Revenue and Taxation Code — Part 2 | RTC — United States — California law | Esheria

Revenue and Taxation Code

Part 2 of 36 · provisions 201–400

This section says the act is known as the Revenue and Taxation Code.

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About this statute

Starting in the 1995–96 fiscal year, county-assessed property rights or interests must be placed in a separate countywide tax rate area, and the tax rate is calculated using the rates from Section 100. This section suspends a specified California constitutional subparagraph for the 2009–10 fiscal year. This section requires the county auditor to reduce certain 2009–10 property tax apportionments, transfer the reduction amounts to a county fund, and report the calculations. It also lets the Director of Finance grant limited hardship relief, requires later state reimbursement, and allows mandamus if reimbursement is not made on time. This section sets how certain railroad property tax value and revenues must be allocated among tax rate areas, counties, school entities, and related jurisdictions. Supplemental property tax revenues for 1985–86 and later years must be apportioned using the current year’s property tax apportionment factors.

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Provisions of Revenue and Taxation Code

Showing 200 of 7,200

  1. 11472.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 6. PRIVATE RAILROAD CAR TAX [11201 - 11702] ( Heading of Part 6 amended by Stats. 1978, Ch. 1209. ) ## CHAPTER 4. Collection of Tax [11451 - 11534] ( Chapter 4 added by Stats. 1941, Ch. 41. ) ## ARTICLE 2. Suit for Tax [11471 - 11475] ( Article 2 added by Stats. 1941, Ch. 41. )

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    The Attorney General must prosecute the action, and Civil Procedure rules on summons, pleadings, proof, trials, and appeals apply to the proceedings.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 6. PRIVATE RAILROAD CAR TAX [11201 - 11702] ( Heading of Part 6 amended by Stats. 1978, Ch. 1209. ) ## CHAPTER 4. Collection of Tax [11451 - 11534] ( Chapter 4 added by Stats. 1941, Ch. 41. ) ## ARTICLE 2. Suit for Tax [11471 - 11475] ( Article 2 added by Stats. 1941, Ch. 41. ) ## 11472. The Attorney General shall prosecute the action, and the provisions of the Code of Civil Procedure relating to service of summons, pleadings, proofs, trials, and appeals are applicable to the proceedings. (Added by Stats. 1998, Ch. 695, Sec. 8. Effective January 1, 1999.)
  2. 11473.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 6. PRIVATE RAILROAD CAR TAX [11201 - 11702] ( Heading of Part 6 amended by Stats. 1978, Ch. 1209. ) ## CHAPTER 4. Collection of Tax [11451 - 11534] ( Chapter 4 added by Stats. 1941, Ch. 41. ) ## ARTICLE 2. Suit for Tax [11471 - 11475] ( Article 2 added by Stats. 1941, Ch. 41. )

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    In the action, a writ of attachment may be issued without making the showing required by Code of Civil Procedure section 485.010.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 6. PRIVATE RAILROAD CAR TAX [11201 - 11702] ( Heading of Part 6 amended by Stats. 1978, Ch. 1209. ) ## CHAPTER 4. Collection of Tax [11451 - 11534] ( Chapter 4 added by Stats. 1941, Ch. 41. ) ## ARTICLE 2. Suit for Tax [11471 - 11475] ( Article 2 added by Stats. 1941, Ch. 41. ) ## 11473. In the action a writ of attachment may be issued in the manner provided by Chapter 5 (commencing with Section 485.010) of Title 6.5 of Part 2 of the Code of Civil Procedure without the showing required by Section 485.010 of the Code of Civil Procedure. (Added by renumbering Section 11472 by Stats. 1998, Ch. 695, Sec. 9. Effective January 1, 1999.)
  3. 11474.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 6. PRIVATE RAILROAD CAR TAX [11201 - 11702] ( Heading of Part 6 amended by Stats. 1978, Ch. 1209. ) ## CHAPTER 4. Collection of Tax [11451 - 11534] ( Chapter 4 added by Stats. 1941, Ch. 41. ) ## ARTICLE 2. Suit for Tax [11471 - 11475] ( Article 2 added by Stats. 1941, Ch. 41. )

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    In a tax suit, a board certificate showing delinquency counts as prima facie evidence of the tax levy, the delinquency, the amounts of tax, interest, and penalties, and the board’s compliance with the assessment and levy rules.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 6. PRIVATE RAILROAD CAR TAX [11201 - 11702] ( Heading of Part 6 amended by Stats. 1978, Ch. 1209. ) ## CHAPTER 4. Collection of Tax [11451 - 11534] ( Chapter 4 added by Stats. 1941, Ch. 41. ) ## ARTICLE 2. Suit for Tax [11471 - 11475] ( Article 2 added by Stats. 1941, Ch. 41. ) ## 11474. In the action a certificate by the board showing the delinquency shall be prima facie evidence of the levy of the tax, of the delinquency of the amount of tax, interest, and penalties set forth in the certificate, and of compliance by the board with all provisions of this part in relation to the assessment of the property and computation and levy of the tax. (Added by renumbering Section 11473 by Stats. 1998, Ch. 695, Sec. 10. Effective January 1, 1999.)
  4. 11475.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 6. PRIVATE RAILROAD CAR TAX [11201 - 11702] ( Heading of Part 6 amended by Stats. 1978, Ch. 1209. ) ## CHAPTER 4. Collection of Tax [11451 - 11534] ( Chapter 4 added by Stats. 1941, Ch. 41. ) ## ARTICLE 2. Suit for Tax [11471 - 11475] ( Article 2 added by Stats. 1941, Ch. 41. )

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    In an action under this part, process may be served under the Code of Civil Procedure and Civil Code, or on an in-state agent or clerk of a private railroad car company at its place of business.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 6. PRIVATE RAILROAD CAR TAX [11201 - 11702] ( Heading of Part 6 amended by Stats. 1978, Ch. 1209. ) ## CHAPTER 4. Collection of Tax [11451 - 11534] ( Chapter 4 added by Stats. 1941, Ch. 41. ) ## ARTICLE 2. Suit for Tax [11471 - 11475] ( Article 2 added by Stats. 1941, Ch. 41. ) ## 11475. In any action brought under this part, process may be served according to the Code of Civil Procedure and the Civil Code or may be served upon any agent or clerk in this state employed by any private railroad car company in a place of business maintained by the private railroad car company in this state. In the latter case, a copy of the process shall be sent by registered mail to the private railroad car company at its principal or home office. (Added by Stats. 1998, Ch. 695, Sec. 11. Effective January 1, 1999.)
  5. 11491.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 6. PRIVATE RAILROAD CAR TAX [11201 - 11702] ( Heading of Part 6 amended by Stats. 1978, Ch. 1209. ) ## CHAPTER 4. Collection of Tax [11451 - 11534] ( Chapter 4 added by Stats. 1941, Ch. 41. ) ## ARTICLE 3. Lien of Tax [11491 - 11496] ( Article 3 added by Stats. 1941, Ch. 41. )

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    The tax, plus any interest and penalties, becomes a lien on the taxpayer’s private cars and other personal property, and on real property as provided in Section 11495.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 6. PRIVATE RAILROAD CAR TAX [11201 - 11702] ( Heading of Part 6 amended by Stats. 1978, Ch. 1209. ) ## CHAPTER 4. Collection of Tax [11451 - 11534] ( Chapter 4 added by Stats. 1941, Ch. 41. ) ## ARTICLE 3. Lien of Tax [11491 - 11496] ( Article 3 added by Stats. 1941, Ch. 41. ) ## 11491. The tax, together with the interest and penalties thereon, constitutes a lien upon, and has the effect of an execution duly levied against, all private cars and other personal property, belonging to or owned by the person against whom the tax is levied, and a lien upon all real property of said person as provided in Section 11495. (Amended by Stats. 1947, Ch. 860.)
  6. 11492.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 6. PRIVATE RAILROAD CAR TAX [11201 - 11702] ( Heading of Part 6 amended by Stats. 1978, Ch. 1209. ) ## CHAPTER 4. Collection of Tax [11451 - 11534] ( Chapter 4 added by Stats. 1941, Ch. 41. ) ## ARTICLE 3. Lien of Tax [11491 - 11496] ( Article 3 added by Stats. 1941, Ch. 41. )

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    The lien on personal property created by this part attaches at 12:01 a.m. on January 1 of each year for taxes, interest, and penalties to be levied during that year.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 6. PRIVATE RAILROAD CAR TAX [11201 - 11702] ( Heading of Part 6 amended by Stats. 1978, Ch. 1209. ) ## CHAPTER 4. Collection of Tax [11451 - 11534] ( Chapter 4 added by Stats. 1941, Ch. 41. ) ## ARTICLE 3. Lien of Tax [11491 - 11496] ( Article 3 added by Stats. 1941, Ch. 41. ) ## 11492. The lien upon personal property created by this part attaches as of 12:01 a.m. on the first day of January of each year with respect to taxes, together with the interest and penalties thereon, to be levied during the year. (Amended by Stats. 1982, Ch. 939, Sec. 2. Operative January 1, 1984, by Sec. 3 of Ch. 939.)
  7. 11493.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 6. PRIVATE RAILROAD CAR TAX [11201 - 11702] ( Heading of Part 6 amended by Stats. 1978, Ch. 1209. ) ## CHAPTER 4. Collection of Tax [11451 - 11534] ( Chapter 4 added by Stats. 1941, Ch. 41. ) ## ARTICLE 3. Lien of Tax [11491 - 11496] ( Article 3 added by Stats. 1941, Ch. 41. )

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    A personal property tax lien may not be removed until the tax, interest, and penalties are paid, or the property is sold to pay them.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 6. PRIVATE RAILROAD CAR TAX [11201 - 11702] ( Heading of Part 6 amended by Stats. 1978, Ch. 1209. ) ## CHAPTER 4. Collection of Tax [11451 - 11534] ( Chapter 4 added by Stats. 1941, Ch. 41. ) ## ARTICLE 3. Lien of Tax [11491 - 11496] ( Article 3 added by Stats. 1941, Ch. 41. ) ## 11493. The lien upon personal property shall not be removed until the tax, interest, and penalties are paid, or the property subject to the lien is sold in payment of the tax, interest, and penalties. (Amended by Stats. 1947, Ch. 860.)
  8. 11494.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 6. PRIVATE RAILROAD CAR TAX [11201 - 11702] ( Heading of Part 6 amended by Stats. 1978, Ch. 1209. ) ## CHAPTER 4. Collection of Tax [11451 - 11534] ( Chapter 4 added by Stats. 1941, Ch. 41. ) ## ARTICLE 3. Lien of Tax [11491 - 11496] ( Article 3 added by Stats. 1941, Ch. 41. )

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    The tax lien on personal property has priority over private liens, encumbrances, and the claims of conditional vendors or other holders of legal title for any private car assessed under this part.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 6. PRIVATE RAILROAD CAR TAX [11201 - 11702] ( Heading of Part 6 amended by Stats. 1978, Ch. 1209. ) ## CHAPTER 4. Collection of Tax [11451 - 11534] ( Chapter 4 added by Stats. 1941, Ch. 41. ) ## ARTICLE 3. Lien of Tax [11491 - 11496] ( Article 3 added by Stats. 1941, Ch. 41. ) ## 11494. The lien upon personal property is paramount to all private liens or encumbrances of whatever character, and to the rights of any conditional vendor or other holder of the legal title, in or to any private car assessed under this part. (Amended by Stats. 1947, Ch. 860.)
  9. 11495.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 6. PRIVATE RAILROAD CAR TAX [11201 - 11702] ( Heading of Part 6 amended by Stats. 1978, Ch. 1209. ) ## CHAPTER 4. Collection of Tax [11451 - 11534] ( Chapter 4 added by Stats. 1941, Ch. 41. ) ## ARTICLE 3. Lien of Tax [11491 - 11496] ( Article 3 added by Stats. 1941, Ch. 41. )

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    If an amount due under this part is unpaid, the board may file a certificate with the county recorder within four years, creating a lien on the liable person’s real property in the county.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 6. PRIVATE RAILROAD CAR TAX [11201 - 11702] ( Heading of Part 6 amended by Stats. 1978, Ch. 1209. ) ## CHAPTER 4. Collection of Tax [11451 - 11534] ( Chapter 4 added by Stats. 1941, Ch. 41. ) ## ARTICLE 3. Lien of Tax [11491 - 11496] ( Article 3 added by Stats. 1941, Ch. 41. ) ## 11495. If any amount required to be paid to the state under this part is not paid when due, the board may within four years after the amount is due file for record in the office of any county recorder a certificate specifying the amount, interest, and penalty due, the name and address as it appears on the records of the board of the person liable for the same, and the fact that the board has complied with all provisions of this part in the determination of the amount required to be paid. From the time of the filing for record, the amount required to be paid together with interest and penalty constitutes a lien upon all real property in the county owned by the person or afterwards and before the lien expires acquired by him. The lien has the force, effect, and priority of a judgment lien and shall continue for 10 years from the time of the filing of the certificate unless sooner released or otherwise discharged. The lien may, within 10 years from the date of the filing of the certificate or within 10 years from the date of the last extension of the lien in the manner herein provided, be extended by filing for record a new certificate in the office of the county recorder of any county and from the time of such filing the lien shall be extended to the real property in such county for 10 years unless sooner released or otherwise discharged. (Amended by Stats. 1974, Ch. 54.)
  10. 11496.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 6. PRIVATE RAILROAD CAR TAX [11201 - 11702] ( Heading of Part 6 amended by Stats. 1978, Ch. 1209. ) ## CHAPTER 4. Collection of Tax [11451 - 11534] ( Chapter 4 added by Stats. 1941, Ch. 41. ) ## ARTICLE 3. Lien of Tax [11491 - 11496] ( Article 3 added by Stats. 1941, Ch. 41. )

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    The board may release or subordinate part or all of the property subject to a lien if the tax amount, interest, and penalties are sufficiently secured or collection will not be jeopardized.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 6. PRIVATE RAILROAD CAR TAX [11201 - 11702] ( Heading of Part 6 amended by Stats. 1978, Ch. 1209. ) ## CHAPTER 4. Collection of Tax [11451 - 11534] ( Chapter 4 added by Stats. 1941, Ch. 41. ) ## ARTICLE 3. Lien of Tax [11491 - 11496] ( Article 3 added by Stats. 1941, Ch. 41. ) ## 11496. The board may at any time release all or any portion of the property subject to any lien provided for in this part from the lien or subordinate the lien to other liens and encumbrances if it determines that the amount, interest, and penalties are sufficiently secured by a lien on other property or that the release or subordination of the lien will not jeopardize the collection of the amount, interest, and penalties. (Added by Stats. 1947, Ch. 860.)
  11. 115.

    ## Revenue and Taxation Code - RTC ## DIVISION 1. PROPERTY TAXATION [50 - 5911] ( Division 1 enacted by Stats. 1939, Ch. 154. ) ## PART 1. GENERAL PROVISIONS [101 - 198.1] ( Part 1 enacted by Stats. 1939, Ch. 154. ) ## CHAPTER 1. Construction [101 - 136] ( Chapter 1 enacted by Stats. 1939, Ch. 154. )

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    For this code section, “interest” in property includes any legal or equitable interest.

    ## Revenue and Taxation Code - RTC ## DIVISION 1. PROPERTY TAXATION [50 - 5911] ( Division 1 enacted by Stats. 1939, Ch. 154. ) ## PART 1. GENERAL PROVISIONS [101 - 198.1] ( Part 1 enacted by Stats. 1939, Ch. 154. ) ## CHAPTER 1. Construction [101 - 136] ( Chapter 1 enacted by Stats. 1939, Ch. 154. ) ## 115. “Interest” in any property includes any legal or equitable interest. (Enacted by Stats. 1939, Ch. 154.)
  12. 1150.

    ## Revenue and Taxation Code - RTC ## DIVISION 1. PROPERTY TAXATION [50 - 5911] ( Division 1 enacted by Stats. 1939, Ch. 154. ) ## PART 2. ASSESSMENT [201 - 1367] ( Part 2 enacted by Stats. 1939, Ch. 154. ) ## CHAPTER 5. Special Types of Property [982 - 1162] ( Chapter 5 enacted by Stats. 1939, Ch. 154. ) ## ARTICLE 6. Certificated Aircraft [1150 - 1157] ( Article 6 added by Stats. 1968, Ch. 1306. )

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    This section defines “certificated aircraft” for this article.

    ## Revenue and Taxation Code - RTC ## DIVISION 1. PROPERTY TAXATION [50 - 5911] ( Division 1 enacted by Stats. 1939, Ch. 154. ) ## PART 2. ASSESSMENT [201 - 1367] ( Part 2 enacted by Stats. 1939, Ch. 154. ) ## CHAPTER 5. Special Types of Property [982 - 1162] ( Chapter 5 enacted by Stats. 1939, Ch. 154. ) ## ARTICLE 6. Certificated Aircraft [1150 - 1157] ( Article 6 added by Stats. 1968, Ch. 1306. ) ## 1150. As used in this article, “certificated aircraft” means aircraft operated by an air carrier or foreign air carrier engaged in air transportation, as defined in Section 40102(a)(2), (5), (6), and (21) of Title 49 of the United States Code, while there is in force a certificate or permit issued by the Federal Aviation Administration, or its successor, authorizing such air carrier to engage in such transportation. (Amended by Stats. 2011, Ch. 351, Sec. 15. (SB 947) Effective January 1, 2012.)
  13. 11501.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 6. PRIVATE RAILROAD CAR TAX [11201 - 11702] ( Heading of Part 6 amended by Stats. 1978, Ch. 1209. ) ## CHAPTER 4. Collection of Tax [11451 - 11534] ( Chapter 4 added by Stats. 1941, Ch. 41. ) ## ARTICLE 4. Warrant for Collection of Tax [11501 - 11503] ( Article 4 added by Stats. 1987, Ch. 498, Sec. 18. )

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    The board or its authorized representative may issue a warrant to collect unpaid amounts and enforce liens within the stated time limits.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 6. PRIVATE RAILROAD CAR TAX [11201 - 11702] ( Heading of Part 6 amended by Stats. 1978, Ch. 1209. ) ## CHAPTER 4. Collection of Tax [11451 - 11534] ( Chapter 4 added by Stats. 1941, Ch. 41. ) ## ARTICLE 4. Warrant for Collection of Tax [11501 - 11503] ( Article 4 added by Stats. 1987, Ch. 498, Sec. 18. ) ## 11501. At any time within four years after any person is delinquent in the payment of any amount herein required to be paid, or within 10 years after the last recording of an abstract under Section 11495 or the last recording or filing of a notice of state tax lien under Section 7171 of the Government Code, the board or its authorized representative may issue a warrant for the enforcement of any liens and for the collection of any amount required to be paid to the state under this part. The warrant shall be directed to any sheriff or marshal and shall have the same effect as a writ of execution. The warrant shall be levied and sale made pursuant to it in the same manner and with the same effect as a levy of and a sale pursuant to a writ of execution. (Amended by Stats. 1996, Ch. 872, Sec. 147. Effective January 1, 1997.)
  14. 11502.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 6. PRIVATE RAILROAD CAR TAX [11201 - 11702] ( Heading of Part 6 amended by Stats. 1978, Ch. 1209. ) ## CHAPTER 4. Collection of Tax [11451 - 11534] ( Chapter 4 added by Stats. 1941, Ch. 41. ) ## ARTICLE 4. Warrant for Collection of Tax [11501 - 11503] ( Article 4 added by Stats. 1987, Ch. 498, Sec. 18. )

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    The board may pay or advance certain fees, commissions, and expenses to the sheriff or marshal, and the board—not the court—must approve newspaper publication fees.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 6. PRIVATE RAILROAD CAR TAX [11201 - 11702] ( Heading of Part 6 amended by Stats. 1978, Ch. 1209. ) ## CHAPTER 4. Collection of Tax [11451 - 11534] ( Chapter 4 added by Stats. 1941, Ch. 41. ) ## ARTICLE 4. Warrant for Collection of Tax [11501 - 11503] ( Article 4 added by Stats. 1987, Ch. 498, Sec. 18. ) ## 11502. The board may pay or advance to the sheriff or marshal, the same fees, commissions, and expenses for his or her services as are provided by law for similar services pursuant to a writ of execution. The board, and not the court, shall approve the fees for publication in a newspaper. (Amended by Stats. 1996, Ch. 872, Sec. 148. Effective January 1, 1997.)
  15. 11503.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 6. PRIVATE RAILROAD CAR TAX [11201 - 11702] ( Heading of Part 6 amended by Stats. 1978, Ch. 1209. ) ## CHAPTER 4. Collection of Tax [11451 - 11534] ( Chapter 4 added by Stats. 1941, Ch. 41. ) ## ARTICLE 4. Warrant for Collection of Tax [11501 - 11503] ( Article 4 added by Stats. 1987, Ch. 498, Sec. 18. )

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    A person required to pay any amount under this part must also pay the related fees, commissions, and expenses.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 6. PRIVATE RAILROAD CAR TAX [11201 - 11702] ( Heading of Part 6 amended by Stats. 1978, Ch. 1209. ) ## CHAPTER 4. Collection of Tax [11451 - 11534] ( Chapter 4 added by Stats. 1941, Ch. 41. ) ## ARTICLE 4. Warrant for Collection of Tax [11501 - 11503] ( Article 4 added by Stats. 1987, Ch. 498, Sec. 18. ) ## 11503. The fees, commissions, and expenses are the obligation of the person required to pay any amount under this part and may be collected from him or her by virtue of the warrant or in any other manner provided in this part for the collection of the tax. (Added by Stats. 1987, Ch. 498, Sec. 18.)
  16. 1151.

    ## Revenue and Taxation Code - RTC ## DIVISION 1. PROPERTY TAXATION [50 - 5911] ( Division 1 enacted by Stats. 1939, Ch. 154. ) ## PART 2. ASSESSMENT [201 - 1367] ( Part 2 enacted by Stats. 1939, Ch. 154. ) ## CHAPTER 5. Special Types of Property [982 - 1162] ( Chapter 5 enacted by Stats. 1939, Ch. 154. ) ## ARTICLE 6. Certificated Aircraft [1150 - 1157] ( Article 6 added by Stats. 1968, Ch. 1306. )

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    Certificated aircraft are treated as situated in this state only to the extent they are normally physically present here, and Section 1152’s allocation formula must be used to determine that extent for property tax purposes.

