax on" in the second sentence of subdivision (b).

38205. Review by Legislative Analyst. [Repealed by Stats. 1983, Ch. 352, in effect July 25, 1983.]

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