LEGISLATIVE COUNSEL'S DIGEST
SB 816, as amended, Ducheny. Property taxation.
(1) Existing property tax law requires the assessor to disclose
certain appraisal information to specified state and local agencies.
This bill would expand the list of state and local agencies the
assessor is required to disclose certain appraisal information to
include the county recorder when conducting an investigation to
determine whether a documentary transfer tax is imposed.
(2) Existing law requires a corporation, partnership, limited
liability company, or other legal entity to file a change in
ownership statement within 45 days from the date of the change in
control or the change in ownership, or within 45 days from the date
of a written request by the State Board of Equalization. Existing law
requires a penalty to be imposed if the person or legal entity
required to file a change in ownership statement fails to do so
within 45 days from the date of a written request by the State Board
of Equalization. Existing law requires this penalty to be
automatically extinguished if the change in ownership statement is
filed no later than 60 days after the date on which the person or
legal entity is notified of the penalty. Existing law also authorizes
the State Board of Equalization to recommend to the county board of
supervisors that this penalty be abated, if the person or legal
entity establishes to the satisfaction of the State Board of
Equalization that the failure to file the change in ownership
statement within 45 days was due to reasonable cause and not due to
willful neglect and the person or legal entity has filed the change
in ownership statement and an application for abatement of the
penalty with the State Board of Equalization, as provided.
This bill would, instead, require a penalty to be imposed if the
person or legal entity required to file a change in ownership
statement fails to do so within 45 days from the earlier of the date
of the change in control or the change in ownership, or the date of a
written request by the State Board of Equalization. This bill would
also eliminate the requirement to extinguish this penalty and would,
instead, authorize the county board of supervisors to order that this
penalty be abated, if the person or legal entity establishes to the
satisfaction of the county board of supervisors that the failure to
file the change in ownership statement within 45 days was due to
reasonable cause and not due to willful neglect and the person or
legal entity has filed the change in ownership statement with the
State Board of Equalization and an application for abatement of the
penalty with the county board of supervisors, as provided.
(3) The Documentary Transfer Act authorizes the board of
supervisors of a county or city and county to impose a tax upon
specified instruments that transfer specified interests in real
property.
This bill would authorize any ordinance adopted by the board of
supervisors of a county or city and county for purposes of imposing a
documentary transfer tax to include an administrative appeal process
for resolution of disputes relating to the imposition of the tax.
This bill would prohibit the value of the property established for
purposes of determining the amount of documentary transfer tax due
from being binding on the determination of the value of that property
for property tax purposes.
(4) By changing the manner in which county officials process
property tax penalties, this bill would impose a state-mandated local
program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Comments/questions on SB 816 (Ducheny): Property taxation.