    ## Revenue and Taxation Code - RTC ## DIVISION 1. PROPERTY TAXATION [50 - 5911] ( Division 1 enacted by Stats. 1939, Ch. 154. ) ## PART 2. ASSESSMENT [201 - 1367] ( Part 2 enacted by Stats. 1939, Ch. 154. ) ## CHAPTER 5. Special Types of Property [982 - 1162] ( Chapter 5 enacted by Stats. 1939, Ch. 154. ) ## ARTICLE 6. Certificated Aircraft [1150 - 1157] ( Article 6 added by Stats. 1968, Ch. 1306. ) ## 1151. Certificated aircraft shall be deemed to be situated in this state only to the extent that such aircraft are normally physically present within the state, whether in flight or on the ground. To determine such extent for purposes of property taxation, the allocation formula specified by Section 1152 shall be applied. (Added by Stats. 1968, Ch. 1306.)
  17. 11511.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 6. PRIVATE RAILROAD CAR TAX [11201 - 11702] ( Heading of Part 6 amended by Stats. 1978, Ch. 1209. ) ## CHAPTER 4. Collection of Tax [11451 - 11534] ( Chapter 4 added by Stats. 1941, Ch. 41. ) ## ARTICLE 5. Seizure and Sale [11511 - 11514] ( Article 5 added by Stats. 1987, Ch. 498, Sec. 19. )

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    The board may collect a delinquent amount by seizing and selling the person’s property at public auction within four years after delinquency.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 6. PRIVATE RAILROAD CAR TAX [11201 - 11702] ( Heading of Part 6 amended by Stats. 1978, Ch. 1209. ) ## CHAPTER 4. Collection of Tax [11451 - 11534] ( Chapter 4 added by Stats. 1941, Ch. 41. ) ## ARTICLE 5. Seizure and Sale [11511 - 11514] ( Article 5 added by Stats. 1987, Ch. 498, Sec. 19. ) ## 11511. At any time within four years after any person is delinquent in the payment of any amount, the board may forthwith collect the amount by its seizure of any property, real or personal, of the person and its sale of that property, or a sufficient part of it, at public auction to pay the amount due together with any interest or penalties imposed for the delinquency and any costs incurred on account of the seizure and sale. (Added by Stats. 1987, Ch. 498, Sec. 19.)
  18. 11512.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 6. PRIVATE RAILROAD CAR TAX [11201 - 11702] ( Heading of Part 6 amended by Stats. 1978, Ch. 1209. ) ## CHAPTER 4. Collection of Tax [11451 - 11534] ( Chapter 4 added by Stats. 1941, Ch. 41. ) ## ARTICLE 5. Seizure and Sale [11511 - 11514] ( Article 5 added by Stats. 1987, Ch. 498, Sec. 19. )

    Verify source ↗

    Before a tax sale, notice of the sale, time, and place must be given at least 20 days in advance, and the notice must include key sale and debt details.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 6. PRIVATE RAILROAD CAR TAX [11201 - 11702] ( Heading of Part 6 amended by Stats. 1978, Ch. 1209. ) ## CHAPTER 4. Collection of Tax [11451 - 11534] ( Chapter 4 added by Stats. 1941, Ch. 41. ) ## ARTICLE 5. Seizure and Sale [11511 - 11514] ( Article 5 added by Stats. 1987, Ch. 498, Sec. 19. ) ## 11512. Notice of the sale and the time and place thereof shall be given to the delinquent person and to all persons who have an interest of record in writing at least 20 days before the date set for the sale in the following manner: The notice shall be personally served or enclosed in an envelope addressed to the taxpayer or other person at his or her last known address or place of business in this state. If not personally served, the notice shall be deposited in the United States mail, postage prepaid. The notice shall be published pursuant to Section 6063 of the Government Code, in a newspaper of general circulation published in the city in which the property or a part thereof is situated if any part thereof is situated in a city or, if not, in a newspaper of general circulation published in the county in which the property or a part thereof is located. Notice shall also be posted in both of the following manners: (a) One public place in the city in which the interest in property is to be sold if it is to be sold in a city or, if not to be sold in a city, one public place in the county in which the interest in the property is to be sold. (b) One conspicuous place on the property. The notice shall contain a description of the property to be sold, a statement of the amount due, including taxes, interest, penalties, and costs, the name of the delinquent, and the further statement that unless the amount due is paid on or before the time fixed in the notice for the sale, the property, or so much of it as may be necessary, will be sold in accordance with law and the notice. (Amended by Stats. 1990, Ch. 1528, Sec. 11.)
  19. 11513.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 6. PRIVATE RAILROAD CAR TAX [11201 - 11702] ( Heading of Part 6 amended by Stats. 1978, Ch. 1209. ) ## CHAPTER 4. Collection of Tax [11451 - 11534] ( Chapter 4 added by Stats. 1941, Ch. 41. ) ## ARTICLE 5. Seizure and Sale [11511 - 11514] ( Article 5 added by Stats. 1987, Ch. 498, Sec. 19. )

    Verify source ↗

    At the sale, the board must sell the property according to law and the notice, and must give the purchaser the proper bill of sale or deed.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 6. PRIVATE RAILROAD CAR TAX [11201 - 11702] ( Heading of Part 6 amended by Stats. 1978, Ch. 1209. ) ## CHAPTER 4. Collection of Tax [11451 - 11534] ( Chapter 4 added by Stats. 1941, Ch. 41. ) ## ARTICLE 5. Seizure and Sale [11511 - 11514] ( Article 5 added by Stats. 1987, Ch. 498, Sec. 19. ) ## 11513. At the sale the board shall sell the property in accordance with law and the notice, and shall deliver to the purchaser a bill of sale for the personal property and a deed for any real property sold. The bill of sale or deed vests the interest or title of the person liable for the amount in the purchaser. The unsold portion of any property seized may be left at the place of sale at the risk of the person liable for the amount. (Added by Stats. 1987, Ch. 498, Sec. 19.)
  20. 11514.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 6. PRIVATE RAILROAD CAR TAX [11201 - 11702] ( Heading of Part 6 amended by Stats. 1978, Ch. 1209. ) ## CHAPTER 4. Collection of Tax [11451 - 11534] ( Chapter 4 added by Stats. 1941, Ch. 41. ) ## ARTICLE 5. Seizure and Sale [11511 - 11514] ( Article 5 added by Stats. 1987, Ch. 498, Sec. 19. )

    Verify source ↗

    If a sale produces excess money over amounts owed to the state, the board must return it to the person liable, unless a lienholder notice requires the board to hold the money for a court decision or the person’s receipt is unavailable.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 6. PRIVATE RAILROAD CAR TAX [11201 - 11702] ( Heading of Part 6 amended by Stats. 1978, Ch. 1209. ) ## CHAPTER 4. Collection of Tax [11451 - 11534] ( Chapter 4 added by Stats. 1941, Ch. 41. ) ## ARTICLE 5. Seizure and Sale [11511 - 11514] ( Article 5 added by Stats. 1987, Ch. 498, Sec. 19. ) ## 11514. If upon the sale the moneys received exceed the total of all amounts, including interest, penalties, and costs due the state, the board shall return the excess to the person liable for the amounts and obtain that person’s receipt. If any person having an interest in or lien upon the property files with the board prior to the sale notice of his or her interest or lien, the board shall withhold any excess pending a determination of the rights of the respective parties thereto by a court of competent jurisdiction. If for any reason the receipt of the person liable for the amount is not available, the board shall deposit the excess moneys with the Treasurer, as trustee for the owner, subject to the order of the person liable for the amount, or that person’s heirs, successors, or assigns. (Added by Stats. 1987, Ch. 498, Sec. 19.)
  21. 11521.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 6. PRIVATE RAILROAD CAR TAX [11201 - 11702] ( Heading of Part 6 amended by Stats. 1978, Ch. 1209. ) ## CHAPTER 4. Collection of Tax [11451 - 11534] ( Chapter 4 added by Stats. 1941, Ch. 41. ) ## ARTICLE 6. Payment on Termination of Business and Successor’s Liability [11521 - 11524] ( Article 6 added by Stats. 1987, Ch. 498, Sec. 20. )

    Verify source ↗

    When a person owing tax under this part sells or quits the business, the successors or assigns must hold back enough of the purchase price to cover the tax until the former owner shows proof of payment or a no-due certificate from the board.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 6. PRIVATE RAILROAD CAR TAX [11201 - 11702] ( Heading of Part 6 amended by Stats. 1978, Ch. 1209. ) ## CHAPTER 4. Collection of Tax [11451 - 11534] ( Chapter 4 added by Stats. 1941, Ch. 41. ) ## ARTICLE 6. Payment on Termination of Business and Successor’s Liability [11521 - 11524] ( Article 6 added by Stats. 1987, Ch. 498, Sec. 20. ) ## 11521. If any person liable for any amount under this part sells his or her business or quits the business, the person’s successors or assigns shall withhold a sufficient amount of the purchase price to cover the amount due until the former owner produces a receipt from the board showing that it has been paid or a certificate stating that no amount is due. (Added by Stats. 1987, Ch. 498, Sec. 20.)
  22. 11522.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 6. PRIVATE RAILROAD CAR TAX [11201 - 11702] ( Heading of Part 6 amended by Stats. 1978, Ch. 1209. ) ## CHAPTER 4. Collection of Tax [11451 - 11534] ( Chapter 4 added by Stats. 1941, Ch. 41. ) ## ARTICLE 6. Payment on Termination of Business and Successor’s Liability [11521 - 11524] ( Article 6 added by Stats. 1987, Ch. 498, Sec. 20. )

    Verify source ↗

    A business purchaser who fails to withhold enough of the purchase price can be personally liable, and the tax board must issue a certificate or mail notice within stated deadlines.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 6. PRIVATE RAILROAD CAR TAX [11201 - 11702] ( Heading of Part 6 amended by Stats. 1978, Ch. 1209. ) ## CHAPTER 4. Collection of Tax [11451 - 11534] ( Chapter 4 added by Stats. 1941, Ch. 41. ) ## ARTICLE 6. Payment on Termination of Business and Successor’s Liability [11521 - 11524] ( Article 6 added by Stats. 1987, Ch. 498, Sec. 20. ) ## 11522. If the purchaser of a business fails to withhold a sufficient amount of the purchase price as required, the purchaser becomes personally liable for the payment of the amount required to be withheld by him or her to the extent of the purchase price, valued in money. Within 60 days after receiving a written request from the purchaser for a certificate, or within 60 days from the date the former owner’s records are made available for audit, whichever period expires later, but in any event not later than 90 days after receiving the request, or 90 days from the date of the sale of the business, whichever period expires later, the board shall either issue the certificate or mail notice to the purchaser, at his or her address as it appears on the records of the board, of the amount that must be paid as a condition of issuing the certificate. Failure of the board to mail the notice will release the purchaser from any further obligation to withhold from the purchase price as provided in this article. The last date upon which the obligation of the successor may be enforced shall be not later than three years after the date the board is notified of the purchase of the business. (Amended by Stats. 1991, Ch. 236, Sec. 14. Effective July 29, 1991.)
  23. 11523.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 6. PRIVATE RAILROAD CAR TAX [11201 - 11702] ( Heading of Part 6 amended by Stats. 1978, Ch. 1209. ) ## CHAPTER 4. Collection of Tax [11451 - 11534] ( Chapter 4 added by Stats. 1941, Ch. 41. ) ## ARTICLE 6. Payment on Termination of Business and Successor’s Liability [11521 - 11524] ( Article 6 added by Stats. 1987, Ch. 498, Sec. 20. )

    Verify source ↗

    A certificate may be issued only after all amounts due under this part are paid, or the payment is secured to the board’s satisfaction.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 6. PRIVATE RAILROAD CAR TAX [11201 - 11702] ( Heading of Part 6 amended by Stats. 1978, Ch. 1209. ) ## CHAPTER 4. Collection of Tax [11451 - 11534] ( Chapter 4 added by Stats. 1941, Ch. 41. ) ## ARTICLE 6. Payment on Termination of Business and Successor’s Liability [11521 - 11524] ( Article 6 added by Stats. 1987, Ch. 498, Sec. 20. ) ## 11523. The certificate may be issued after the payment of all amounts due under this part, according to the records of the board as of the date of the certificate, or after the payment of the amounts is secured to the satisfaction of the board. (Added by Stats. 1987, Ch. 498, Sec. 20.)
  24. 11524.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 6. PRIVATE RAILROAD CAR TAX [11201 - 11702] ( Heading of Part 6 amended by Stats. 1978, Ch. 1209. ) ## CHAPTER 4. Collection of Tax [11451 - 11534] ( Chapter 4 added by Stats. 1941, Ch. 41. ) ## ARTICLE 6. Payment on Termination of Business and Successor’s Liability [11521 - 11524] ( Article 6 added by Stats. 1987, Ch. 498, Sec. 20. )

    Verify source ↗

    A successor’s liability is enforced by serving a notice of successor liability, and the notice must be served within three years after the board is notified of the business purchase.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 6. PRIVATE RAILROAD CAR TAX [11201 - 11702] ( Heading of Part 6 amended by Stats. 1978, Ch. 1209. ) ## CHAPTER 4. Collection of Tax [11451 - 11534] ( Chapter 4 added by Stats. 1941, Ch. 41. ) ## ARTICLE 6. Payment on Termination of Business and Successor’s Liability [11521 - 11524] ( Article 6 added by Stats. 1987, Ch. 498, Sec. 20. ) ## 11524. The obligation of the successor shall be enforced by serving a notice of successor liability on the person. The notice shall be served in the manner prescribed for service of a notice of assessment, not later than three years after the date the board is notified of the purchase of the business. The successor may petition for reconsideration in the manner provided in Article 5 (commencing with Section 11336) of Chapter 2. The notice shall become final and the amount due and payable in the manner provided in that article except that no additional penalty shall apply if not paid when due and payable. The provisions of this chapter with respect to the collection of any amount required to be paid under this part shall apply when the notice becomes final. (Amended by Stats. 1991, Ch. 236, Sec. 15. Effective July 29, 1991.)
  25. 1153.5.

    ## Revenue and Taxation Code - RTC ## DIVISION 1. PROPERTY TAXATION [50 - 5911] ( Division 1 enacted by Stats. 1939, Ch. 154. ) ## PART 2. ASSESSMENT [201 - 1367] ( Part 2 enacted by Stats. 1939, Ch. 154. ) ## CHAPTER 5. Special Types of Property [982 - 1162] ( Chapter 5 enacted by Stats. 1939, Ch. 154. ) ## ARTICLE 6. Certificated Aircraft [1150 - 1157] ( Article 6 added by Stats. 1968, Ch. 1306. )

    Verify source ↗

    This section assigns county-assessment roles for certificated aircraft of commercial air carriers and sets timing for designation, redesignation, notice, and centralized audits.

    ## Revenue and Taxation Code - RTC ## DIVISION 1. PROPERTY TAXATION [50 - 5911] ( Division 1 enacted by Stats. 1939, Ch. 154. ) ## PART 2. ASSESSMENT [201 - 1367] ( Part 2 enacted by Stats. 1939, Ch. 154. ) ## CHAPTER 5. Special Types of Property [982 - 1162] ( Chapter 5 enacted by Stats. 1939, Ch. 154. ) ## ARTICLE 6. Certificated Aircraft [1150 - 1157] ( Article 6 added by Stats. 1968, Ch. 1306. ) ## 1153.5. (a) The Aircraft Advisory Subcommittee of the California Assessors’ Association shall, after soliciting input from commercial air carriers operating in the state, do both of the following: (1) On or before March 1, 2020, and on or before each March 1 thereafter, designate a lead county assessor’s office for each commercial air carrier operating certificated aircraft in this state in that assessment year. (2) Every third year thereafter, redesignate a lead county assessor’s office for each of these air carriers, unless an air carrier and its existing lead county assessor’s office concur to waive this redesignation. (b) The lead county assessor’s office described in subdivision (a) shall do all of the following: (1) Calculate an unallocated value of the certificated aircraft of each commercial air carrier to which that assessor is designated. (2) Electronically transmit to the assessor of each county in which the property described in paragraph (1) has situs for the assessment year the values determined by the lead county assessor’s office under paragraph (1). (3) Receive the property statement, as described in subdivision (m) of Section 441, of each commercial air carrier to which the assessor is designated. (4) Receive and electronically transmit to the assessor of each affected county flight data received pursuant to paragraph (3) of subdivision (m) of Section 441. (5) Lead the audit team described in subdivision (d) when that team is conducting an audit of a commercial air carrier to which the assessor is designated. (6) Notify, in writing, each commercial air carrier for which the assessor has been designated of this designation on or before the first March 15 that follows that designation. (c) (1) Notwithstanding subdivision (b), the county assessor of each county in which the personal property of a commercial air carrier has situs for an assessment year is solely responsible for assessing that property, applying the allocation formula set forth in Section 1152, and enrolling the value of the property in that county, but, in determining the allocated fleet value for each make, model, and series of certificated aircraft of a commercial air carrier, the assessor may consult with the lead county assessor’s office designated for that commercial air carrier. (2) The lead county assessor’s office is subject to Section 322 of Title 18 of the California Code of Regulations and Sections 408, 451, and 1606 to the same extent as the assessor described in paragraph (1). (d) (1) Notwithstanding Section 469, an audit of a commercial air carrier shall be conducted once every four years on a centralized basis by an audit team of auditor-appraisers from at least one, but not more than three, counties, as determined by the Aircraft Advisory Subcommittee of the California Assessors’ Association. An audit, so conducted, shall encompass all of the California Personal Property and fixtures of the air carrier and is deemed to be made on behalf of each county for which an audit would otherwise be required under Section 469. (2) The audit team described in paragraph (1) shall do both of the following: (A) Be the point of contact for all aircraft-related questions to or from each county and the commercial air carrier. (B) Ensure that all aircraft-related concerns regarding the taxable value of the aircraft and aircraft parts are resolved with each county before finalizing the aircraft assessment with the commercial air carrier. (Added by Stats. 2019, Ch. 333, Sec. 5. (SB 791) Effective September 20, 2019.)
  26. 11531.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 6. PRIVATE RAILROAD CAR TAX [11201 - 11702] ( Heading of Part 6 amended by Stats. 1978, Ch. 1209. ) ## CHAPTER 4. Collection of Tax [11451 - 11534] ( Chapter 4 added by Stats. 1941, Ch. 41. ) ## ARTICLE 7. Miscellaneous Provisions [11531 - 11534] ( Article 7 added by Stats. 1987, Ch. 498, Sec. 21. )

    Verify source ↗

    The state’s remedies under this chapter are cumulative, and action by the board or Attorney General does not waive any other available remedy.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 6. PRIVATE RAILROAD CAR TAX [11201 - 11702] ( Heading of Part 6 amended by Stats. 1978, Ch. 1209. ) ## CHAPTER 4. Collection of Tax [11451 - 11534] ( Chapter 4 added by Stats. 1941, Ch. 41. ) ## ARTICLE 7. Miscellaneous Provisions [11531 - 11534] ( Article 7 added by Stats. 1987, Ch. 498, Sec. 21. ) ## 11531. The remedies of the state provided for in this chapter are cumulative, and no action taken by the board or Attorney General constitutes an election by the state to pursue any remedy to the exclusion of any other remedy for which provision is made in this part. (Added by Stats. 1987, Ch. 498, Sec. 21.)
  27. 11532.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 6. PRIVATE RAILROAD CAR TAX [11201 - 11702] ( Heading of Part 6 amended by Stats. 1978, Ch. 1209. ) ## CHAPTER 4. Collection of Tax [11451 - 11534] ( Chapter 4 added by Stats. 1941, Ch. 41. ) ## ARTICLE 7. Miscellaneous Provisions [11531 - 11534] ( Article 7 added by Stats. 1987, Ch. 498, Sec. 21. )

    Verify source ↗

    In proceedings under this chapter, the board may act on behalf of the people of the State of California.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 6. PRIVATE RAILROAD CAR TAX [11201 - 11702] ( Heading of Part 6 amended by Stats. 1978, Ch. 1209. ) ## CHAPTER 4. Collection of Tax [11451 - 11534] ( Chapter 4 added by Stats. 1941, Ch. 41. ) ## ARTICLE 7. Miscellaneous Provisions [11531 - 11534] ( Article 7 added by Stats. 1987, Ch. 498, Sec. 21. ) ## 11532. In all proceedings under this chapter the board may act on behalf of the people of the State of California. (Added by Stats. 1987, Ch. 498, Sec. 21.)
  28. 11533.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 6. PRIVATE RAILROAD CAR TAX [11201 - 11702] ( Heading of Part 6 amended by Stats. 1978, Ch. 1209. ) ## CHAPTER 4. Collection of Tax [11451 - 11534] ( Chapter 4 added by Stats. 1941, Ch. 41. ) ## ARTICLE 7. Miscellaneous Provisions [11531 - 11534] ( Article 7 added by Stats. 1987, Ch. 498, Sec. 21. )

    Verify source ↗

    If a corporate business ends or is abandoned, certain responsible officers or other persons can be held personally liable for unpaid taxes, interest, and penalties if they willfully fail to pay or arrange payment.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 6. PRIVATE RAILROAD CAR TAX [11201 - 11702] ( Heading of Part 6 amended by Stats. 1978, Ch. 1209. ) ## CHAPTER 4. Collection of Tax [11451 - 11534] ( Chapter 4 added by Stats. 1941, Ch. 41. ) ## ARTICLE 7. Miscellaneous Provisions [11531 - 11534] ( Article 7 added by Stats. 1987, Ch. 498, Sec. 21. ) ## 11533. (a) Upon termination, dissolution, or abandonment of a corporate business, any officer or other person who has control or supervision of or is charged with the responsibility for the filing of returns or the payment of tax, or who is under a duty to act for the corporation in complying with any requirement of this part, shall be personally liable for any unpaid taxes and interest and penalties on those taxes, if that officer or other person willfully fails to pay or to cause to be paid any taxes due from the corporation pursuant to this part. (b) The officer or other person shall be liable only for taxes which became due during the period he or she had the control, supervision, responsibility, or duty to act for the corporation described in subdivision (a), plus interest and penalties on those taxes. (c) For purposes of this section, “willfully fails to pay or cause to be paid” means that the failure was the result of an intentional, conscious, and voluntary course of action. (d) The sum due for the liability under this section may be collected by determination and collection in the manner provided in Chapter 2 (commencing with Section 11251) and Chapter 3 (commencing with Section 11401). (Added by Stats. 1987, Ch. 498, Sec. 21.)
  29. 11534.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 6. PRIVATE RAILROAD CAR TAX [11201 - 11702] ( Heading of Part 6 amended by Stats. 1978, Ch. 1209. ) ## CHAPTER 4. Collection of Tax [11451 - 11534] ( Chapter 4 added by Stats. 1941, Ch. 41. ) ## ARTICLE 7. Miscellaneous Provisions [11531 - 11534] ( Article 7 added by Stats. 1987, Ch. 498, Sec. 21. )

    Verify source ↗

    The board may impose a collection cost recovery fee on a person who fails to pay amounts due under this part, if the required demand notice was mailed and warned of collection action. A person can be relieved of the fee if the board finds reasonable cause and related conditions, and a relief request must be filed under penalty of perjury.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 6. PRIVATE RAILROAD CAR TAX [11201 - 11702] ( Heading of Part 6 amended by Stats. 1978, Ch. 1209. ) ## CHAPTER 4. Collection of Tax [11451 - 11534] ( Chapter 4 added by Stats. 1941, Ch. 41. ) ## ARTICLE 7. Miscellaneous Provisions [11531 - 11534] ( Article 7 added by Stats. 1987, Ch. 498, Sec. 21. ) ## 11534. (a) A collection cost recovery fee shall be imposed on any person that fails to pay an amount of tax, interest, penalty, or other amount due and payable under this part. The collection cost recovery fee shall be in an amount equal to the board’s costs for collection, as reasonably determined by the board. The collection cost recovery fee shall be imposed only if the board has mailed its demand notice, to that person for payment, that advises that continued failure to pay the amount due may result in collection action, including the imposition of a collection cost recovery fee. (b) Interest shall not accrue with respect to the collection cost recovery fee provided by this section. (c) The collection cost recovery fee imposed pursuant to this section shall be collected in the same manner as the collection of any other tax imposed by this part. (d) (1) If the board finds that a person’s failure to pay any amount under this part is due to reasonable cause and circumstances beyond the person’s control, and occurred notwithstanding the exercise of ordinary care and the absence of willful neglect, the person shall be relieved of the collection cost recovery fee provided by this section. (2) Any person seeking to be relieved of the collection cost recovery fee shall file with the board a statement under penalty of perjury setting forth the facts upon which the person bases the claim for relief. (e) Subdivision (a) shall be operative with respect to a demand notice for payment which is mailed on or after January 1, 2011. (f) Collection cost recovery fee revenues shall be deposited in the same manner as revenues derived from any other tax imposed by this part. (Added by Stats. 2010, Ch. 721, Sec. 8. (SB 858) Effective October 19, 2010.)
  30. 1154.

