California 2011 2011-2012 Regular Session

California Assembly Bill AB2618 Introduced / Bill

Filed 02/24/2012

 BILL NUMBER: AB 2618INTRODUCED BILL TEXT INTRODUCED BY Assembly Members Achadjian and Ma FEBRUARY 24, 2012 An act to amend Section 80 of the Revenue and Taxation Code, relating to taxation. LEGISLATIVE COUNSEL'S DIGEST AB 2618, as introduced, Achadjian. Property taxation: assessment: reduction in base-year value: application. Existing property tax law authorizes an application for reduction in the base-year value of an assessment on the current roll to be filed during the regular filing period for that year subject to certain limitations, as provided. This bill would make a technical, nonsubstantive change to that provision. Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 80 of the Revenue and Taxation Code is amended to read: 80. (a) An application for reduction in the base-year value of an assessment on the current local roll may be filed during the regular filing period for that year as set forth in Section 1603 or Section 1840, subject to the following limitations: (1) The base-year value determined by a local board of equalization or by the State Board of Equalization, originally or on remand by a court, or by a court shall be conclusively presumed to be the base-year value for any 1975 assessment which was appealed. (2) The base-year value determined pursuant to paragraph (1) of subdivision (a) of Section 110.1 shall be conclusively presumed to be the base-year value unless an equalization application is filed no later than the regular filing period following the 1980 lien date. Once an application is filed, the base-year value determined pursuant to that application shall be conclusively presumed to be the base-year value for that assessment. (3) The base-year value determined pursuant to paragraph (2) of subdivision (a) of Section 110.1 shall be conclusively presumed to be the base-year value, unless an application for equalization is filed during the regular equalization period for the year in which the assessment is placed on the assessment roll or in any of the three succeeding years. Once an application is filed, the base-year value determined pursuant to that application shall be conclusively presumed to be the base-year value for that assessment. (4) The base-year value determined pursuant to Section 51.5 shall be conclusively presumed to be the base-year value unless an application for equalization is filed during the appropriate equalization period for the year in which the error is corrected or in any of the three succeeding years. Once an application is filed, the base-year value determined pursuant to that application shall be conclusively presumed to be the base-year value for that assessment. (5) Any reduction in assessment made as the result of an appeal  under   pursuant to  this section shall apply for the assessment year in which the appeal is taken and prospectively thereafter. (b) This section does not prohibit the filing of an application for appeal where a new value was placed on the roll pursuant to Section 51. (c) An application for equalization made pursuant to Section 620 or Section 1605 when determined, shall be conclusively presumed to be the base-year value in the same manner as provided herein.