SB 816

Bill Subjects

Abstract

(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 no reimbursement is required by this act for a specified reason.