    ## Revenue and Taxation Code - RTC ## DIVISION 1. PROPERTY TAXATION [50 - 5911] ( Division 1 enacted by Stats. 1939, Ch. 154. ) ## PART 2. ASSESSMENT [201 - 1367] ( Part 2 enacted by Stats. 1939, Ch. 154. ) ## CHAPTER 5. Special Types of Property [982 - 1162] ( Chapter 5 enacted by Stats. 1939, Ch. 154. ) ## ARTICLE 6. Certificated Aircraft [1150 - 1157] ( Article 6 added by Stats. 1968, Ch. 1306. )

    Verify source ↗

    This section defines “air taxi” and sets how air taxis are assessed and taxed.

    ## Revenue and Taxation Code - RTC ## DIVISION 1. PROPERTY TAXATION [50 - 5911] ( Division 1 enacted by Stats. 1939, Ch. 154. ) ## PART 2. ASSESSMENT [201 - 1367] ( Part 2 enacted by Stats. 1939, Ch. 154. ) ## CHAPTER 5. Special Types of Property [982 - 1162] ( Chapter 5 enacted by Stats. 1939, Ch. 154. ) ## ARTICLE 6. Certificated Aircraft [1150 - 1157] ( Article 6 added by Stats. 1968, Ch. 1306. ) ## 1154. (a) As used in this section, “air taxi” means aircraft used by an air carrier which does not utilize aircraft having a maximum passenger capacity of more than 60 seats or a maximum payload capacity of more than 18,000 pounds in air transportation and which holds a certificate of public convenience and necessity or other economic authority issued by the United States Department of Transportation, or its successor. (b) Air taxis which are operated in scheduled air taxi operations are not subject to the provisions of Part 10 (commencing with Section 5301) of this division and shall be assessed in accordance with the allocation formula set forth in Section 1152. (c) All other air taxis shall be assessed in the county where the aircraft is habitually situated in the same manner and at the same ratio as other personal property in the county subject to general property taxation. Such aircraft shall be taxed at the same rate and in the same manner as all other property on the unsecured roll. (Amended by Stats. 2012, Ch. 362, Sec. 1. (AB 2688) Effective January 1, 2013.)
  31. 1155.

    ## Revenue and Taxation Code - RTC ## DIVISION 1. PROPERTY TAXATION [50 - 5911] ( Division 1 enacted by Stats. 1939, Ch. 154. ) ## PART 2. ASSESSMENT [201 - 1367] ( Part 2 enacted by Stats. 1939, Ch. 154. ) ## CHAPTER 5. Special Types of Property [982 - 1162] ( Chapter 5 enacted by Stats. 1939, Ch. 154. ) ## ARTICLE 6. Certificated Aircraft [1150 - 1157] ( Article 6 added by Stats. 1968, Ch. 1306. )

    Verify source ↗

    Certificated aircraft are treated as situated only in taxing agencies where they regularly make physical contact enough to allow taxation, and in-state flight time is allocated under the listed rules.

    ## Revenue and Taxation Code - RTC ## DIVISION 1. PROPERTY TAXATION [50 - 5911] ( Division 1 enacted by Stats. 1939, Ch. 154. ) ## PART 2. ASSESSMENT [201 - 1367] ( Part 2 enacted by Stats. 1939, Ch. 154. ) ## CHAPTER 5. Special Types of Property [982 - 1162] ( Chapter 5 enacted by Stats. 1939, Ch. 154. ) ## ARTICLE 6. Certificated Aircraft [1150 - 1157] ( Article 6 added by Stats. 1968, Ch. 1306. ) ## 1155. For purposes of Section 404, certificated aircraft shall be deemed to be situated only in those taxing agencies in which the aircraft normally make physical contact with sufficient regularity to entitle such agencies to tax the aircraft under the laws and Constitution of the United States. Flight time within the state shall be allocated as follows: (a) If the aircraft takes off in one taxing agency which is entitled to tax (within the meaning of the preceding sentence) and lands in another agency which is entitled to tax, the flight time between such taxing agencies shall be allocated one-half to each such agency. (b) If the aircraft arrives from out of state or leaves the state, the flight time from or to the state boundary shall be allocated to the taxing agency entitled to tax in which the aircraft first lands or last takes off, as the case may be. (Added by Stats. 1968, Ch. 1306.)
  32. 11551.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 6. PRIVATE RAILROAD CAR TAX [11201 - 11702] ( Heading of Part 6 amended by Stats. 1978, Ch. 1209. ) ## CHAPTER 5. Overpayments and Refunds [11551 - 11597] ( Chapter 5 added by Stats. 1941, Ch. 41. ) ## ARTICLE 1. Claim for Refund [11551 - 11555] ( Article 1 added by Stats. 1941, Ch. 41. )

    Verify source ↗

    If the board finds an amount, penalty, or interest was overpaid or wrongly collected or computed, it must record that fact, certify the excess, credit it against amounts due, and refund any balance. Large proposed determinations over $50,000 must be public for at least 10 days before they take effect.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 6. PRIVATE RAILROAD CAR TAX [11201 - 11702] ( Heading of Part 6 amended by Stats. 1978, Ch. 1209. ) ## CHAPTER 5. Overpayments and Refunds [11551 - 11597] ( Chapter 5 added by Stats. 1941, Ch. 41. ) ## ARTICLE 1. Claim for Refund [11551 - 11555] ( Article 1 added by Stats. 1941, Ch. 41. ) ## 11551. If the board determines that any amount, penalty, or interest has been paid more than once or has been erroneously or illegally collected or computed, the board shall set forth that fact in the records of the board and shall certify the amount collected in excess of the amount legally due and the person from whom it was collected or by whom paid. The excess amount collected or paid shall be credited by the board on any amounts then due and payable from the person from whom the excess amount was collected or by whom it was paid under this part, and the balance shall be refunded to the person, or his or her successors, administrators, or executors. Any proposed determination by the board pursuant to this section with respect to an amount in excess of fifty thousand dollars ($50,000) shall be available as a public record for at least 10 days prior to the effective date of that determination. (Amended by Stats. 2011, Ch. 351, Sec. 20. (SB 947) Effective January 1, 2012.)
  33. 11553.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 6. PRIVATE RAILROAD CAR TAX [11201 - 11702] ( Heading of Part 6 amended by Stats. 1978, Ch. 1209. ) ## CHAPTER 5. Overpayments and Refunds [11551 - 11597] ( Chapter 5 added by Stats. 1941, Ch. 41. ) ## ARTICLE 1. Claim for Refund [11551 - 11555] ( Article 1 added by Stats. 1941, Ch. 41. )

    Verify source ↗

    A credit or refund is not allowed unless a written claim is filed with the board within the applicable time limit.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 6. PRIVATE RAILROAD CAR TAX [11201 - 11702] ( Heading of Part 6 amended by Stats. 1978, Ch. 1209. ) ## CHAPTER 5. Overpayments and Refunds [11551 - 11597] ( Chapter 5 added by Stats. 1941, Ch. 41. ) ## ARTICLE 1. Claim for Refund [11551 - 11555] ( Article 1 added by Stats. 1941, Ch. 41. ) ## 11553. No credit or refund shall be allowed after four years from December 10 of the year in which the assessment is made or after six months from the date of overpayment, whichever period expires the later, unless a written claim is filed with the board within such period. (Amended by Stats. 1974, Ch. 54.)
  34. 11553.5.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 6. PRIVATE RAILROAD CAR TAX [11201 - 11702] ( Heading of Part 6 amended by Stats. 1978, Ch. 1209. ) ## CHAPTER 5. Overpayments and Refunds [11551 - 11597] ( Chapter 5 added by Stats. 1941, Ch. 41. ) ## ARTICLE 1. Claim for Refund [11551 - 11555] ( Article 1 added by Stats. 1941, Ch. 41. )

    Verify source ↗

    The Section 11553 limitation period is suspended while a person is financially disabled.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 6. PRIVATE RAILROAD CAR TAX [11201 - 11702] ( Heading of Part 6 amended by Stats. 1978, Ch. 1209. ) ## CHAPTER 5. Overpayments and Refunds [11551 - 11597] ( Chapter 5 added by Stats. 1941, Ch. 41. ) ## ARTICLE 1. Claim for Refund [11551 - 11555] ( Article 1 added by Stats. 1941, Ch. 41. ) ## 11553.5. (a) The limitation period specified in Section 11553 shall be suspended during any period of a person’s life that the person is financially disabled. (b) (1) For purposes of subdivision (a), a person is financially disabled if the person is unable to manage his or her financial affairs by reason of medically determinable physical or mental impairment of the person which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months. A person shall not be considered to have an impairment unless proof of the existence thereof is furnished in the form and manner as the board may require. (2) A person shall not be treated as financially disabled during any period that the person’s spouse or any other person is authorized to act on behalf of the person in financial matters. (c) This section applies to periods of disability commencing before, on, or after the effective date of the act adding this section, but does not apply to any claim for refund that (without regard to this section) is barred by the operation or rule of law, including res judicata, as of the effective date of the act adding this section. (Added by Stats. 2000, Ch. 1052, Sec. 21. Effective January 1, 2001.)
  35. 11554.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 6. PRIVATE RAILROAD CAR TAX [11201 - 11702] ( Heading of Part 6 amended by Stats. 1978, Ch. 1209. ) ## CHAPTER 5. Overpayments and Refunds [11551 - 11597] ( Chapter 5 added by Stats. 1941, Ch. 41. ) ## ARTICLE 1. Claim for Refund [11551 - 11555] ( Article 1 added by Stats. 1941, Ch. 41. )

    Verify source ↗

    A refund claim must be in writing and must state the specific grounds for the claim.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 6. PRIVATE RAILROAD CAR TAX [11201 - 11702] ( Heading of Part 6 amended by Stats. 1978, Ch. 1209. ) ## CHAPTER 5. Overpayments and Refunds [11551 - 11597] ( Chapter 5 added by Stats. 1941, Ch. 41. ) ## ARTICLE 1. Claim for Refund [11551 - 11555] ( Article 1 added by Stats. 1941, Ch. 41. ) ## 11554. The claim shall be in writing and shall state the specific grounds upon which it is founded. (Added by Stats. 1941, Ch. 41.)
  36. 11555.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 6. PRIVATE RAILROAD CAR TAX [11201 - 11702] ( Heading of Part 6 amended by Stats. 1978, Ch. 1209. ) ## CHAPTER 5. Overpayments and Refunds [11551 - 11597] ( Chapter 5 added by Stats. 1941, Ch. 41. ) ## ARTICLE 1. Claim for Refund [11551 - 11555] ( Article 1 added by Stats. 1941, Ch. 41. )

    Verify source ↗

    Interest must be paid on tax overpayments and is calculated at the adjusted annual rate under Section 19521.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 6. PRIVATE RAILROAD CAR TAX [11201 - 11702] ( Heading of Part 6 amended by Stats. 1978, Ch. 1209. ) ## CHAPTER 5. Overpayments and Refunds [11551 - 11597] ( Chapter 5 added by Stats. 1941, Ch. 41. ) ## ARTICLE 1. Claim for Refund [11551 - 11555] ( Article 1 added by Stats. 1941, Ch. 41. ) ## 11555. Interest shall be paid upon the amount of any overpayment of tax at the adjusted annual rate established pursuant to Section 19521 upon the amount found to have been illegally collected from the date of payment of the amount to the date of allowance of credit on account of the overpayment or to a date preceding the date of the refund warrant by not more than 30 days, the date to be determined by the board from the first day of the month following the month the tax becomes due. The interest shall be paid: (a) In the case of a refund, to the last day of the calendar month following the date upon which the person making the overpayment, if he or she has not already filed a claim, is notified by the board that a claim may be filed or the date upon which the claim is approved by the board, whichever date is the earlier. (b) In the case of a credit, to the same date as that to which interest is computed on the tax or amount against which the credit is applied. (Amended by Stats. 1996, Ch. 1087, Sec. 41. Effective January 1, 1997.)
  37. 1156.

    ## Revenue and Taxation Code - RTC ## DIVISION 1. PROPERTY TAXATION [50 - 5911] ( Division 1 enacted by Stats. 1939, Ch. 154. ) ## PART 2. ASSESSMENT [201 - 1367] ( Part 2 enacted by Stats. 1939, Ch. 154. ) ## CHAPTER 5. Special Types of Property [982 - 1162] ( Chapter 5 enacted by Stats. 1939, Ch. 154. ) ## ARTICLE 6. Certificated Aircraft [1150 - 1157] ( Article 6 added by Stats. 1968, Ch. 1306. )

    Verify source ↗

    This section says the article cannot be read to expand any taxing agency’s power to tax certificated aircraft beyond what U.S. law or the U.S. Constitution allows.

    ## Revenue and Taxation Code - RTC ## DIVISION 1. PROPERTY TAXATION [50 - 5911] ( Division 1 enacted by Stats. 1939, Ch. 154. ) ## PART 2. ASSESSMENT [201 - 1367] ( Part 2 enacted by Stats. 1939, Ch. 154. ) ## CHAPTER 5. Special Types of Property [982 - 1162] ( Chapter 5 enacted by Stats. 1939, Ch. 154. ) ## ARTICLE 6. Certificated Aircraft [1150 - 1157] ( Article 6 added by Stats. 1968, Ch. 1306. ) ## 1156. Nothing in this article shall be construed to enlarge the right of any taxing agency to tax certificated aircraft in a manner not permitted by the laws or Constitution of the United States. (Added by Stats. 1968, Ch. 1306.)
  38. 1157.

    ## Revenue and Taxation Code - RTC ## DIVISION 1. PROPERTY TAXATION [50 - 5911] ( Division 1 enacted by Stats. 1939, Ch. 154. ) ## PART 2. ASSESSMENT [201 - 1367] ( Part 2 enacted by Stats. 1939, Ch. 154. ) ## CHAPTER 5. Special Types of Property [982 - 1162] ( Chapter 5 enacted by Stats. 1939, Ch. 154. ) ## ARTICLE 6. Certificated Aircraft [1150 - 1157] ( Article 6 added by Stats. 1968, Ch. 1306. )

    Verify source ↗

    The board must consult specified stakeholders and then issue emergency regulations, forms, and instructions to implement the allocation formula for certificated aircraft.

    ## Revenue and Taxation Code - RTC ## DIVISION 1. PROPERTY TAXATION [50 - 5911] ( Division 1 enacted by Stats. 1939, Ch. 154. ) ## PART 2. ASSESSMENT [201 - 1367] ( Part 2 enacted by Stats. 1939, Ch. 154. ) ## CHAPTER 5. Special Types of Property [982 - 1162] ( Chapter 5 enacted by Stats. 1939, Ch. 154. ) ## ARTICLE 6. Certificated Aircraft [1150 - 1157] ( Article 6 added by Stats. 1968, Ch. 1306. ) ## 1157. (a) After consultation with the California Assessors’ Association and representatives of commercial air carriers, the board shall, by emergency regulation, promulgate regulations and produce forms and instructions necessary to implement the allocation formula established for the 2020–21 fiscal year, and for each fiscal year thereafter, pursuant to Section 1152. (b) An emergency regulation adopted pursuant to subdivision (a) shall be adopted in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, and, for purposes of that chapter, including Sections 11346.1 and 11349.6 of the Government Code, the adoption of the regulation is an emergency and shall be considered by the Office of Administrative Law as necessary for the immediate preservation of the public peace, health and safety, and general welfare. (Added by Stats. 2019, Ch. 333, Sec. 6. (SB 791) Effective September 20, 2019.)
  39. 11571.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 6. PRIVATE RAILROAD CAR TAX [11201 - 11702] ( Heading of Part 6 amended by Stats. 1978, Ch. 1209. ) ## CHAPTER 5. Overpayments and Refunds [11551 - 11597] ( Chapter 5 added by Stats. 1941, Ch. 41. ) ## ARTICLE 2. Suit for Refund [11571 - 11577] ( Article 2 added by Stats. 1941, Ch. 41. )

    Verify source ↗

    Courts may not issue injunctions, writs of mandate, or similar legal or equitable orders in covered suits against the State or a State officer to stop property assessment or collection of required amounts.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 6. PRIVATE RAILROAD CAR TAX [11201 - 11702] ( Heading of Part 6 amended by Stats. 1978, Ch. 1209. ) ## CHAPTER 5. Overpayments and Refunds [11551 - 11597] ( Chapter 5 added by Stats. 1941, Ch. 41. ) ## ARTICLE 2. Suit for Refund [11571 - 11577] ( Article 2 added by Stats. 1941, Ch. 41. ) ## 11571. No injunction or writ of mandate or other legal or equitable process shall issue in any suit, action, or proceeding in any court against this State or against any officer of the State to prevent or enjoin under this part the assessment of property or the collection of any amount required to be collected. (Added by Stats. 1941, Ch. 41.)
  40. 11572.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 6. PRIVATE RAILROAD CAR TAX [11201 - 11702] ( Heading of Part 6 amended by Stats. 1978, Ch. 1209. ) ## CHAPTER 5. Overpayments and Refunds [11551 - 11597] ( Chapter 5 added by Stats. 1941, Ch. 41. ) ## ARTICLE 2. Suit for Refund [11571 - 11577] ( Article 2 added by Stats. 1941, Ch. 41. )

    Verify source ↗

    A court action to recover an amount allegedly overassessed or illegally collected cannot be maintained unless a refund or credit claim has been duly filed.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 6. PRIVATE RAILROAD CAR TAX [11201 - 11702] ( Heading of Part 6 amended by Stats. 1978, Ch. 1209. ) ## CHAPTER 5. Overpayments and Refunds [11551 - 11597] ( Chapter 5 added by Stats. 1941, Ch. 41. ) ## ARTICLE 2. Suit for Refund [11571 - 11577] ( Article 2 added by Stats. 1941, Ch. 41. ) ## 11572. No suit or proceeding shall be maintained in any court for the recovery of any amount alleged to have been erroneously or illegally assessed or collected unless a claim for refund or credit has been duly filed. (Amended by Stats. 1957, Ch. 808.)
  41. 11573.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 6. PRIVATE RAILROAD CAR TAX [11201 - 11702] ( Heading of Part 6 amended by Stats. 1978, Ch. 1209. ) ## CHAPTER 5. Overpayments and Refunds [11551 - 11597] ( Chapter 5 added by Stats. 1941, Ch. 41. ) ## ARTICLE 2. Suit for Refund [11571 - 11577] ( Article 2 added by Stats. 1941, Ch. 41. )

    Verify source ↗

    A claimant may sue the board within 90 days after notice of the board’s action on a refund or credit claim.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 6. PRIVATE RAILROAD CAR TAX [11201 - 11702] ( Heading of Part 6 amended by Stats. 1978, Ch. 1209. ) ## CHAPTER 5. Overpayments and Refunds [11551 - 11597] ( Chapter 5 added by Stats. 1941, Ch. 41. ) ## ARTICLE 2. Suit for Refund [11571 - 11577] ( Article 2 added by Stats. 1941, Ch. 41. ) ## 11573. Within 90 days after the mailing of the notice of the board’s action upon a claim for refund or credit, the claimant may bring an action against the board on the grounds set forth in the claim in a court of competent jurisdiction in any city or city and county of this State in which the Attorney General has an office for the recovery of the whole or any part of the amount with respect to which the claim has been disallowed. (Amended by Stats. 1957, Ch. 808.)
  42. 11574.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 6. PRIVATE RAILROAD CAR TAX [11201 - 11702] ( Heading of Part 6 amended by Stats. 1978, Ch. 1209. ) ## CHAPTER 5. Overpayments and Refunds [11551 - 11597] ( Chapter 5 added by Stats. 1941, Ch. 41. ) ## ARTICLE 2. Suit for Refund [11571 - 11577] ( Article 2 added by Stats. 1941, Ch. 41. )

    Verify source ↗

    If the board does not mail notice of action on a claim within six months after filing, the claimant may treat the claim as disallowed and sue the board for all or part of the overpayment claimed.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 6. PRIVATE RAILROAD CAR TAX [11201 - 11702] ( Heading of Part 6 amended by Stats. 1978, Ch. 1209. ) ## CHAPTER 5. Overpayments and Refunds [11551 - 11597] ( Chapter 5 added by Stats. 1941, Ch. 41. ) ## ARTICLE 2. Suit for Refund [11571 - 11577] ( Article 2 added by Stats. 1941, Ch. 41. ) ## 11574. If the board fails to mail notice of action on a claim within six months after the claim is filed, the claimant may, prior to the mailing of notice by the board, consider the claim disallowed and bring an action against the board on the grounds set forth in the claim for the recovery of the whole or any part of the amount claimed as an overpayment. (Amended by Stats. 1957, Ch. 808.)
  43. 11574.5.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 6. PRIVATE RAILROAD CAR TAX [11201 - 11702] ( Heading of Part 6 amended by Stats. 1978, Ch. 1209. ) ## CHAPTER 5. Overpayments and Refunds [11551 - 11597] ( Chapter 5 added by Stats. 1941, Ch. 41. ) ## ARTICLE 2. Suit for Refund [11571 - 11577] ( Article 2 added by Stats. 1941, Ch. 41. )

    Verify source ↗

    If a suit or action is not filed on time under this article, the person waives all demands against the State for alleged overpayments.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 6. PRIVATE RAILROAD CAR TAX [11201 - 11702] ( Heading of Part 6 amended by Stats. 1978, Ch. 1209. ) ## CHAPTER 5. Overpayments and Refunds [11551 - 11597] ( Chapter 5 added by Stats. 1941, Ch. 41. ) ## ARTICLE 2. Suit for Refund [11571 - 11577] ( Article 2 added by Stats. 1941, Ch. 41. ) ## 11574.5. Failure to bring suit or action within the time specified in this article constitutes a waiver of all demands against the State on account of any alleged overpayments. (Added by Stats. 1957, Ch. 808.)
  44. 11575.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 6. PRIVATE RAILROAD CAR TAX [11201 - 11702] ( Heading of Part 6 amended by Stats. 1978, Ch. 1209. ) ## CHAPTER 5. Overpayments and Refunds [11551 - 11597] ( Chapter 5 added by Stats. 1941, Ch. 41. ) ## ARTICLE 2. Suit for Refund [11571 - 11577] ( Article 2 added by Stats. 1941, Ch. 41. )

    Verify source ↗

    If the plaintiff wins a judgment, the judgment amount must first be applied to any amounts the plaintiff owes under this part, and any remaining balance must be refunded to the plaintiff.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 6. PRIVATE RAILROAD CAR TAX [11201 - 11702] ( Heading of Part 6 amended by Stats. 1978, Ch. 1209. ) ## CHAPTER 5. Overpayments and Refunds [11551 - 11597] ( Chapter 5 added by Stats. 1941, Ch. 41. ) ## ARTICLE 2. Suit for Refund [11571 - 11577] ( Article 2 added by Stats. 1941, Ch. 41. ) ## 11575. If judgment is rendered for the plaintiff, the amount of the judgment shall first be credited on any amounts due from the plaintiff under this part, and the balance of the judgment shall be refunded to the plaintiff. (Added by Stats. 1941, Ch. 41.)
  45. 11576.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 6. PRIVATE RAILROAD CAR TAX [11201 - 11702] ( Heading of Part 6 amended by Stats. 1978, Ch. 1209. ) ## CHAPTER 5. Overpayments and Refunds [11551 - 11597] ( Chapter 5 added by Stats. 1941, Ch. 41. ) ## ARTICLE 2. Suit for Refund [11571 - 11577] ( Article 2 added by Stats. 1941, Ch. 41. )

    Verify source ↗

    Interest must be allowed on illegally collected amounts in a judgment, at the adjusted annual rate under Section 19521, from the payment date until credit is allowed or the refund warrant date, with the board setting the relevant date.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 6. PRIVATE RAILROAD CAR TAX [11201 - 11702] ( Heading of Part 6 amended by Stats. 1978, Ch. 1209. ) ## CHAPTER 5. Overpayments and Refunds [11551 - 11597] ( Chapter 5 added by Stats. 1941, Ch. 41. ) ## ARTICLE 2. Suit for Refund [11571 - 11577] ( Article 2 added by Stats. 1941, Ch. 41. ) ## 11576. In any judgment, interest shall be allowed at the adjusted annual rate established pursuant to Section 19521 upon the amount found to have been illegally collected from the date of payment of the amount to the date of allowance of credit on account of the judgment or to a date preceding the date of the refund warrant by not more than 30 days, the date to be determined by the board. (Amended by Stats. 1996, Ch. 1087, Sec. 42. Effective January 1, 1997.)
  46. 11577.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 6. PRIVATE RAILROAD CAR TAX [11201 - 11702] ( Heading of Part 6 amended by Stats. 1978, Ch. 1209. ) ## CHAPTER 5. Overpayments and Refunds [11551 - 11597] ( Chapter 5 added by Stats. 1941, Ch. 41. ) ## ARTICLE 2. Suit for Refund [11571 - 11577] ( Article 2 added by Stats. 1941, Ch. 41. )

    Verify source ↗

    A judgment cannot be entered for the plaintiff in a refund action against the board if the suit is brought by, or in the name of, an assignee of the person who paid the amount.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 6. PRIVATE RAILROAD CAR TAX [11201 - 11702] ( Heading of Part 6 amended by Stats. 1978, Ch. 1209. ) ## CHAPTER 5. Overpayments and Refunds [11551 - 11597] ( Chapter 5 added by Stats. 1941, Ch. 41. ) ## ARTICLE 2. Suit for Refund [11571 - 11577] ( Article 2 added by Stats. 1941, Ch. 41. ) ## 11577. A judgment shall not be rendered in favor of the plaintiff in any action brought against the board to recover any amount paid when the action is brought by or in the name of an assignee of the person who paid the amount. (Amended by Stats. 1945, Ch. 501.)
  47. 11596.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 6. PRIVATE RAILROAD CAR TAX [11201 - 11702] ( Heading of Part 6 amended by Stats. 1978, Ch. 1209. ) ## CHAPTER 5. Overpayments and Refunds [11551 - 11597] ( Chapter 5 added by Stats. 1941, Ch. 41. ) ## ARTICLE 3. Cancellations [11596 - 11597] ( Article 3 added by Stats. 1941, Ch. 41. )

    Verify source ↗

    If tax, penalty, or interest was illegally determined, the board must record the fact, certify the excess amount and affected person, and authorize cancellation of the excess. Proposed determinations over $50,000 must be public for at least 10 days before they take effect.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 6. PRIVATE RAILROAD CAR TAX [11201 - 11702] ( Heading of Part 6 amended by Stats. 1978, Ch. 1209. ) ## CHAPTER 5. Overpayments and Refunds [11551 - 11597] ( Chapter 5 added by Stats. 1941, Ch. 41. ) ## ARTICLE 3. Cancellations [11596 - 11597] ( Article 3 added by Stats. 1941, Ch. 41. ) ## 11596. If any amount for taxes, penalty, and interest has been illegally determined either by the person filing the return or by the board, the board shall set forth that fact in its records, certify the amount determined to be in excess of the amount legally due and the person against whom the determination was made, and authorize the cancellation of the amount upon the records of the board. Any proposed determination by the board pursuant to this section with respect to an amount in excess of fifty thousand dollars ($50,000) shall be available as a public record for at least 10 days prior to the effective date of that determination. (Amended by Stats. 2011, Ch. 351, Sec. 21. (SB 947) Effective January 1, 2012.)
  48. 11597.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 6. PRIVATE RAILROAD CAR TAX [11201 - 11702] ( Heading of Part 6 amended by Stats. 1978, Ch. 1209. ) ## CHAPTER 5. Overpayments and Refunds [11551 - 11597] ( Chapter 5 added by Stats. 1941, Ch. 41. ) ## ARTICLE 3. Cancellations [11596 - 11597] ( Article 3 added by Stats. 1941, Ch. 41. )

    Verify source ↗

    The board may cancel certain railroad car tax penalties if the taxpayer meets stated conditions, and a taxpayer seeking cancellation must file a timely petition with a perjury statement.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 6. PRIVATE RAILROAD CAR TAX [11201 - 11702] ( Heading of Part 6 amended by Stats. 1978, Ch. 1209. ) ## CHAPTER 5. Overpayments and Refunds [11551 - 11597] ( Chapter 5 added by Stats. 1941, Ch. 41. ) ## ARTICLE 3. Cancellations [11596 - 11597] ( Article 3 added by Stats. 1941, Ch. 41. ) ## 11597. (a) Any penalty provided for in Section 11341, 11354, 11405, or 11430 may be canceled by the board upon a finding that (1) the failure to make a timely payment is due to reasonable cause and circumstances beyond the taxpayer’s control, and occurred notwithstanding the exercise of ordinary care and the absence of willful neglect, provided the principal payment is made within 30 days after the delinquency date, or (2) there was an inadvertent error in the amount of payment made by the taxpayer, provided the principal payment for the proper amount of tax due is made within 10 days after the notice of shortage is mailed by the board. (b) Except as provided in subdivision (c), any taxpayer seeking cancellation of the penalty shall file with the board a petition for cancellation or refund within 20 days of payment of the principal amount of the tax or within 20 days after the board mails notice of the entry of the penalty, whichever date is later. The petition shall be accompanied by a statement under penalty of perjury setting forth the facts upon which the claim for relief is based. (c) The board shall establish criteria that provides for efficient resolution of requests for relief pursuant to this section. (Amended by Stats. 2000, Ch. 1052, Sec. 21.3. Effective January 1, 2001.)
  49. 116.

    ## Revenue and Taxation Code - RTC ## DIVISION 1. PROPERTY TAXATION [50 - 5911] ( Division 1 enacted by Stats. 1939, Ch. 154. ) ## PART 1. GENERAL PROVISIONS [101 - 198.1] ( Part 1 enacted by Stats. 1939, Ch. 154. ) ## CHAPTER 1. Construction [101 - 136] ( Chapter 1 enacted by Stats. 1939, Ch. 154. )

    Verify source ↗

    For this section, “map” includes a plat.

    ## Revenue and Taxation Code - RTC ## DIVISION 1. PROPERTY TAXATION [50 - 5911] ( Division 1 enacted by Stats. 1939, Ch. 154. ) ## PART 1. GENERAL PROVISIONS [101 - 198.1] ( Part 1 enacted by Stats. 1939, Ch. 154. ) ## CHAPTER 1. Construction [101 - 136] ( Chapter 1 enacted by Stats. 1939, Ch. 154. ) ## 116. “Map” includes plat. (Enacted by Stats. 1939, Ch. 154.)
  50. 1160.

    ## Revenue and Taxation Code - RTC ## DIVISION 1. PROPERTY TAXATION [50 - 5911] ( Division 1 enacted by Stats. 1939, Ch. 154. ) ## PART 2. ASSESSMENT [201 - 1367] ( Part 2 enacted by Stats. 1939, Ch. 154. ) ## CHAPTER 5. Special Types of Property [982 - 1162] ( Chapter 5 enacted by Stats. 1939, Ch. 154. ) ## ARTICLE 7. Fractionally Owned Aircraft [1160 - 1162] ( Article 7 added by Stats. 2007, Ch. 180, Sec. 4. )

    Verify source ↗

    This section defines terms for fractionally owned aircraft and says tax revenues from those aircraft must be distributed under another chapter. It also says those aircraft are assessed under this article only if a lead county assessor accepts the designation under Section 1162.

    ## Revenue and Taxation Code - RTC ## DIVISION 1. PROPERTY TAXATION [50 - 5911] ( Division 1 enacted by Stats. 1939, Ch. 154. ) ## PART 2. ASSESSMENT [201 - 1367] ( Part 2 enacted by Stats. 1939, Ch. 154. ) ## CHAPTER 5. Special Types of Property [982 - 1162] ( Chapter 5 enacted by Stats. 1939, Ch. 154. ) ## ARTICLE 7. Fractionally Owned Aircraft [1160 - 1162] ( Article 7 added by Stats. 2007, Ch. 180, Sec. 4. ) ## 1160. For purposes of this article, all of the following apply: (a) The following terms have the following meanings: (1) “Aircraft” has the same meaning as specified in Section 5303. (2) “Fleet” means all aircraft operated by a manager of a fractional ownership program. (3) “Fleet type” means aircraft classified by make, model, and series operated by a manager of a fractional ownership program. (4) “Fractionally owned aircraft” or “aircraft operated in fractional ownership programs” means those aircraft registered with the Federal Aviation Administration as fractionally owned aircraft. (5) “Landing” means physical contact involving the embarking or disembarking of crew, passengers, or freight, and that physical contact did not arise unintentionally as the result of an emergency. (b) Revenues derived from the taxation of fractionally owned aircraft under this article shall be distributed in accordance with Chapter 6 (commencing with Section 5451) of Part 10 of this division. (c) Fractionally owned aircraft shall be assessed under this article only if a lead county assessor accepts a designation as lead county assessor under Section 1162. (Added by Stats. 2007, Ch. 180, Sec. 4. Effective August 24, 2007.)
  51. 1161.

    ## Revenue and Taxation Code - RTC ## DIVISION 1. PROPERTY TAXATION [50 - 5911] ( Division 1 enacted by Stats. 1939, Ch. 154. ) ## PART 2. ASSESSMENT [201 - 1367] ( Part 2 enacted by Stats. 1939, Ch. 154. ) ## CHAPTER 5. Special Types of Property [982 - 1162] ( Chapter 5 enacted by Stats. 1939, Ch. 154. ) ## ARTICLE 7. Fractionally Owned Aircraft [1160 - 1162] ( Article 7 added by Stats. 2007, Ch. 180, Sec. 4. )

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    Fractionally owned aircraft with situs in the state are assessed on a fleetwide basis, and fleets with in-state landing can establish situs for allocation purposes.

    ## Revenue and Taxation Code - RTC ## DIVISION 1. PROPERTY TAXATION [50 - 5911] ( Division 1 enacted by Stats. 1939, Ch. 154. ) ## PART 2. ASSESSMENT [201 - 1367] ( Part 2 enacted by Stats. 1939, Ch. 154. ) ## CHAPTER 5. Special Types of Property [982 - 1162] ( Chapter 5 enacted by Stats. 1939, Ch. 154. ) ## ARTICLE 7. Fractionally Owned Aircraft [1160 - 1162] ( Article 7 added by Stats. 2007, Ch. 180, Sec. 4. ) ## 1161. (a) Notwithstanding any other law, fractionally owned aircraft that has situs in this state shall be assessed on a fleetwide basis to the manager in control of the fleet and a notice of that assessment shall be issued to that manager. (1) Any fractionally owned aircraft that has been annually assessed for the fiscal years preceding the 2007–08 fiscal year shall be assessed under this article commencing with the 2007–08 fiscal year. (2) For fractionally owned aircraft that have not been annually assessed for the fiscal years preceding the 2007–08 fiscal year, assessment under this article applies for the 2007–08 fiscal year and for each fiscal year thereafter, and for preceding fiscal years for which an assessment was not made, and for which a statute of limitations either does not apply or has been waived. (b) A fleet of fractionally owned aircraft establishes situs in this state if an aircraft within the fleet makes a landing in the state. (c) A fleet of fractionally owned aircraft shall be assessed on an allocated basis. An allocation factor shall be established in each county for each fleet type of fractionally owned aircraft for which situs in this state has been established as described in subdivision (b). This allocation factor is a fraction, the numerator of which is the total number of landings and departures made by the fleet type in the county during the previous calendar year and the denominator of which is the total number of landings and departures made by the fleet type worldwide during the previous calendar year. (Added by Stats. 2007, Ch. 180, Sec. 4. Effective August 24, 2007.)
  52. 1162.

    ## Revenue and Taxation Code - RTC ## DIVISION 1. PROPERTY TAXATION [50 - 5911] ( Division 1 enacted by Stats. 1939, Ch. 154. ) ## PART 2. ASSESSMENT [201 - 1367] ( Part 2 enacted by Stats. 1939, Ch. 154. ) ## CHAPTER 5. Special Types of Property [982 - 1162] ( Chapter 5 enacted by Stats. 1939, Ch. 154. ) ## ARTICLE 7. Fractionally Owned Aircraft [1160 - 1162] ( Article 7 added by Stats. 2007, Ch. 180, Sec. 4. )

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    This section lets the Aircraft Advisory Subcommittee designate a lead county assessor’s office for certain fractionally owned aircraft fleets, and then sets out what that lead office and county assessors must do.

    ## Revenue and Taxation Code - RTC ## DIVISION 1. PROPERTY TAXATION [50 - 5911] ( Division 1 enacted by Stats. 1939, Ch. 154. ) ## PART 2. ASSESSMENT [201 - 1367] ( Part 2 enacted by Stats. 1939, Ch. 154. ) ## CHAPTER 5. Special Types of Property [982 - 1162] ( Chapter 5 enacted by Stats. 1939, Ch. 154. ) ## ARTICLE 7. Fractionally Owned Aircraft [1160 - 1162] ( Article 7 added by Stats. 2007, Ch. 180, Sec. 4. ) ## 1162. (a) On or before October 1, 2007, the Aircraft Advisory Subcommittee of the California Assessors’ Association may designate a lead county assessor’s office for each manager in control of a fleet of fractionally owned aircraft. (b) If a lead county assessor’s office is designated under subdivision (a), and that assessor’s office accepts that designation, the lead county assessor’s office described in subdivision (a) shall do all of the following: (1) Notify, in writing, each manager in control of a fleet of fractionally owned aircraft for which the lead county assessor has been designated of this designation on or before the first October 15 that follows that designation. (2) Receive the property statement, as described in subdivision (l) of Section 441, of each manager in control of a fleet of fractionally owned aircraft for which the lead county assessor has been designated. (3) Calculate, pursuant to Sections 5363 and 5364, an unallocated value of all fractionally owned aircraft for each manager in control of a fleet of fractionally owned aircraft for which the lead county assessor has been designated. (4) Electronically transmit to the assessor of each county in which a fleet of fractionally owned aircraft has situs for the assessment year the value determined by the lead county assessor’s office under paragraph (3) and the allocation factor described in subdivision (c) of Section 1161. (5) Lead the audit team described in subdivision (d) when that team is conducting an audit of each manager in control of a fleet of fractionally owned aircraft for which the lead county assessor has been designated. (c) (1) Notwithstanding subdivision (b), the county assessor of each county in which a fleet of fractionally owned aircraft has situs for an assessment year is solely responsible for assessing that property by multiplying the unallocated value of each fleet type by the allocation factor described in subdivision (c) of Section 1161, and enrolling the total allocated value for the fleet type. In appraising the unallocated value of the fleet type, the assessor may consult with the lead county assessor’s office designated for that fleet. (2) The lead county assessor’s office is subject to Section 322 of Title 18 of the California Code of Regulations and Sections 408, 451, and 1606 to the same extent as the assessor described in paragraph (1). (d) Notwithstanding Section 469, an audit of each manager in control of a fleet of fractionally owned aircraft may be conducted once every four years on a centralized basis by an audit team of auditor-appraisers from at least one, but not more than three, counties, as determined by the Aircraft Advisory Subcommittee of the California Assessors’ Association. An audit, so conducted, shall encompass all of the California personal property and fixtures of the manager of the fleet of fractionally owned aircraft and is deemed to be made on behalf of each county for which an audit would otherwise be required under Section 469. (Added by Stats. 2007, Ch. 180, Sec. 4. Effective August 24, 2007.)
  53. 11651.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 6. PRIVATE RAILROAD CAR TAX [11201 - 11702] ( Heading of Part 6 amended by Stats. 1978, Ch. 1209. ) ## CHAPTER 6. Administration [11651 - 11657] ( Chapter 6 added by Stats. 1941, Ch. 41. )

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    The board must enforce this part and may make and enforce rules for administering it, including deciding how much any ruling or regulation applies without retroactive effect.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 6. PRIVATE RAILROAD CAR TAX [11201 - 11702] ( Heading of Part 6 amended by Stats. 1978, Ch. 1209. ) ## CHAPTER 6. Administration [11651 - 11657] ( Chapter 6 added by Stats. 1941, Ch. 41. ) ## 11651. The board shall enforce the provisions of this part and may prescribe, adopt, and enforce rules and regulations relating to the administration and enforcement of this part. The board may prescribe the extent to which any ruling or regulation shall be applied without retroactive effect. (Added by Stats. 1941, Ch. 41.)
  54. 11651.5.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 6. PRIVATE RAILROAD CAR TAX [11201 - 11702] ( Heading of Part 6 amended by Stats. 1978, Ch. 1209. ) ## CHAPTER 6. Administration [11651 - 11657] ( Chapter 6 added by Stats. 1941, Ch. 41. )

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    If the board misses the assessment deadline, it may finish within the next calendar month and must mail each assessee the substituted dates.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 6. PRIVATE RAILROAD CAR TAX [11201 - 11702] ( Heading of Part 6 amended by Stats. 1978, Ch. 1209. ) ## CHAPTER 6. Administration [11651 - 11657] ( Chapter 6 added by Stats. 1941, Ch. 41. ) ## 11651.5. If the board for any reason fails to complete the private railroad car tax assessments by the time specified in Section 11336, it may nevertheless complete them within the next calendar month. In such case there shall be added one calendar month to the dates specified in Sections 11337, 11338, 11401, 11404, and 11405. The board shall notify each assessee by mail at his address as it appears in the records of the board of the substituted dates during which the assessment may be examined, a petition for reassessment filed, and the tax paid without penalty. (Amended by Stats. 1978, Ch. 1209.)
  55. 11652.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 6. PRIVATE RAILROAD CAR TAX [11201 - 11702] ( Heading of Part 6 amended by Stats. 1978, Ch. 1209. ) ## CHAPTER 6. Administration [11651 - 11657] ( Chapter 6 added by Stats. 1941, Ch. 41. )

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    People whose property is taxed under this part must keep records and other relevant data about operating their private railroad cars, as required by the board. The board or its authorized representative may inspect those records and data.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 6. PRIVATE RAILROAD CAR TAX [11201 - 11702] ( Heading of Part 6 amended by Stats. 1978, Ch. 1209. ) ## CHAPTER 6. Administration [11651 - 11657] ( Chapter 6 added by Stats. 1941, Ch. 41. ) ## 11652. Every person whose property is subject to tax under this part shall keep such records and other pertinent data with respect to the operation of his private railroad cars as the board requires. The board or its authorized representative may examine the records and data. (Amended by Stats. 1978, Ch. 1209.)
  56. 11653.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 6. PRIVATE RAILROAD CAR TAX [11201 - 11702] ( Heading of Part 6 amended by Stats. 1978, Ch. 1209. ) ## CHAPTER 6. Administration [11651 - 11657] ( Chapter 6 added by Stats. 1941, Ch. 41. )

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    Railroad companies with lines in the state must keep records and data about private railroad car operations, make reports the board requires, and provide the records and data on demand to the board or its authorized representative.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 6. PRIVATE RAILROAD CAR TAX [11201 - 11702] ( Heading of Part 6 amended by Stats. 1978, Ch. 1209. ) ## CHAPTER 6. Administration [11651 - 11657] ( Chapter 6 added by Stats. 1941, Ch. 41. ) ## 11653. Every railroad company with lines in this state shall keep such records and other data with respect to the operation of private railroad cars over those lines and make such reports as the board requires. The company shall on demand make the records and data available to the board or its authorized representative. (Amended by Stats. 1978, Ch. 1209.)
  57. 11654.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 6. PRIVATE RAILROAD CAR TAX [11201 - 11702] ( Heading of Part 6 amended by Stats. 1978, Ch. 1209. ) ## CHAPTER 6. Administration [11651 - 11657] ( Chapter 6 added by Stats. 1941, Ch. 41. )

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    People who have private railroad cars in California must provide the board with information about the cars when asked.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 6. PRIVATE RAILROAD CAR TAX [11201 - 11702] ( Heading of Part 6 amended by Stats. 1978, Ch. 1209. ) ## CHAPTER 6. Administration [11651 - 11657] ( Chapter 6 added by Stats. 1941, Ch. 41. ) ## 11654. Any person having private railroad cars in his possession or control in this state shall furnish such data concerning the cars as the board may request. (Amended by Stats. 1978, Ch. 1209.)
  58. 11655.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 6. PRIVATE RAILROAD CAR TAX [11201 - 11702] ( Heading of Part 6 amended by Stats. 1978, Ch. 1209. ) ## CHAPTER 6. Administration [11651 - 11657] ( Chapter 6 added by Stats. 1941, Ch. 41. )

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    The board must keep certain reporting information and records secret, but it may or must disclose them in specified circumstances.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 6. PRIVATE RAILROAD CAR TAX [11201 - 11702] ( Heading of Part 6 amended by Stats. 1978, Ch. 1209. ) ## CHAPTER 6. Administration [11651 - 11657] ( Chapter 6 added by Stats. 1941, Ch. 41. ) ## 11655. (a) Except as provided herein, all information and records relating to the business affairs of persons required to report to the board pursuant to this part shall be held secret by the board. (b) The board shall disclose information and records to law enforcement agencies, grand juries, and other duly authorized legislative or administrative officials of the state pursuant to their authorization to examine such information and records. (c) The board also may disclose information, records, and appraisal data relating to state assessment of private railroad companies whose cars operate in interstate commerce to tax officials of other states having duties corresponding to those described by this part. The disclosure shall be limited to instances in which there is a reciprocal exchange of information by the states in which the cars operate, and shall be made only pursuant to a written agreement between the agencies involved. The agreement shall provide that any request for information be in writing, shall specify the information to be exchanged, and shall require that any information furnished be used solely for tax administration purposes and otherwise shall be held secret. The request for information and any written material furnished pursuant to the request shall be open to inspection by the person to whom the information relates at the office of the board in Sacramento. (Amended by Stats. 1982, Ch. 1465, Sec. 20.)
  59. 11656.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 6. PRIVATE RAILROAD CAR TAX [11201 - 11702] ( Heading of Part 6 amended by Stats. 1978, Ch. 1209. ) ## CHAPTER 6. Administration [11651 - 11657] ( Chapter 6 added by Stats. 1941, Ch. 41. )

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    Tax return preparers covered by this section must not disclose or use return-preparation information except for preparing the return, unless consent or legal process applies.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 6. PRIVATE RAILROAD CAR TAX [11201 - 11702] ( Heading of Part 6 amended by Stats. 1978, Ch. 1209. ) ## CHAPTER 6. Administration [11651 - 11657] ( Chapter 6 added by Stats. 1941, Ch. 41. ) ## 11656. (a) Except as otherwise provided by law, any person who is engaged in the business of preparing, or providing services in connection with the preparation of, returns under Chapter 2 (commencing with Section 11251) of this part, or any person who for compensation prepares any such return for any other person, and who knowingly or recklessly does either of the following, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not more than one thousand dollars ($1,000) or imprisoned no more than one year, or both, together with the costs of prosecution: (1) Discloses any information furnished to him or her for, or in connection with, the preparation of the return. (2) Uses that information for any purpose other than to prepare, or assist in preparing, the return. (b) Subdivision (a) shall not apply to disclosure of information if that disclosure is made pursuant to the person’s consent or pursuant to a subpoena, court order, or other compulsory legal process. (Added by Stats. 2000, Ch. 1052, Sec. 21.5. Effective January 1, 2001.)
  60. 11657.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 6. PRIVATE RAILROAD CAR TAX [11201 - 11702] ( Heading of Part 6 amended by Stats. 1978, Ch. 1209. ) ## CHAPTER 6. Administration [11651 - 11657] ( Chapter 6 added by Stats. 1941, Ch. 41. )

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    Taxpayers may be reimbursed for reasonable hearing-related fees and expenses if they file a claim on time and the board finds the staff acted unreasonably.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 6. PRIVATE RAILROAD CAR TAX [11201 - 11702] ( Heading of Part 6 amended by Stats. 1978, Ch. 1209. ) ## CHAPTER 6. Administration [11651 - 11657] ( Chapter 6 added by Stats. 1941, Ch. 41. ) ## 11657. (a) Every taxpayer is entitled to be reimbursed for any reasonable fees and expenses related to a hearing before the board if all of the following conditions are met: (1) The taxpayer files a claim for the fee and expenses with the board within one year of the date the decision of the board becomes final. (2) The board, in its sole discretion, finds that the action taken by the board staff was unreasonable. (3) The board decides that the taxpayer be awarded a specific amount of fees and expenses related to the hearing, in an amount determined by the board in its sole discretion. (b) To determine whether the board staff has been unreasonable, the board shall consider whether the board staff has established that its position was substantially justified. (c) The amount of reimbursed fees and expenses shall be limited to the following: (1) Fees and expenses incurred after the date of the notice of determination, jeopardy determination, or denial of a claim for refund. (2) If the board finds that the staff was unreasonable with respect to certain issues but reasonable with respect to other issues, the amount of reimbursed fees and expenses shall be limited to those which relate to the issues where the staff was unreasonable. (d) Any proposed award by the board pursuant to this section shall be available as a public record for at least 10 days prior to the effective date of the award. (e) The amendments to this section by the act adding this subdivision shall be operative for claims filed on or after January 1, 2001. (Added by Stats. 2000, Ch. 1052, Sec. 21.7. Effective January 1, 2001.)
  61. 117.

    ## Revenue and Taxation Code - RTC ## DIVISION 1. PROPERTY TAXATION [50 - 5911] ( Division 1 enacted by Stats. 1939, Ch. 154. ) ## PART 1. GENERAL PROVISIONS [101 - 198.1] ( Part 1 enacted by Stats. 1939, Ch. 154. ) ## CHAPTER 1. Construction [101 - 136] ( Chapter 1 enacted by Stats. 1939, Ch. 154. )

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    “Lien date” means the time when taxes for a fiscal year become a lien on property.

    ## Revenue and Taxation Code - RTC ## DIVISION 1. PROPERTY TAXATION [50 - 5911] ( Division 1 enacted by Stats. 1939, Ch. 154. ) ## PART 1. GENERAL PROVISIONS [101 - 198.1] ( Part 1 enacted by Stats. 1939, Ch. 154. ) ## CHAPTER 1. Construction [101 - 136] ( Chapter 1 enacted by Stats. 1939, Ch. 154. ) ## 117. “Lien date” is the time when taxes for any fiscal year become a lien on property. (Enacted by Stats. 1939, Ch. 154.)
  62. 11701.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 6. PRIVATE RAILROAD CAR TAX [11201 - 11702] ( Heading of Part 6 amended by Stats. 1978, Ch. 1209. ) ## CHAPTER 7. Disposition of Proceeds [11701 - 11702] ( Chapter 7 added by Stats. 1941, Ch. 41. )

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    Money received by the board under this part must be sent to the State Treasurer and deposited in the State Treasury for the General Fund.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 6. PRIVATE RAILROAD CAR TAX [11201 - 11702] ( Heading of Part 6 amended by Stats. 1978, Ch. 1209. ) ## CHAPTER 7. Disposition of Proceeds [11701 - 11702] ( Chapter 7 added by Stats. 1941, Ch. 41. ) ## 11701. All money received by the board under this part shall be transmitted to the State Treasurer and shall be deposited in the State Treasury to the credit of the General Fund. (Added by Stats. 1941, Ch. 41.)
  63. 11702.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 6. PRIVATE RAILROAD CAR TAX [11201 - 11702] ( Heading of Part 6 amended by Stats. 1978, Ch. 1209. ) ## CHAPTER 7. Disposition of Proceeds [11701 - 11702] ( Chapter 7 added by Stats. 1941, Ch. 41. )

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    Money deposited under this part is appropriated to pay refunds, and it may be withdrawn from the State Treasury on the Controller’s warrant.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 6. PRIVATE RAILROAD CAR TAX [11201 - 11702] ( Heading of Part 6 amended by Stats. 1978, Ch. 1209. ) ## CHAPTER 7. Disposition of Proceeds [11701 - 11702] ( Chapter 7 added by Stats. 1941, Ch. 41. ) ## 11702. The money so deposited, or so much thereof as may be necessary, is hereby appropriated for the purpose of making refunds under this part and shall, upon warrant of the Controller, be withdrawn from the State Treasury for such purpose. (Added by Stats. 1941, Ch. 41.)
  64. 118.

    ## Revenue and Taxation Code - RTC ## DIVISION 1. PROPERTY TAXATION [50 - 5911] ( Division 1 enacted by Stats. 1939, Ch. 154. ) ## PART 1. GENERAL PROVISIONS [101 - 198.1] ( Part 1 enacted by Stats. 1939, Ch. 154. ) ## CHAPTER 1. Construction [101 - 136] ( Chapter 1 enacted by Stats. 1939, Ch. 154. )

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    “Assessment year” means the period from a lien date until just before the next lien date, for taxes levied by the same agency.

    ## Revenue and Taxation Code - RTC ## DIVISION 1. PROPERTY TAXATION [50 - 5911] ( Division 1 enacted by Stats. 1939, Ch. 154. ) ## PART 1. GENERAL PROVISIONS [101 - 198.1] ( Part 1 enacted by Stats. 1939, Ch. 154. ) ## CHAPTER 1. Construction [101 - 136] ( Chapter 1 enacted by Stats. 1939, Ch. 154. ) ## 118. “Assessment year” means the period beginning with a lien date and ending immediately prior to the succeeding lien date for taxes levied by the same agency. (Enacted by Stats. 1939, Ch. 154.)
  65. 119.

    ## Revenue and Taxation Code - RTC ## DIVISION 1. PROPERTY TAXATION [50 - 5911] ( Division 1 enacted by Stats. 1939, Ch. 154. ) ## PART 1. GENERAL PROVISIONS [101 - 198.1] ( Part 1 enacted by Stats. 1939, Ch. 154. ) ## CHAPTER 1. Construction [101 - 136] ( Chapter 1 enacted by Stats. 1939, Ch. 154. )

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    This section defines “county board” as the county board of supervisors when it is sitting as the county board of equalization.

    ## Revenue and Taxation Code - RTC ## DIVISION 1. PROPERTY TAXATION [50 - 5911] ( Division 1 enacted by Stats. 1939, Ch. 154. ) ## PART 1. GENERAL PROVISIONS [101 - 198.1] ( Part 1 enacted by Stats. 1939, Ch. 154. ) ## CHAPTER 1. Construction [101 - 136] ( Chapter 1 enacted by Stats. 1939, Ch. 154. ) ## 119. “County board” means the county board of supervisors when sitting as the county board of equalization. (Enacted by Stats. 1939, Ch. 154.)
  66. 11901.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 6.7. DOCUMENTARY TRANSFER TAX ACT [11901 - 11935] ( Heading of Part 6.7 amended by Stats. 1968, Ch. 17. ) ## CHAPTER 1. General Provisions and Definitions [11901 - 11903] ( Chapter 1 heading added by Stats. 1968, Ch. 17. )

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    This section says the act is called the Documentary Transfer Tax Act and may be cited by that name.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 6.7. DOCUMENTARY TRANSFER TAX ACT [11901 - 11935] ( Heading of Part 6.7 amended by Stats. 1968, Ch. 17. ) ## CHAPTER 1. General Provisions and Definitions [11901 - 11903] ( Chapter 1 heading added by Stats. 1968, Ch. 17. ) ## 11901. This act is known and may be cited as the “Documentary Transfer Tax Act.” (Amended by Stats. 1968, Ch. 17.)
  67. 11902.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 6.7. DOCUMENTARY TRANSFER TAX ACT [11901 - 11935] ( Heading of Part 6.7 amended by Stats. 1968, Ch. 17. ) ## CHAPTER 1. General Provisions and Definitions [11901 - 11903] ( Chapter 1 heading added by Stats. 1968, Ch. 17. )

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    For this section, “county” also means a city and county.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 6.7. DOCUMENTARY TRANSFER TAX ACT [11901 - 11935] ( Heading of Part 6.7 amended by Stats. 1968, Ch. 17. ) ## CHAPTER 1. General Provisions and Definitions [11901 - 11903] ( Chapter 1 heading added by Stats. 1968, Ch. 17. ) ## 11902. “County” shall include a city and county. (Added by renumbering Section 11903 by Stats. 1968, Ch. 17.)
  68. 11903.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 6.7. DOCUMENTARY TRANSFER TAX ACT [11901 - 11935] ( Heading of Part 6.7 amended by Stats. 1968, Ch. 17. ) ## CHAPTER 1. General Provisions and Definitions [11901 - 11903] ( Chapter 1 heading added by Stats. 1968, Ch. 17. )

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    This section defines “Recorder” as the recorder of a county.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 6.7. DOCUMENTARY TRANSFER TAX ACT [11901 - 11935] ( Heading of Part 6.7 amended by Stats. 1968, Ch. 17. ) ## CHAPTER 1. General Provisions and Definitions [11901 - 11903] ( Chapter 1 heading added by Stats. 1968, Ch. 17. ) ## 11903. “Recorder” means the recorder of a county. (Added by renumbering Section 11904 by Stats. 1968, Ch. 17.)
  69. 11911.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 6.7. DOCUMENTARY TRANSFER TAX ACT [11901 - 11935] ( Heading of Part 6.7 amended by Stats. 1968, Ch. 17. ) ## CHAPTER 2. Authorization for Tax [11911 - 11913] ( Chapter 2 added by Stats. 1967, Ch. 1332. )

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    County and certain city governments may adopt ordinances imposing a documentary transfer tax on qualifying real property transfers over $100.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 6.7. DOCUMENTARY TRANSFER TAX ACT [11901 - 11935] ( Heading of Part 6.7 amended by Stats. 1968, Ch. 17. ) ## CHAPTER 2. Authorization for Tax [11911 - 11913] ( Chapter 2 added by Stats. 1967, Ch. 1332. ) ## 11911. (a) The board of supervisors of any county or city and county, by an ordinance adopted pursuant to this part, may impose, on each deed, instrument, or writing by which any lands, tenements, or other realty sold within the county shall be granted, assigned, transferred, or otherwise conveyed to, or vested in, the purchaser or purchasers, or any other person or persons, by his or their direction, when the consideration or value of the interest or property conveyed (exclusive of the value of any lien or encumbrance remaining thereon at the time of sale) exceeds one hundred dollars ($100) a tax at the rate of fifty-five cents ($0.55) for each five hundred dollars ($500) or fractional part thereof. (b) The legislative body of any city which is within a county which has imposed a tax pursuant to subdivision (a) may, by an ordinance adopted pursuant to this part, impose, on each deed, instrument, or writing by which any lands, tenements, or other realty sold within the city shall be granted, assigned, transferred, or otherwise conveyed to, or vested in, the purchaser or purchasers, or any other person or persons, by his or their direction, when the consideration or value of the interest or property conveyed (exclusive of the value of any lien or encumbrance remaining thereon at the time of sale) exceeds one hundred dollars ($100), a tax at the rate of one-half the amount specified in subdivision (a) for each five hundred dollars ($500) or fractional part thereof. (c) A credit shall be allowed against the tax imposed by a county ordinance pursuant to subdivision (a) for the amount of any tax due to any city by reason of an ordinance adopted pursuant to subdivision (b). No credit shall be allowed against any county tax for a city tax which is not in conformity with this part. (Added by Stats. 1967, Ch. 1332.)
  70. 11911.1.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 6.7. DOCUMENTARY TRANSFER TAX ACT [11901 - 11935] ( Heading of Part 6.7 amended by Stats. 1968, Ch. 17. ) ## CHAPTER 2. Authorization for Tax [11911 - 11913] ( Chapter 2 added by Stats. 1967, Ch. 1332. )

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    An ordinance imposing the documentary transfer tax may require a deed or similar transfer document to show the tax roll parcel number.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 6.7. DOCUMENTARY TRANSFER TAX ACT [11901 - 11935] ( Heading of Part 6.7 amended by Stats. 1968, Ch. 17. ) ## CHAPTER 2. Authorization for Tax [11911 - 11913] ( Chapter 2 added by Stats. 1967, Ch. 1332. ) ## 11911.1. Any ordinance which imposes the documentary transfer tax may require that each deed, instrument or writing by which lands, tenements, or other realty is sold, granted, assigned, transferred, or otherwise conveyed, shall have noted upon it the tax roll parcel number. The number will be used only for administrative and procedural purposes and will not be proof of title and in the event of any conflicts, the stated legal description noted upon the document shall govern. The validity of such a document shall not be affected by the fact that such parcel number is erroneous or omitted, and there shall be no liability attaching to any person for an error in such number or for omission of such number. (Added by Stats. 1971, Ch. 102.)
  71. 11912.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 6.7. DOCUMENTARY TRANSFER TAX ACT [11901 - 11935] ( Heading of Part 6.7 amended by Stats. 1968, Ch. 17. ) ## CHAPTER 2. Authorization for Tax [11911 - 11913] ( Chapter 2 added by Stats. 1967, Ch. 1332. )

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    A person who makes, signs, or issues a document or instrument subject to the tax must pay the tax.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 6.7. DOCUMENTARY TRANSFER TAX ACT [11901 - 11935] ( Heading of Part 6.7 amended by Stats. 1968, Ch. 17. ) ## CHAPTER 2. Authorization for Tax [11911 - 11913] ( Chapter 2 added by Stats. 1967, Ch. 1332. ) ## 11912. Any tax imposed pursuant to Section 11911 shall be paid by any person who makes, signs or issues any document or instrument subject to the tax, or for whose use or benefit the same is made, signed or issued. (Added by Stats. 1967, Ch. 1332.)
  72. 11913.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 6.7. DOCUMENTARY TRANSFER TAX ACT [11901 - 11935] ( Heading of Part 6.7 amended by Stats. 1968, Ch. 17. ) ## CHAPTER 2. Authorization for Tax [11911 - 11913] ( Chapter 2 added by Stats. 1967, Ch. 1332. )

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    Transfers of mobilehomes installed on a foundation system are subject to this part if they are covered by Section 18551 of the Health and Safety Code and are subject to local property taxation.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 6.7. DOCUMENTARY TRANSFER TAX ACT [11901 - 11935] ( Heading of Part 6.7 amended by Stats. 1968, Ch. 17. ) ## CHAPTER 2. Authorization for Tax [11911 - 11913] ( Chapter 2 added by Stats. 1967, Ch. 1332. ) ## 11913. The transfer of any mobilehome installed on a foundation system, pursuant to Section 18551 of the Health and Safety Code, and subject to local property taxation shall be subject to this part. (Added by Stats. 1979, Ch. 1160.)
  73. 11921.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 6.7. DOCUMENTARY TRANSFER TAX ACT [11901 - 11935] ( Heading of Part 6.7 amended by Stats. 1968, Ch. 17. ) ## CHAPTER 3. Exemptions [11921 - 11930.5] ( Chapter 3 added by Stats. 1967, Ch. 1332. )

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    Tax imposed under this part does not apply to an instrument in writing given to secure a debt.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 6.7. DOCUMENTARY TRANSFER TAX ACT [11901 - 11935] ( Heading of Part 6.7 amended by Stats. 1968, Ch. 17. ) ## CHAPTER 3. Exemptions [11921 - 11930.5] ( Chapter 3 added by Stats. 1967, Ch. 1332. ) ## 11921. Any tax imposed pursuant to this part shall not apply to any instrument in writing given to secure a debt. (Added by Stats. 1967, Ch. 1332.)
  74. 11922.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 6.7. DOCUMENTARY TRANSFER TAX ACT [11901 - 11935] ( Heading of Part 6.7 amended by Stats. 1968, Ch. 17. ) ## CHAPTER 3. Exemptions [11921 - 11930.5] ( Chapter 3 added by Stats. 1967, Ch. 1332. )

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    Certain deeds, instruments, or writings are exempt from this tax when the exempt government agency is acquiring title.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 6.7. DOCUMENTARY TRANSFER TAX ACT [11901 - 11935] ( Heading of Part 6.7 amended by Stats. 1968, Ch. 17. ) ## CHAPTER 3. Exemptions [11921 - 11930.5] ( Chapter 3 added by Stats. 1967, Ch. 1332. ) ## 11922. Any deed, instrument or writing to which the United States or any agency or instrumentality thereof, any state or territory, or political subdivision thereof, is a party shall be exempt from any tax imposed pursuant to this part when the exempt agency is acquiring title. (Amended by Stats. 1969, Ch. 1108.)
  75. 11923.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 6.7. DOCUMENTARY TRANSFER TAX ACT [11901 - 11935] ( Heading of Part 6.7 amended by Stats. 1968, Ch. 17. ) ## CHAPTER 3. Exemptions [11921 - 11930.5] ( Chapter 3 added by Stats. 1967, Ch. 1332. )

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    A documentary transfer tax does not apply to certain conveyances made to carry out qualifying reorganization or adjustment plans.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 6.7. DOCUMENTARY TRANSFER TAX ACT [11901 - 11935] ( Heading of Part 6.7 amended by Stats. 1968, Ch. 17. ) ## CHAPTER 3. Exemptions [11921 - 11930.5] ( Chapter 3 added by Stats. 1967, Ch. 1332. ) ## 11923. (a) Any tax imposed pursuant to this part shall not apply to the making, delivering, or filing of conveyances to make effective any plan of reorganization or adjustment that is any of the following: (1) Confirmed under the Federal Bankruptcy Code, as amended. (2) Approved in an equity receivership proceeding in a court involving a railroad corporation, as defined in Section 101 of Title 11 of the United States Code, as amended. (3) Approved in an equity receivership proceeding in a court involving a corporation, as defined in Section 101 of Title 11 of the United States Code, as amended. (4) Whereby a mere change in identity, form, or place of organization is effected. (b) Subdivision (a) shall only apply if the making, delivery, or filing of instruments of transfer or conveyances occurs within five years from the date of the confirmation, approval, or change. (Amended by Stats. 2009, Ch. 500, Sec. 59. (AB 1059) Effective January 1, 2010.)
  76. 11924.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 6.7. DOCUMENTARY TRANSFER TAX ACT [11901 - 11935] ( Heading of Part 6.7 amended by Stats. 1968, Ch. 17. ) ## CHAPTER 3. Exemptions [11921 - 11930.5] ( Chapter 3 added by Stats. 1967, Ch. 1332. )

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    This section exempts certain conveyances from the documentary transfer tax when they are made to carry out a qualifying Securities and Exchange Commission order.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 6.7. DOCUMENTARY TRANSFER TAX ACT [11901 - 11935] ( Heading of Part 6.7 amended by Stats. 1968, Ch. 17. ) ## CHAPTER 3. Exemptions [11921 - 11930.5] ( Chapter 3 added by Stats. 1967, Ch. 1332. ) ## 11924. Any tax imposed pursuant to this part shall not apply to the making or delivery of conveyances to make effective any order of the Securities and Exchange Commission, as defined in subdivision (a) of Section 1083 of the Internal Revenue Code of 1954; but only if— (a) The order of the Securities and Exchange Commission in obedience to which such conveyance is made recites that such conveyance is necessary or appropriate to effectuate the provisions of Section 79k of Title 15 of the United States Code, relating to the Public Utility Holding Company Act of 1935; (b) Such order specifies the property which is ordered to be conveyed; (c) Such conveyance is made in obedience to such order. (Added by Stats. 1967, Ch. 1332.)
  77. 11925.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 6.7. DOCUMENTARY TRANSFER TAX ACT [11901 - 11935] ( Heading of Part 6.7 amended by Stats. 1968, Ch. 17. ) ## CHAPTER 3. Exemptions [11921 - 11930.5] ( Chapter 3 added by Stats. 1967, Ch. 1332. )

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    This section exempts certain partnership-related real property transfers from levy under this part and limits multiple taxes on partnership terminations.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 6.7. DOCUMENTARY TRANSFER TAX ACT [11901 - 11935] ( Heading of Part 6.7 amended by Stats. 1968, Ch. 17. ) ## CHAPTER 3. Exemptions [11921 - 11930.5] ( Chapter 3 added by Stats. 1967, Ch. 1332. ) ## 11925. (a) In the case of any realty held by a partnership or other entity treated as a partnership for federal income tax purposes, no levy shall be imposed pursuant to this part by reason of any transfer of an interest in the partnership or other entity or otherwise, if both of the following occur: (1) The partnership or other entity treated as a partnership is considered a continuing partnership within the meaning of Section 708 of the Internal Revenue Code of 1986. (2) The continuing partnership or other entity treated as a partnership continues to hold the realty concerned. (b) If there is a termination of any partnership or other entity treated as a partnership for federal income tax purposes, within the meaning of Section 708 of the Internal Revenue Code of 1986, for purposes of this part, the partnership or other entity shall be treated as having executed an instrument whereby there was conveyed, for fair market value (exclusive of the value of any lien or encumbrance remaining thereon), all realty held by the partnership or other entity at the time of the termination. (c) Not more than one tax shall be imposed pursuant to this part by a county, city and county or city by reason of a termination described in subdivision (b), and any transfer pursuant thereto, with respect to the realty held by a partnership or other entity treated as a partnership at the time of the termination. (d) No levy shall be imposed pursuant to this part by reason of any transfer between an individual or individuals and a legal entity or between legal entities that results solely in a change in the method of holding title to the realty and in which proportional ownership interests in the realty, whether represented by stock, membership interest, partnership interest, cotenancy interest, or otherwise, directly or indirectly, remain the same immediately after the transfer. (Amended by Stats. 1999, Ch. 75, Sec. 1. Effective January 1, 2000.)
  78. 11926.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 6.7. DOCUMENTARY TRANSFER TAX ACT [11901 - 11935] ( Heading of Part 6.7 amended by Stats. 1968, Ch. 17. ) ## CHAPTER 3. Exemptions [11921 - 11930.5] ( Chapter 3 added by Stats. 1967, Ch. 1332. )

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    Documentary transfer tax does not apply to certain foreclosure-related deeds, instruments, or writings to a beneficiary or mortgagee, except to the extent the consideration exceeds the unpaid debt plus accrued interest and foreclosure costs.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 6.7. DOCUMENTARY TRANSFER TAX ACT [11901 - 11935] ( Heading of Part 6.7 amended by Stats. 1968, Ch. 17. ) ## CHAPTER 3. Exemptions [11921 - 11930.5] ( Chapter 3 added by Stats. 1967, Ch. 1332. ) ## 11926. Any tax imposed pursuant to this part shall not apply with respect to any deed, instrument, or writing to a beneficiary or mortgagee, which is taken from the mortgagor or trustor as a result of or in lieu of foreclosure; provided, that such tax shall apply to the extent that the consideration exceeds the unpaid debt, including accrued interest and cost of foreclosure. Consideration, unpaid debt amount and identification of grantee as beneficiary or mortgagee shall be noted on said deed, instrument or writing or stated in an affidavit or declaration under penalty of perjury for tax purposes. (Amended by Stats. 1974, Ch. 413.)
  79. 11927.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 6.7. DOCUMENTARY TRANSFER TAX ACT [11901 - 11935] ( Heading of Part 6.7 amended by Stats. 1968, Ch. 17. ) ## CHAPTER 3. Exemptions [11921 - 11930.5] ( Chapter 3 added by Stats. 1967, Ch. 1332. )

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    This section exempts certain spousal property-division documents from the documentary transfer tax, if they are part of a qualifying divorce, legal separation, nullity, or related Family Code order or written agreement.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 6.7. DOCUMENTARY TRANSFER TAX ACT [11901 - 11935] ( Heading of Part 6.7 amended by Stats. 1968, Ch. 17. ) ## CHAPTER 3. Exemptions [11921 - 11930.5] ( Chapter 3 added by Stats. 1967, Ch. 1332. ) ## 11927. (a) Any tax imposed pursuant to this part shall not apply with respect to any deed, instrument, or other writing which purports to transfer, divide, or allocate community, quasi-community, or quasi-marital property assets between spouses for the purpose of effecting a division of community, quasi-community, or quasi-marital property which is required by a judgment decreeing a dissolution of the marriage or legal separation, by a judgment of nullity, or by any other judgment or order rendered pursuant to the Family Code, or by a written agreement between the spouses, executed in contemplation of any such judgment or order, whether or not the written agreement is incorporated as part of any of those judgments or orders. (b) In order to qualify for the exemption provided in subdivision (a), the deed, instrument, or other writing shall include a written recital, signed by either spouse, stating that the deed, instrument, or other writing is entitled to the exemption. (Amended by Stats. 1992, Ch. 163, Sec. 133. Effective January 1, 1993. Operative January 1, 1994, by Sec. 161 of Ch. 163.)
  80. 11928.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 6.7. DOCUMENTARY TRANSFER TAX ACT [11901 - 11935] ( Heading of Part 6.7 amended by Stats. 1968, Ch. 17. ) ## CHAPTER 3. Exemptions [11921 - 11930.5] ( Chapter 3 added by Stats. 1967, Ch. 1332. )

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    This section exempts certain deeds and similar writings from the documentary transfer tax when California or a California public entity conveys real property and the purchaser agrees to immediately reconvey it to the exempt agency.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 6.7. DOCUMENTARY TRANSFER TAX ACT [11901 - 11935] ( Heading of Part 6.7 amended by Stats. 1968, Ch. 17. ) ## CHAPTER 3. Exemptions [11921 - 11930.5] ( Chapter 3 added by Stats. 1967, Ch. 1332. ) ## 11928. Any tax imposed pursuant to this part shall not apply with respect to any deed, instrument, or other writing by which realty is conveyed by the State of California, any political subdivision thereof, or agency or instrumentality of either thereof, pursuant to an agreement whereby the purchaser agrees to immediately reconvey the realty to the exempt agency. (Added by Stats. 1987, Ch. 301, Sec. 1.)
  81. 11929.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 6.7. DOCUMENTARY TRANSFER TAX ACT [11901 - 11935] ( Heading of Part 6.7 amended by Stats. 1968, Ch. 17. ) ## CHAPTER 3. Exemptions [11921 - 11930.5] ( Chapter 3 added by Stats. 1967, Ch. 1332. )

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    This section exempts certain California government-to-nonprofit real estate conveyances from the documentary transfer tax.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 6.7. DOCUMENTARY TRANSFER TAX ACT [11901 - 11935] ( Heading of Part 6.7 amended by Stats. 1968, Ch. 17. ) ## CHAPTER 3. Exemptions [11921 - 11930.5] ( Chapter 3 added by Stats. 1967, Ch. 1332. ) ## 11929. Any tax imposed pursuant to this part shall not apply with respect to any deed, instrument, or other writing by which the State of California, any political subdivision thereof, or agency or instrumentality of either thereof, conveys to a nonprofit corporation realty the acquisition, construction, or improvement of which was financed or refinanced by obligations issued by the nonprofit corporation on behalf of a governmental unit, within the meaning of Section 1.103-1 (b) of Title 26 of the Code of Federal Regulations. (Added by Stats. 1987, Ch. 301, Sec. 2.)
  82. 11930.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 6.7. DOCUMENTARY TRANSFER TAX ACT [11901 - 11935] ( Heading of Part 6.7 amended by Stats. 1968, Ch. 17. ) ## CHAPTER 3. Exemptions [11921 - 11930.5] ( Chapter 3 added by Stats. 1967, Ch. 1332. )

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    This section exempts certain deeds and related writings from the documentary transfer tax when property is transferred outright or in trust because of an inter vivos gift or a person’s death.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 6.7. DOCUMENTARY TRANSFER TAX ACT [11901 - 11935] ( Heading of Part 6.7 amended by Stats. 1968, Ch. 17. ) ## CHAPTER 3. Exemptions [11921 - 11930.5] ( Chapter 3 added by Stats. 1967, Ch. 1332. ) ## 11930. Any tax imposed pursuant to this part shall not apply to any deed, instrument, or other writing which purports to grant, assign, transfer, convey, divide, allocate, or vest lands, tenements, or realty, or any interest therein, if by reason of such inter vivos gift or by reason of the death of any person, such lands, tenements, realty, or interests therein are transferred outright to, or in trust for the benefit of, any person or entity. (Added by Stats. 1996, Ch. 862, Sec. 48. Effective January 1, 1997.)
  83. 11930.5.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 6.7. DOCUMENTARY TRANSFER TAX ACT [11901 - 11935] ( Heading of Part 6.7 amended by Stats. 1968, Ch. 17. ) ## CHAPTER 3. Exemptions [11921 - 11930.5] ( Chapter 3 added by Stats. 1967, Ch. 1332. )

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    This section exempts qualifying tribal land return transaction documents from the documentary transfer tax, and it is repealed on January 1, 2031.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 6.7. DOCUMENTARY TRANSFER TAX ACT [11901 - 11935] ( Heading of Part 6.7 amended by Stats. 1968, Ch. 17. ) ## CHAPTER 3. Exemptions [11921 - 11930.5] ( Chapter 3 added by Stats. 1967, Ch. 1332. ) ## 11930.5. (a) Any tax imposed pursuant to this part shall not apply with respect to any deed, instrument, or other writing to make effective a tribal land return transaction. (b) For purposes of this section, “tribal land return transaction” means a land return acquisition that transfers ownership of land to a federally recognized tribe or a wholly owned subsidiary of a federally recognized Indian tribe in fee simple and that includes restrictive covenants that prohibit that tribe from engaging in commercial activities on the land and restricts the uses to cultural, educational, recreational, or conservation purposes. (c) This section shall remain in effect only until January 1, 2031, and as of that date is repealed. (Added by Stats. 2026, Ch. 2, Sec. 2. (AB 1485) Effective February 10, 2026. Repealed as of January 1, 2031, by its own provisions.)
  84. 11931.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 6.7. DOCUMENTARY TRANSFER TAX ACT [11901 - 11935] ( Heading of Part 6.7 amended by Stats. 1968, Ch. 17. ) ## CHAPTER 4. Administration [11931 - 11935] ( Chapter 4 added by Stats. 1967, Ch. 1332. )

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    A county must grant a tax credit in certain matching-city-tax cases, collect the taxes under this part, and have the county auditor allocate the proceeds according to the section’s rules.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 6.7. DOCUMENTARY TRANSFER TAX ACT [11901 - 11935] ( Heading of Part 6.7 amended by Stats. 1968, Ch. 17. ) ## CHAPTER 4. Administration [11931 - 11935] ( Chapter 4 added by Stats. 1967, Ch. 1332. ) ## 11931. If the legislative body of any city imposes a tax pursuant to subdivision (b) of Section 11911 equal to one-half the amount specified in subdivision (a) of Section 11911, the county in which such city is located shall grant a credit against the county tax in the amount of the city tax if the city’s tax conforms to this part. The county shall collect all taxes imposed pursuant to this part and the county auditor shall allocate the proceeds as follows: (1) All money which relates to transfers of real property located in unincorporated areas of the county or in a city and county shall be allocated to the county or city and county, as the case may be. (2) All money which relates to transfers of real property located in a city which imposes a tax on transfers of real property pursuant to this part shall be allocated one-half to such city and one-half to the county. (3) All money which relates to transfers of real property located in a city which imposes a tax on transfers of real property not in conformity with this part shall not be credited against the county tax and the entire amount collected by the county shall be allocated entirely to the county. (4) All money which relates to transfers of real property in a city which does not impose a tax on transfers of real property shall be allocated entirely to the county. (Added by renumbering Section 11932 by Stats. 1968, Ch. 17.)
  85. 11932.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 6.7. DOCUMENTARY TRANSFER TAX ACT [11901 - 11935] ( Heading of Part 6.7 amended by Stats. 1968, Ch. 17. ) ## CHAPTER 4. Administration [11931 - 11935] ( Chapter 4 added by Stats. 1967, Ch. 1332. )

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    If a county has imposed this tax, any taxable document submitted for recordation must state the tax due and the property’s incorporated or unincorporated location on the face of the document.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 6.7. DOCUMENTARY TRANSFER TAX ACT [11901 - 11935] ( Heading of Part 6.7 amended by Stats. 1968, Ch. 17. ) ## CHAPTER 4. Administration [11931 - 11935] ( Chapter 4 added by Stats. 1967, Ch. 1332. ) ## 11932. If a county has imposed a tax pursuant to this part, every document subject to tax that is submitted for recordation shall show on the face of the document the amount of tax due and the incorporated or unincorporated location of the lands, tenements, or other realty described in the document. (Amended by Stats. 2014, Ch. 20, Sec. 1. (AB 1888) Effective January 1, 2015.)
  86. 11933.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 6.7. DOCUMENTARY TRANSFER TAX ACT [11901 - 11935] ( Heading of Part 6.7 amended by Stats. 1968, Ch. 17. ) ## CHAPTER 4. Administration [11931 - 11935] ( Chapter 4 added by Stats. 1967, Ch. 1332. )

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    If a county has imposed this tax, the recorder may not record a covered document unless the tax is paid when it is recorded.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 6.7. DOCUMENTARY TRANSFER TAX ACT [11901 - 11935] ( Heading of Part 6.7 amended by Stats. 1968, Ch. 17. ) ## CHAPTER 4. Administration [11931 - 11935] ( Chapter 4 added by Stats. 1967, Ch. 1332. ) ## 11933. If a county has imposed a tax pursuant to this part, the recorder shall not record any deed, instrument, or writing subject to the tax imposed pursuant to this part, unless the tax is paid at the time of recording. A declaration of the amount of tax due, signed by the party determining the tax or his or her agent, shall appear on the face of the document in compliance with Section 11932, and the recorder may rely on that declaration if the recorder has no reason to believe that the full amount of the tax due has not been paid. The declaration shall include a statement that the consideration or value on which the tax due was computed either was, or was not, exclusive of the value of a lien or encumbrance remaining on the interest or property conveyed at the time of sale. Failure to collect the tax due shall not affect the constructive notice otherwise imparted by recording a deed, instrument, or writing. (Amended by Stats. 2014, Ch. 20, Sec. 2. (AB 1888) Effective January 1, 2015.)
  87. 11934.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 6.7. DOCUMENTARY TRANSFER TAX ACT [11901 - 11935] ( Heading of Part 6.7 amended by Stats. 1968, Ch. 17. ) ## CHAPTER 4. Administration [11931 - 11935] ( Chapter 4 added by Stats. 1967, Ch. 1332. )

    Verify source ↗

    Claims for refunds of taxes under this part are handled under Chapter 5, starting with Section 5096, of Part 9 of Division 1 of the code.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 6.7. DOCUMENTARY TRANSFER TAX ACT [11901 - 11935] ( Heading of Part 6.7 amended by Stats. 1968, Ch. 17. ) ## CHAPTER 4. Administration [11931 - 11935] ( Chapter 4 added by Stats. 1967, Ch. 1332. ) ## 11934. Claims for refunds of taxes imposed pursuant to this part shall be governed by the provisions of Chapter 5 (commencing with Section 5096) of Part 9 of Division 1 of this code. (Added by renumbering Section 11935 by Stats. 1968, Ch. 17.)
  88. 11935.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 6.7. DOCUMENTARY TRANSFER TAX ACT [11901 - 11935] ( Heading of Part 6.7 amended by Stats. 1968, Ch. 17. ) ## CHAPTER 4. Administration [11931 - 11935] ( Chapter 4 added by Stats. 1967, Ch. 1332. )

    Verify source ↗

    An ordinance under this part may add an administrative appeal process for documentary transfer tax disputes.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 6.7. DOCUMENTARY TRANSFER TAX ACT [11901 - 11935] ( Heading of Part 6.7 amended by Stats. 1968, Ch. 17. ) ## CHAPTER 4. Administration [11931 - 11935] ( Chapter 4 added by Stats. 1967, Ch. 1332. ) ## 11935. (a) Any ordinance adopted pursuant to this part may include an administrative appeal process for resolution of disputes related to the documentary transfer tax. (b) Whether the amount of documentary transfer tax is determined by an administrative appeal process or established by a court of law, the value of the property established for purposes of determining the amount of documentary transfer tax due shall not be binding on the determination of the value of that property for property tax purposes by the county assessor, by an assessment appeals board, or by a court of law reviewing property tax values established by an assessment appeals board. (Added by Stats. 2009, Ch. 622, Sec. 6. (SB 816) Effective January 1, 2010.)
  89. 12.

    ## Revenue and Taxation Code - RTC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1939, Ch. 154. )

    Verify source ↗

    For this code section, masculine words include feminine and neuter words.

    ## Revenue and Taxation Code - RTC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1939, Ch. 154. ) ## 12. The masculine gender includes the feminine and neuter. (Enacted by Stats. 1939, Ch. 154.)
  90. 12.2.

    ## Revenue and Taxation Code - RTC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1939, Ch. 154. )

    Verify source ↗

    For this code section, “spouse” includes a registered domestic partner.

    ## Revenue and Taxation Code - RTC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1939, Ch. 154. ) ## 12.2. “Spouse” includes “registered domestic partner,” as required by Section 297.5 of the Family Code. (Added by Stats. 2016, Ch. 50, Sec. 94. (SB 1005) Effective January 1, 2017.)
  91. 12001.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 7. INSURANCE TAXATION [12001 - 13170] ( Part 7 added by Stats. 1941, Ch. 113. ) ## CHAPTER 1. General Provisions [12001 - 12009] ( Chapter 1 added by Stats. 1941, Ch. 113. ) ## ARTICLE 1. Definitions [12001 - 12009] ( Article 1 added by Stats. 1941, Ch. 113. )

    Verify source ↗

    This section says the article’s definitions control how this part is read, unless the context requires otherwise.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 7. INSURANCE TAXATION [12001 - 13170] ( Part 7 added by Stats. 1941, Ch. 113. ) ## CHAPTER 1. General Provisions [12001 - 12009] ( Chapter 1 added by Stats. 1941, Ch. 113. ) ## ARTICLE 1. Definitions [12001 - 12009] ( Article 1 added by Stats. 1941, Ch. 113. ) ## 12001. Unless the context otherwise requires, the definitions set forth in this article govern the construction of this part. (Added by Stats. 1941, Ch. 113.)
  92. 12002.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 7. INSURANCE TAXATION [12001 - 13170] ( Part 7 added by Stats. 1941, Ch. 113. ) ## CHAPTER 1. General Provisions [12001 - 12009] ( Chapter 1 added by Stats. 1941, Ch. 113. ) ## ARTICLE 1. Definitions [12001 - 12009] ( Article 1 added by Stats. 1941, Ch. 113. )

    Verify source ↗

    This section defines “ocean marine insurance” and says certain hull-related coverage is excluded from that term for a specific tax purpose unless stated conditions are met.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 7. INSURANCE TAXATION [12001 - 13170] ( Part 7 added by Stats. 1941, Ch. 113. ) ## CHAPTER 1. General Provisions [12001 - 12009] ( Chapter 1 added by Stats. 1941, Ch. 113. ) ## ARTICLE 1. Definitions [12001 - 12009] ( Article 1 added by Stats. 1941, Ch. 113. ) ## 12002. “Ocean marine insurance” means insurance written within this state upon hulls, freights, or disbursements, or upon goods, wares, merchandise, and all other personal property and interests therein, in course of exportation from, importation into any country, or transportation coastwise, including transportation by land or water from point of origin to final destination in respect to, appertaining to, or in connection with, any and all risks or perils of navigation, transit or transportation, any portion of which exportation, importation, transportation, navigation, transit, or shipment is upon any ocean, and upon the property while being prepared for and while awaiting shipment, and during any delays, storage, transshipment or reshipment incident to or in connection with the shipment or transportation. “Ocean marine insurance” includes marine builders and war-risk insurance. “Ocean marine insurance” does not, for the purpose of taxation of such insurance as provided in subdivision (g) of Section 28 of Article XIII of the Constitution, include insurance written upon: (a) A hull, which is not a documented vessel registered with the Transportation Department of the United States; or (b) Anything carried in, attached to, used in transportation of or any risk written in connection with any hull defined in (a) above, unless: The insurance is upon a customary ocean marine form and such hull and the risks mentioned in (b) above are covered for one who is in the business of: (1) Renting or chartering boats; (2) Using boats himself for commercial purposes; or (3) Building or repairing boats. Insurance not included in “ocean marine insurance” by this section shall be taxed in accordance with the other provisions of subdivision (g) of Section 28 of Article XIII of the Constitution. The 1969 amendment of this section shall be construed as a restatement and continuation of the law existing prior to such amendment. (Amended by Stats. 1974, Ch. 311.)
  93. 12003.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 7. INSURANCE TAXATION [12001 - 13170] ( Part 7 added by Stats. 1941, Ch. 113. ) ## CHAPTER 1. General Provisions [12001 - 12009] ( Chapter 1 added by Stats. 1941, Ch. 113. ) ## ARTICLE 1. Definitions [12001 - 12009] ( Article 1 added by Stats. 1941, Ch. 113. )

    Verify source ↗

    This section defines “insurer” and “companies” for this part.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 7. INSURANCE TAXATION [12001 - 13170] ( Part 7 added by Stats. 1941, Ch. 113. ) ## CHAPTER 1. General Provisions [12001 - 12009] ( Chapter 1 added by Stats. 1941, Ch. 113. ) ## ARTICLE 1. Definitions [12001 - 12009] ( Article 1 added by Stats. 1941, Ch. 113. ) ## 12003. “Insurer” as used in this part includes each of the following: (a) Insurance companies or associations. (b) Reciprocal or interinsurance exchanges, together with their corporate or other attorneys in fact considered as a single unit. (c) The State Compensation Insurance Fund. As used in this section, “companies” includes persons, partnerships, joint stock associations, companies and corporations. (Amended by Stats. 1967, Ch. 1007.)
  94. 12004.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 7. INSURANCE TAXATION [12001 - 13170] ( Part 7 added by Stats. 1941, Ch. 113. ) ## CHAPTER 1. General Provisions [12001 - 12009] ( Chapter 1 added by Stats. 1941, Ch. 113. ) ## ARTICLE 1. Definitions [12001 - 12009] ( Article 1 added by Stats. 1941, Ch. 113. )

    Verify source ↗

    This section defines “marine insurer” as an insurer that transacts ocean marine insurance.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 7. INSURANCE TAXATION [12001 - 13170] ( Part 7 added by Stats. 1941, Ch. 113. ) ## CHAPTER 1. General Provisions [12001 - 12009] ( Chapter 1 added by Stats. 1941, Ch. 113. ) ## ARTICLE 1. Definitions [12001 - 12009] ( Article 1 added by Stats. 1941, Ch. 113. ) ## 12004. “Marine insurer” means an insurer transacting ocean marine insurance. (Added by Stats. 1941, Ch. 113.)
  95. 12005.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 7. INSURANCE TAXATION [12001 - 13170] ( Part 7 added by Stats. 1941, Ch. 113. ) ## CHAPTER 1. General Provisions [12001 - 12009] ( Chapter 1 added by Stats. 1941, Ch. 113. ) ## ARTICLE 1. Definitions [12001 - 12009] ( Article 1 added by Stats. 1941, Ch. 113. )

    Verify source ↗

    This section defines “Taxes” for this part.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 7. INSURANCE TAXATION [12001 - 13170] ( Part 7 added by Stats. 1941, Ch. 113. ) ## CHAPTER 1. General Provisions [12001 - 12009] ( Chapter 1 added by Stats. 1941, Ch. 113. ) ## ARTICLE 1. Definitions [12001 - 12009] ( Article 1 added by Stats. 1941, Ch. 113. ) ## 12005. “Taxes” means the taxes assessed and levied, or which may be assessed and levied, under the provisions of Section 28 of Article XIII of the State Constitution and of this part. (Amended by Stats. 1974, Ch. 311.)
  96. 12006.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 7. INSURANCE TAXATION [12001 - 13170] ( Part 7 added by Stats. 1941, Ch. 113. ) ## CHAPTER 1. General Provisions [12001 - 12009] ( Chapter 1 added by Stats. 1941, Ch. 113. ) ## ARTICLE 1. Definitions [12001 - 12009] ( Article 1 added by Stats. 1941, Ch. 113. )

    Verify source ↗

    “Board” means the State Board of Equalization.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 7. INSURANCE TAXATION [12001 - 13170] ( Part 7 added by Stats. 1941, Ch. 113. ) ## CHAPTER 1. General Provisions [12001 - 12009] ( Chapter 1 added by Stats. 1941, Ch. 113. ) ## ARTICLE 1. Definitions [12001 - 12009] ( Article 1 added by Stats. 1941, Ch. 113. ) ## 12006. “Board” means the State Board of Equalization. (Added by Stats. 1961, Ch. 740.)
  97. 12007.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 7. INSURANCE TAXATION [12001 - 13170] ( Part 7 added by Stats. 1941, Ch. 113. ) ## CHAPTER 1. General Provisions [12001 - 12009] ( Chapter 1 added by Stats. 1941, Ch. 113. ) ## ARTICLE 1. Definitions [12001 - 12009] ( Article 1 added by Stats. 1941, Ch. 113. )

    Verify source ↗

    “Commissioner” means the State Insurance Commissioner.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 7. INSURANCE TAXATION [12001 - 13170] ( Part 7 added by Stats. 1941, Ch. 113. ) ## CHAPTER 1. General Provisions [12001 - 12009] ( Chapter 1 added by Stats. 1941, Ch. 113. ) ## ARTICLE 1. Definitions [12001 - 12009] ( Article 1 added by Stats. 1941, Ch. 113. ) ## 12007. “Commissioner” means the State Insurance Commissioner. (Added by Stats. 1961, Ch. 740.)
  98. 12008.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 7. INSURANCE TAXATION [12001 - 13170] ( Part 7 added by Stats. 1941, Ch. 113. ) ## CHAPTER 1. General Provisions [12001 - 12009] ( Chapter 1 added by Stats. 1941, Ch. 113. ) ## ARTICLE 1. Definitions [12001 - 12009] ( Article 1 added by Stats. 1941, Ch. 113. )

    Verify source ↗

    “Controller” means the State Controller.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 7. INSURANCE TAXATION [12001 - 13170] ( Part 7 added by Stats. 1941, Ch. 113. ) ## CHAPTER 1. General Provisions [12001 - 12009] ( Chapter 1 added by Stats. 1941, Ch. 113. ) ## ARTICLE 1. Definitions [12001 - 12009] ( Article 1 added by Stats. 1941, Ch. 113. ) ## 12008. “Controller” means the State Controller. (Added by Stats. 1961, Ch. 740.)
  99. 12009.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 7. INSURANCE TAXATION [12001 - 13170] ( Part 7 added by Stats. 1941, Ch. 113. ) ## CHAPTER 1. General Provisions [12001 - 12009] ( Chapter 1 added by Stats. 1941, Ch. 113. ) ## ARTICLE 1. Definitions [12001 - 12009] ( Article 1 added by Stats. 1941, Ch. 113. )

    Verify source ↗

    This section defines “Medi-Cal managed care plan” or “plan” and says the section becomes operative on July 1, 2012.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 7. INSURANCE TAXATION [12001 - 13170] ( Part 7 added by Stats. 1941, Ch. 113. ) ## CHAPTER 1. General Provisions [12001 - 12009] ( Chapter 1 added by Stats. 1941, Ch. 113. ) ## ARTICLE 1. Definitions [12001 - 12009] ( Article 1 added by Stats. 1941, Ch. 113. ) ## 12009. (a) “Medi-Cal managed care plan” or “plan” means any individual, organization, or entity, other than an insurer as described in Section 12003 or a dental managed care plan as described in Section 14087.46 of the Welfare and Institutions Code, that enters into a contract with the State Department of Health Care Services pursuant to Article 2.7 (commencing with Section 14087.3), Article 2.8 (commencing with Section 14087.5), Article 2.81 (commencing with Section 14087.96), Article 2.82 (commencing with Section 14087.98), Article 2.9 (commencing with Section 14088), or Article 2.91 (commencing with Section 14089) of Chapter 7 of, or pursuant to Article 1 (commencing with Section 14200) or Article 7 (commencing with Section 14490) of Chapter 8 of, Part 3 of Division 9 of the Welfare and Institutions Code. (b) This section shall become operative on July 1, 2012. (Added by Stats. 2013, Ch. 33, Sec. 2. (SB 78) Effective June 27, 2013. Section operative as of July 1, 2012, by its own provisions.)
  100. 12071.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 7. INSURANCE TAXATION [12001 - 13170] ( Part 7 added by Stats. 1941, Ch. 113. ) ## CHAPTER 2. Ocean Marine Insurance [12071 - 12107] ( Chapter 2 added by Stats. 1941, Ch. 113. ) ## ARTICLE 1. Definitions [12071 - 12078] ( Article 1 added by Stats. 1941, Ch. 113. )

    Verify source ↗

    The definitions in this article apply to ocean marine insurance.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 7. INSURANCE TAXATION [12001 - 13170] ( Part 7 added by Stats. 1941, Ch. 113. ) ## CHAPTER 2. Ocean Marine Insurance [12071 - 12107] ( Chapter 2 added by Stats. 1941, Ch. 113. ) ## ARTICLE 1. Definitions [12071 - 12078] ( Article 1 added by Stats. 1941, Ch. 113. ) ## 12071. The definitions contained in this article apply with respect to ocean marine insurance. (Amended by Stats. 1961, Ch. 740.)
  101. 12072.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 7. INSURANCE TAXATION [12001 - 13170] ( Part 7 added by Stats. 1941, Ch. 113. ) ## CHAPTER 2. Ocean Marine Insurance [12071 - 12107] ( Chapter 2 added by Stats. 1941, Ch. 113. ) ## ARTICLE 1. Definitions [12071 - 12078] ( Article 1 added by Stats. 1941, Ch. 113. )

    Verify source ↗

    “Current calendar year” means the calendar year used to compute underwriting profit under Section 12073.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 7. INSURANCE TAXATION [12001 - 13170] ( Part 7 added by Stats. 1941, Ch. 113. ) ## CHAPTER 2. Ocean Marine Insurance [12071 - 12107] ( Chapter 2 added by Stats. 1941, Ch. 113. ) ## ARTICLE 1. Definitions [12071 - 12078] ( Article 1 added by Stats. 1941, Ch. 113. ) ## 12072. “Current calendar year” means the calendar year for which underwriting profit is computed pursuant to Section 12073. (Added by Stats. 1941, Ch. 113.)
  102. 12073.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 7. INSURANCE TAXATION [12001 - 13170] ( Part 7 added by Stats. 1941, Ch. 113. ) ## CHAPTER 2. Ocean Marine Insurance [12071 - 12107] ( Chapter 2 added by Stats. 1941, Ch. 113. ) ## ARTICLE 1. Definitions [12071 - 12078] ( Article 1 added by Stats. 1941, Ch. 113. )

    Verify source ↗

    This section defines “underwriting profit” for a calendar year and limits deductible expenses to no more than 40% of gross premiums on certain ocean marine insurance contracts.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 7. INSURANCE TAXATION [12001 - 13170] ( Part 7 added by Stats. 1941, Ch. 113. ) ## CHAPTER 2. Ocean Marine Insurance [12071 - 12107] ( Chapter 2 added by Stats. 1941, Ch. 113. ) ## ARTICLE 1. Definitions [12071 - 12078] ( Article 1 added by Stats. 1941, Ch. 113. ) ## 12073. “Underwriting profit,” as respects any one calendar year, means the amount arrived at by deducting from the net earned premiums of that calendar year on ocean marine insurance contracts written within the United States: (a) Losses incurred. (b) Expenses incurred. In arriving at “underwriting profit” there shall not be deducted as expenses incurred an amount exceeding 40 per cent of the gross premiums on ocean marine insurance contracts written during the current calendar year. (Added by Stats. 1941, Ch. 113.)
  103. 12074.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 7. INSURANCE TAXATION [12001 - 13170] ( Part 7 added by Stats. 1941, Ch. 113. ) ## CHAPTER 2. Ocean Marine Insurance [12071 - 12107] ( Chapter 2 added by Stats. 1941, Ch. 113. ) ## ARTICLE 1. Definitions [12071 - 12078] ( Article 1 added by Stats. 1941, Ch. 113. )

    Verify source ↗

    This section defines “net earned premiums” for ocean marine insurance.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 7. INSURANCE TAXATION [12001 - 13170] ( Part 7 added by Stats. 1941, Ch. 113. ) ## CHAPTER 2. Ocean Marine Insurance [12071 - 12107] ( Chapter 2 added by Stats. 1941, Ch. 113. ) ## ARTICLE 1. Definitions [12071 - 12078] ( Article 1 added by Stats. 1941, Ch. 113. ) ## 12074. “Net earned premiums” means the amount arrived at by: (a) Deducting all return premiums, premiums on policies not taken, and premiums paid for reinsurance, from (b) Gross premiums on ocean marine insurance contracts written during the current calendar year, to which remainder is added (c) Unearned premiums on outstanding ocean marine business at the end of the preceding calendar year, and from which sum is deducted (d) Unearned premiums on outstanding ocean marine business at the end of the current calendar year. (Added by Stats. 1941, Ch. 113.)
  104. 12075.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 7. INSURANCE TAXATION [12001 - 13170] ( Part 7 added by Stats. 1941, Ch. 113. ) ## CHAPTER 2. Ocean Marine Insurance [12071 - 12107] ( Chapter 2 added by Stats. 1941, Ch. 113. ) ## ARTICLE 1. Definitions [12071 - 12078] ( Article 1 added by Stats. 1941, Ch. 113. )

    Verify source ↗

    This section defines “losses incurred” for ocean marine insurance.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 7. INSURANCE TAXATION [12001 - 13170] ( Part 7 added by Stats. 1941, Ch. 113. ) ## CHAPTER 2. Ocean Marine Insurance [12071 - 12107] ( Chapter 2 added by Stats. 1941, Ch. 113. ) ## ARTICLE 1. Definitions [12071 - 12078] ( Article 1 added by Stats. 1941, Ch. 113. ) ## 12075. “Losses incurred” means gross losses incurred during the current calendar year under ocean marine contracts written within the United States, less reinsurance claims collected or collectible and salvages or recoveries collectible from any source applicable to the losses. (Added by Stats. 1941, Ch. 113.)
  105. 12076.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 7. INSURANCE TAXATION [12001 - 13170] ( Part 7 added by Stats. 1941, Ch. 113. ) ## CHAPTER 2. Ocean Marine Insurance [12071 - 12107] ( Chapter 2 added by Stats. 1941, Ch. 113. ) ## ARTICLE 1. Definitions [12071 - 12078] ( Article 1 added by Stats. 1941, Ch. 113. )

    Verify source ↗

    “Expenses incurred” includes specific and general expenses incurred in the current calendar year on ocean marine contracts written within the United States.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 7. INSURANCE TAXATION [12001 - 13170] ( Part 7 added by Stats. 1941, Ch. 113. ) ## CHAPTER 2. Ocean Marine Insurance [12071 - 12107] ( Chapter 2 added by Stats. 1941, Ch. 113. ) ## ARTICLE 1. Definitions [12071 - 12078] ( Article 1 added by Stats. 1941, Ch. 113. ) ## 12076. “Expenses incurred” includes specific and general expenses incurred in the current calendar year on ocean marine contracts written within the United States. (Added by Stats. 1941, Ch. 113.)
  106. 12077.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 7. INSURANCE TAXATION [12001 - 13170] ( Part 7 added by Stats. 1941, Ch. 113. ) ## CHAPTER 2. Ocean Marine Insurance [12071 - 12107] ( Chapter 2 added by Stats. 1941, Ch. 113. ) ## ARTICLE 1. Definitions [12071 - 12078] ( Article 1 added by Stats. 1941, Ch. 113. )

    Verify source ↗

    This section defines “specific expenses” for ocean marine insurance.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 7. INSURANCE TAXATION [12001 - 13170] ( Part 7 added by Stats. 1941, Ch. 113. ) ## CHAPTER 2. Ocean Marine Insurance [12071 - 12107] ( Chapter 2 added by Stats. 1941, Ch. 113. ) ## ARTICLE 1. Definitions [12071 - 12078] ( Article 1 added by Stats. 1941, Ch. 113. ) ## 12077. “Specific expenses” means expenses incurred directly and specifically in connection with earned ocean marine premiums, including all commissions, agency expenses, taxes, licenses, fees, and loss-adjustment expenses, less recoveries or reimbursements on account of or in connection with the commissions or other expenses collected or collectible because of reinsurance or from any other source. (Added by Stats. 1941, Ch. 113.)
  107. 12078.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 7. INSURANCE TAXATION [12001 - 13170] ( Part 7 added by Stats. 1941, Ch. 113. ) ## CHAPTER 2. Ocean Marine Insurance [12071 - 12107] ( Chapter 2 added by Stats. 1941, Ch. 113. ) ## ARTICLE 1. Definitions [12071 - 12078] ( Article 1 added by Stats. 1941, Ch. 113. )

    Verify source ↗

    This section defines “General expenses” for ocean marine insurance taxation.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 7. INSURANCE TAXATION [12001 - 13170] ( Part 7 added by Stats. 1941, Ch. 113. ) ## CHAPTER 2. Ocean Marine Insurance [12071 - 12107] ( Chapter 2 added by Stats. 1941, Ch. 113. ) ## ARTICLE 1. Definitions [12071 - 12078] ( Article 1 added by Stats. 1941, Ch. 113. ) ## 12078. “General expenses” means the portion of expenses not chargeable specifically to a particular class of insurance which is allocated to earned ocean marine premiums, consisting of that proportion of general or overhead expenses, including salaries of officers and employees, printing and stationery, and taxes of this State and of the United States, which the net premiums of ocean marine insurance written by the insurer bear to the total net premiums from all classes of insurance written by it during the current calendar year. (Added by Stats. 1941, Ch. 113.)
  108. 121.

    ## Revenue and Taxation Code - RTC ## DIVISION 1. PROPERTY TAXATION [50 - 5911] ( Division 1 enacted by Stats. 1939, Ch. 154. ) ## PART 1. GENERAL PROVISIONS [101 - 198.1] ( Part 1 enacted by Stats. 1939, Ch. 154. ) ## CHAPTER 1. Construction [101 - 136] ( Chapter 1 enacted by Stats. 1939, Ch. 154. )

    Verify source ↗

    “Taxing agency” includes the State, county, city, and certain districts that assess property and levy taxes or assessments.

    ## Revenue and Taxation Code - RTC ## DIVISION 1. PROPERTY TAXATION [50 - 5911] ( Division 1 enacted by Stats. 1939, Ch. 154. ) ## PART 1. GENERAL PROVISIONS [101 - 198.1] ( Part 1 enacted by Stats. 1939, Ch. 154. ) ## CHAPTER 1. Construction [101 - 136] ( Chapter 1 enacted by Stats. 1939, Ch. 154. ) ## 121. “Taxing agency” includes the State, county, and city. “Taxing agency” also includes every district that assesses property for taxation purposes and levies taxes or assessments on the property so assessed. (Amended by Stats. 1941, Ch. 8.)
  109. 12101.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 7. INSURANCE TAXATION [12001 - 13170] ( Part 7 added by Stats. 1941, Ch. 113. ) ## CHAPTER 2. Ocean Marine Insurance [12071 - 12107] ( Chapter 2 added by Stats. 1941, Ch. 113. ) ## ARTICLE 2. Basis of Tax for Ocean Marine Insurance [12101 - 12107] ( Heading of Article 2 amended by Stats. 1961, Ch. 740. )

    Verify source ↗

    Insurers writing ocean marine insurance in this state must pay an annual state tax at a 5% rate.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 7. INSURANCE TAXATION [12001 - 13170] ( Part 7 added by Stats. 1941, Ch. 113. ) ## CHAPTER 2. Ocean Marine Insurance [12071 - 12107] ( Chapter 2 added by Stats. 1941, Ch. 113. ) ## ARTICLE 2. Basis of Tax for Ocean Marine Insurance [12101 - 12107] ( Heading of Article 2 amended by Stats. 1961, Ch. 740. ) ## 12101. Every insurer transacting the business of ocean marine insurance in this State shall annually pay to the State a tax measured by that portion of the underwriting profit of the insurer from ocean marine insurance written in the United States, which the gross premiums of the insurer from ocean marine insurance written in this State bear to the gross premiums of the insurer from ocean marine insurance written within the United States, at the rate of 5 per cent. (Added by Stats. 1941, Ch. 113.)
  110. 12102.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 7. INSURANCE TAXATION [12001 - 13170] ( Part 7 added by Stats. 1941, Ch. 113. ) ## CHAPTER 2. Ocean Marine Insurance [12071 - 12107] ( Chapter 2 added by Stats. 1941, Ch. 113. ) ## ARTICLE 2. Basis of Tax for Ocean Marine Insurance [12101 - 12107] ( Heading of Article 2 amended by Stats. 1961, Ch. 740. )

    Verify source ↗

    For marine insurers, this tax replaces other state, county, and municipal taxes and licenses, except for the listed exceptions.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 7. INSURANCE TAXATION [12001 - 13170] ( Part 7 added by Stats. 1941, Ch. 113. ) ## CHAPTER 2. Ocean Marine Insurance [12071 - 12107] ( Chapter 2 added by Stats. 1941, Ch. 113. ) ## ARTICLE 2. Basis of Tax for Ocean Marine Insurance [12101 - 12107] ( Heading of Article 2 amended by Stats. 1961, Ch. 740. ) ## 12102. The tax is in lieu of all other state, county and municipal taxes and licenses upon the marine insurer, except taxes upon real estate, any retaliatory exactions imposed by paragraph (3) of subdivision (f) of Section 28 of Article XIII of the Constitution, motor vehicle and other vehicle registration license fees and any other tax or license fee imposed by the state upon vehicles, motor vehicles or the operation thereof, and taxes assessed or levied against the insurer on account of any other class of insurance written by it. (Amended by Stats. 1974, Ch. 311.)
  111. 12103.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 7. INSURANCE TAXATION [12001 - 13170] ( Part 7 added by Stats. 1941, Ch. 113. ) ## CHAPTER 2. Ocean Marine Insurance [12071 - 12107] ( Chapter 2 added by Stats. 1941, Ch. 113. ) ## ARTICLE 2. Basis of Tax for Ocean Marine Insurance [12101 - 12107] ( Heading of Article 2 amended by Stats. 1961, Ch. 740. )

    Verify source ↗

    Except as provided in Section 12105, the tax for ocean marine insurance is computed each year using the insurer’s average annual underwriting profit from the preceding three calendar years.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 7. INSURANCE TAXATION [12001 - 13170] ( Part 7 added by Stats. 1941, Ch. 113. ) ## CHAPTER 2. Ocean Marine Insurance [12071 - 12107] ( Chapter 2 added by Stats. 1941, Ch. 113. ) ## ARTICLE 2. Basis of Tax for Ocean Marine Insurance [12101 - 12107] ( Heading of Article 2 amended by Stats. 1961, Ch. 740. ) ## 12103. Except as otherwise provided in Section 12105, the tax shall be computed each year upon the average annual underwriting profit of the insurer from ocean marine insurance during the preceding three calendar years. (Added by Stats. 1961, Ch. 740.)
  112. 12104.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 7. INSURANCE TAXATION [12001 - 13170] ( Part 7 added by Stats. 1941, Ch. 113. ) ## CHAPTER 2. Ocean Marine Insurance [12071 - 12107] ( Chapter 2 added by Stats. 1941, Ch. 113. ) ## ARTICLE 2. Basis of Tax for Ocean Marine Insurance [12101 - 12107] ( Heading of Article 2 amended by Stats. 1961, Ch. 740. )

    Verify source ↗

    If an insurer has transacted ocean marine insurance in California for each of the three preceding calendar years, the tax is calculated using a formula based on premiums, underwriting profit, and 5 percent.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 7. INSURANCE TAXATION [12001 - 13170] ( Part 7 added by Stats. 1941, Ch. 113. ) ## CHAPTER 2. Ocean Marine Insurance [12071 - 12107] ( Chapter 2 added by Stats. 1941, Ch. 113. ) ## ARTICLE 2. Basis of Tax for Ocean Marine Insurance [12101 - 12107] ( Heading of Article 2 amended by Stats. 1961, Ch. 740. ) ## 12104. If the insurer has transacted ocean marine insurance in this State in each of the three calendar years immediately preceding the year in which a tax return is required to be filed, the tax shall be computed as follows: (a) Divide the average annual premiums of the insurer from ocean marine insurance written by it in this State during the preceding three calendar years by the average annual premiums of the insurer from all ocean marine insurance written in the United States during such calendar years. (b) Multiply the insurer’s average annual underwriting profit from ocean marine insurance written within the United States during the preceding three calendar years by the figure derived in (a). (c) Multiply the amount derived in (b) by 5 percent. (Added by Stats. 1961, Ch. 740.)
  113. 12105.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 7. INSURANCE TAXATION [12001 - 13170] ( Part 7 added by Stats. 1941, Ch. 113. ) ## CHAPTER 2. Ocean Marine Insurance [12071 - 12107] ( Chapter 2 added by Stats. 1941, Ch. 113. ) ## ARTICLE 2. Basis of Tax for Ocean Marine Insurance [12101 - 12107] ( Heading of Article 2 amended by Stats. 1961, Ch. 740. )

    Verify source ↗

    If an insurer has not been writing ocean marine insurance in California for each of the prior three calendar years, its tax is based on last year’s premiums and underwriting profits. If it later comes within Section 12104, the prior two years’ taxes are adjusted to match the first tax under that section.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 7. INSURANCE TAXATION [12001 - 13170] ( Part 7 added by Stats. 1941, Ch. 113. ) ## CHAPTER 2. Ocean Marine Insurance [12071 - 12107] ( Chapter 2 added by Stats. 1941, Ch. 113. ) ## ARTICLE 2. Basis of Tax for Ocean Marine Insurance [12101 - 12107] ( Heading of Article 2 amended by Stats. 1961, Ch. 740. ) ## 12105. If the insurer has not transacted ocean marine insurance in this State in each of the three calendar years immediately preceding the year in which a tax return is required to be filed, its tax shall be computed on the basis of its premiums and underwriting profits in the last completed calendar year. As soon as the insurer comes within the terms of Section 12104, the taxes computed under the provisions of this section for the two preceding calendar years shall be adjusted to equal the amount of the first tax computed under Section 12104. The adjustment shall be shown as an addition to, or a credit against, the tax computed upon business done in the third calendar year or as soon thereafter as possible. (Added by Stats. 1961, Ch. 740.)
  114. 12106.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 7. INSURANCE TAXATION [12001 - 13170] ( Part 7 added by Stats. 1941, Ch. 113. ) ## CHAPTER 2. Ocean Marine Insurance [12071 - 12107] ( Chapter 2 added by Stats. 1941, Ch. 113. ) ## ARTICLE 2. Basis of Tax for Ocean Marine Insurance [12101 - 12107] ( Heading of Article 2 amended by Stats. 1961, Ch. 740. )

    Verify source ↗

    A marine insurer issuing participating policies must not include refunded premium amounts in underwriting profit when computing tax.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 7. INSURANCE TAXATION [12001 - 13170] ( Part 7 added by Stats. 1941, Ch. 113. ) ## CHAPTER 2. Ocean Marine Insurance [12071 - 12107] ( Chapter 2 added by Stats. 1941, Ch. 113. ) ## ARTICLE 2. Basis of Tax for Ocean Marine Insurance [12101 - 12107] ( Heading of Article 2 amended by Stats. 1961, Ch. 740. ) ## 12106. In computing the tax of a marine insurer issuing participating policies, there shall not be included in underwriting profit the amounts refunded by the insurer on account of premiums previously paid by its policyholders. (Added by Stats. 1961, Ch. 740.)
  115. 12107.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 7. INSURANCE TAXATION [12001 - 13170] ( Part 7 added by Stats. 1941, Ch. 113. ) ## CHAPTER 2. Ocean Marine Insurance [12071 - 12107] ( Chapter 2 added by Stats. 1941, Ch. 113. ) ## ARTICLE 2. Basis of Tax for Ocean Marine Insurance [12101 - 12107] ( Heading of Article 2 amended by Stats. 1961, Ch. 740. )

    Verify source ↗

    For ocean marine insurance taxes, June 15th is used instead of April 1st when the latter would start interest, penalties, or limitation periods.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 7. INSURANCE TAXATION [12001 - 13170] ( Part 7 added by Stats. 1941, Ch. 113. ) ## CHAPTER 2. Ocean Marine Insurance [12071 - 12107] ( Chapter 2 added by Stats. 1941, Ch. 113. ) ## ARTICLE 2. Basis of Tax for Ocean Marine Insurance [12101 - 12107] ( Heading of Article 2 amended by Stats. 1961, Ch. 740. ) ## 12107. Whenever in this part the date, April 1st, is used as the beginning date for the computation of interest, attachment of penalties, or the fixing of periods of limitation, the date, June 15th, shall be substituted in lieu thereof with respect to taxes for ocean marine insurance. (Added by Stats. 1969, Ch. 736.)
  116. 122.

    ## Revenue and Taxation Code - RTC ## DIVISION 1. PROPERTY TAXATION [50 - 5911] ( Division 1 enacted by Stats. 1939, Ch. 154. ) ## PART 1. GENERAL PROVISIONS [101 - 198.1] ( Part 1 enacted by Stats. 1939, Ch. 154. ) ## CHAPTER 1. Construction [101 - 136] ( Chapter 1 enacted by Stats. 1939, Ch. 154. )

    Verify source ↗

    “Revenue district” means every city and district where county officers assess property and collect taxes or assessments.

    ## Revenue and Taxation Code - RTC ## DIVISION 1. PROPERTY TAXATION [50 - 5911] ( Division 1 enacted by Stats. 1939, Ch. 154. ) ## PART 1. GENERAL PROVISIONS [101 - 198.1] ( Part 1 enacted by Stats. 1939, Ch. 154. ) ## CHAPTER 1. Construction [101 - 136] ( Chapter 1 enacted by Stats. 1939, Ch. 154. ) ## 122. “Revenue district” includes every city and district for which the county officers assess property and collect taxes or assessments. (Enacted by Stats. 1939, Ch. 154.)
  117. 12201.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 7. INSURANCE TAXATION [12001 - 13170] ( Part 7 added by Stats. 1941, Ch. 113. ) ## CHAPTER 3. All Insurance Other Than Ocean Marine [12201 - 12260] ( Chapter 3 added by Stats. 1941, Ch. 113. ) ## ARTICLE 1. General [12201 - 12210] ( Heading of Article 1 amended by Stats. 1961, Ch. 740. )

    Verify source ↗

    Every insurer doing business in the state must annually pay a tax to the state, calculated on the bases, rates, and deductions specified elsewhere in the chapter.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 7. INSURANCE TAXATION [12001 - 13170] ( Part 7 added by Stats. 1941, Ch. 113. ) ## CHAPTER 3. All Insurance Other Than Ocean Marine [12201 - 12260] ( Chapter 3 added by Stats. 1941, Ch. 113. ) ## ARTICLE 1. General [12201 - 12210] ( Heading of Article 1 amended by Stats. 1961, Ch. 740. ) ## 12201. (a) Every insurer doing business in this state shall annually pay to the state a tax on the bases, at the rates, and subject to the deductions from the tax hereinafter specified. For purposes of the tax imposed by this chapter, “insurer” shall be deemed to include a home protection company as defined in Section 12740 of the Insurance Code. (b) This section shall become operative on July 1, 2013. (Repealed (in Sec. 4) and added by Stats. 2013, Ch. 33, Sec. 5. (SB 78) Effective June 27, 2013. Section operative July 1, 2013, by its own provisions.)
  118. 12202.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 7. INSURANCE TAXATION [12001 - 13170] ( Part 7 added by Stats. 1941, Ch. 113. ) ## CHAPTER 3. All Insurance Other Than Ocean Marine [12201 - 12260] ( Chapter 3 added by Stats. 1941, Ch. 113. ) ## ARTICLE 1. General [12201 - 12210] ( Heading of Article 1 amended by Stats. 1961, Ch. 740. )

    Verify source ↗

    This section sets the insurance tax rate at 2.35%, with special rates for 1982–1985 and for certain pension or profit-sharing plan premiums.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 7. INSURANCE TAXATION [12001 - 13170] ( Part 7 added by Stats. 1941, Ch. 113. ) ## CHAPTER 3. All Insurance Other Than Ocean Marine [12201 - 12260] ( Chapter 3 added by Stats. 1941, Ch. 113. ) ## ARTICLE 1. General [12201 - 12210] ( Heading of Article 1 amended by Stats. 1961, Ch. 740. ) ## 12202. The rate of tax to be applied to the basis of the annual tax in respect to each year is 2.35 percent except the rate to be applied to the basis in respect to the years 1982, 1983, 1984, and 1985 is 2.33 percent and except that as to gross premiums received upon policies or contracts issued in connection with a pension plan or profit-sharing plan exempt or qualified under Section 401(a), 403(b), 404, 408(b), or 501(a) of the United States Internal Revenue Code as they may be amended or renumbered from time to time, the rate of tax shall be the percentage set forth below opposite each year: Year Percentage 1960 ........................ 2.15 1961 ........................ 1.95 1962 ........................ 1.75 1963 ........................ 1.55 1964 ........................ 1.35 1965 through 1968 ........................ 1.00 1969 and each year thereafter ........................ 0.50 (Amended by Stats. 1982, Ch. 327, Sec. 160. Effective June 30, 1982.)
  119. 12202.1.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 7. INSURANCE TAXATION [12001 - 13170] ( Part 7 added by Stats. 1941, Ch. 113. ) ## CHAPTER 3. All Insurance Other Than Ocean Marine [12201 - 12260] ( Chapter 3 added by Stats. 1941, Ch. 113. ) ## ARTICLE 1. General [12201 - 12210] ( Heading of Article 1 amended by Stats. 1961, Ch. 740. )

    Verify source ↗

    The Board of Equalization must adjust the gross premiums tax rate each January for certain insurer premiums collected between November 8, 1988 and January 1, 1991.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 7. INSURANCE TAXATION [12001 - 13170] ( Part 7 added by Stats. 1941, Ch. 113. ) ## CHAPTER 3. All Insurance Other Than Ocean Marine [12201 - 12260] ( Chapter 3 added by Stats. 1941, Ch. 113. ) ## ARTICLE 1. General [12201 - 12210] ( Heading of Article 1 amended by Stats. 1961, Ch. 740. ) ## 12202.1. Notwithstanding the rate specified by Section 12202, the gross premiums tax rate paid by insurers for any premiums collected between November 8, 1988 and January 1, 1991 shall be adjusted by the Board of Equalization in January of each year so that the gross premium tax revenues collected for each prior calendar year shall be sufficient to compensate for changes in such revenues, if any, including changes in anticipated revenues, arising from this act. In calculating the necessary adjustment, the Board of Equalization shall consider the growth in premiums in the most recent three year period, and the impact of general economic factors including, but not limited to, the inflation and interest rates. (Added November 8, 1988, by initiative Proposition 103, Sec. 6.)
  120. 12203.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 7. INSURANCE TAXATION [12001 - 13170] ( Part 7 added by Stats. 1941, Ch. 113. ) ## CHAPTER 3. All Insurance Other Than Ocean Marine [12201 - 12260] ( Chapter 3 added by Stats. 1941, Ch. 113. ) ## ARTICLE 1. General [12201 - 12210] ( Heading of Article 1 amended by Stats. 1961, Ch. 740. )

    Verify source ↗

    The State Compensation Insurance Fund must pay a tax every year.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 7. INSURANCE TAXATION [12001 - 13170] ( Part 7 added by Stats. 1941, Ch. 113. ) ## CHAPTER 3. All Insurance Other Than Ocean Marine [12201 - 12260] ( Chapter 3 added by Stats. 1941, Ch. 113. ) ## ARTICLE 1. General [12201 - 12210] ( Heading of Article 1 amended by Stats. 1961, Ch. 740. ) ## 12203. The State Compensation Insurance Fund shall annually pay a tax computed on the same bases, at the same rates, and subject to the same deductions specified in this chapter, as those applicable to private insurers. (Added by renumbering Section 12264 by Stats. 1961, Ch. 740.)
  121. 12204.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 7. INSURANCE TAXATION [12001 - 13170] ( Part 7 added by Stats. 1941, Ch. 113. ) ## CHAPTER 3. All Insurance Other Than Ocean Marine [12201 - 12260] ( Chapter 3 added by Stats. 1941, Ch. 113. ) ## ARTICLE 1. General [12201 - 12210] ( Heading of Article 1 amended by Stats. 1961, Ch. 740. )

    Verify source ↗

    For insurers, this chapter’s tax replaces other state, county, and municipal taxes and licenses on the insurers and their property, with listed exceptions.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 7. INSURANCE TAXATION [12001 - 13170] ( Part 7 added by Stats. 1941, Ch. 113. ) ## CHAPTER 3. All Insurance Other Than Ocean Marine [12201 - 12260] ( Chapter 3 added by Stats. 1941, Ch. 113. ) ## ARTICLE 1. General [12201 - 12210] ( Heading of Article 1 amended by Stats. 1961, Ch. 740. ) ## 12204. (a) The tax imposed on insurers by this chapter is in lieu of all other taxes and licenses, state, county, and municipal, upon those insurers and their property, except: (1) Taxes upon their real estate. (2) Any retaliatory exactions imposed by paragraph (3) of subdivision (f) of Section 28 of Article XIII of the California Constitution. (3) The tax on ocean marine insurance. (4) Motor vehicle and other vehicle registration license fees and any other tax or license fee imposed by the state upon vehicles, motor vehicles, or the operation thereof. (5) That each corporate or other attorney-in-fact of a reciprocal or interinsurance exchange shall be subject to all taxes imposed upon corporations or others doing business in the state, other than taxes on income derived from its principal business as attorney-in-fact. (b) This section shall become operative on July 1, 2013. (Repealed (in Sec. 7) and added by Stats. 2013, Ch. 33, Sec. 8. (SB 78) Effective June 27, 2013. Section operative July 1, 2013, by its own provisions.)
  122. 12205.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 7. INSURANCE TAXATION [12001 - 13170] ( Part 7 added by Stats. 1941, Ch. 113. ) ## CHAPTER 3. All Insurance Other Than Ocean Marine [12201 - 12260] ( Chapter 3 added by Stats. 1941, Ch. 113. ) ## ARTICLE 1. General [12201 - 12210] ( Heading of Article 1 amended by Stats. 1961, Ch. 740. )

    Verify source ↗

    The Legislature states that a project’s state low-income housing tax credit should not exceed the amount needed, beyond the federal tax credit, to keep the project financially feasible and viable through the extended use period.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 7. INSURANCE TAXATION [12001 - 13170] ( Part 7 added by Stats. 1941, Ch. 113. ) ## CHAPTER 3. All Insurance Other Than Ocean Marine [12201 - 12260] ( Chapter 3 added by Stats. 1941, Ch. 113. ) ## ARTICLE 1. General [12201 - 12210] ( Heading of Article 1 amended by Stats. 1961, Ch. 740. ) ## 12205. It is the intent of the Legislature that the amount of the state low-income housing tax credit allocated to a project pursuant to Section 12206 shall not exceed an amount in addition to the federal tax credit that is necessary for the financial feasibility of the project and its viability throughout the extended use period. (Added by Stats. 1993, Ch. 1222, Sec. 1. Effective October 11, 1993.)
  123. 12206.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 7. INSURANCE TAXATION [12001 - 13170] ( Part 7 added by Stats. 1941, Ch. 113. ) ## CHAPTER 3. All Insurance Other Than Ocean Marine [12201 - 12260] ( Chapter 3 added by Stats. 1941, Ch. 113. ) ## ARTICLE 1. General [12201 - 12210] ( Heading of Article 1 amended by Stats. 1961, Ch. 740. )

    Verify source ↗

    This section creates and governs a California low-income housing tax credit, including allocation by the committee, certification steps, and rules for claiming or selling the credit.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 7. INSURANCE TAXATION [12001 - 13170] ( Part 7 added by Stats. 1941, Ch. 113. ) ## CHAPTER 3. All Insurance Other Than Ocean Marine [12201 - 12260] ( Chapter 3 added by Stats. 1941, Ch. 113. ) ## ARTICLE 1. General [12201 - 12210] ( Heading of Article 1 amended by Stats. 1961, Ch. 740. ) ## 12206. (a) (1) There shall be allowed as a credit against the “tax,” described by Section 12201, a state low-income housing tax credit in an amount equal to the amount determined in subdivision (c), computed in accordance with Section 42 of the Internal Revenue Code, relating to low-income housing credit, except as otherwise provided in this section. (2) “Taxpayer,” for purposes of this section, means the sole owner in the case of a “C” corporation, the partners in the case of a partnership, and the shareholders in the case of an “S” corporation. (3) “Housing sponsor,” for purposes of this section, means the sole owner in the case of a “C” corporation, the partnership in the case of a partnership, and the “S” corporation in the case of an “S” corporation. (b) (1) The amount of the credit allocated to any housing sponsor shall be authorized by the California Tax Credit Allocation Committee, or any successor thereof, based on a project’s need for the credit for economic feasibility in accordance with the requirements of this section. (A) Except for projects to provide farmworker housing, as defined in subdivision (h) of Section 50199.7 of the Health and Safety Code, that are allocated credits solely under the set-aside described in subdivision (c) of Section 50199.20 of the Health and Safety Code, the low-income housing project shall be located in California and shall meet either of the following requirements: (i) The project’s housing sponsor has been allocated by the California Tax Credit Allocation Committee a credit for federal income tax purposes under Section 42 of the Internal Revenue Code, relating to low-income housing credit. (ii) It qualifies for a credit under Section 42(h)(4)(B) of the Internal Revenue Code, relating to special rule where 50 percent or more of building is financed with tax-exempt bonds subject to volume cap. (B) The California Tax Credit Allocation Committee shall not require fees for the credit under this section in addition to those fees required for applications for the tax credit pursuant to Section 42 of the Internal Revenue Code, relating to low-income housing credit. The committee may require a fee if the application for the credit under this section is submitted in a calendar year after the year the application is submitted for the federal tax credit. (C) (i) For a project that receives a preliminary reservation of the state low-income housing tax credit, allowed pursuant to subdivision (a), on or after January 1, 2009, the credit shall be allocated to the partners of a partnership owning the project in accordance with the partnership agreement, regardless of how the federal low-income housing tax credit with respect to the project is allocated to the partners, or whether the allocation of the credit under the terms of the agreement has substantial economic effect, within the meaning of Section 704(b) of the Internal Revenue Code, relating to determination of distributive share. (ii) This subparagraph shall not apply to a project that receives a preliminary reservation of state low-income housing tax credits under the set-aside described in subdivision (c) of Section 50199.20 of the Health and Safety Code unless the project also receives a preliminary reservation of federal low-income housing tax credits. (2) (A) The California Tax Credit Allocation Committee shall certify to the housing sponsor the amount of tax credit under this section allocated to the housing sponsor for each credit period. (B) In the case of a partnership or an “S” corporation, the housing sponsor shall provide a copy of the California Tax Credit Allocation Committee certification to the taxpayer. (C) (i) A taxpayer shall be eligible to claim the credit commencing in the taxable year the building is placed in service and the federal credit period commences, notwithstanding that the certification pursuant to subparagraph (A) has not been issued by the California Tax Credit Allocation Committee, provided that the housing sponsor has filed a taxpayer certification with the California Tax Credit Allocation Committee and delivered a copy to the taxpayer. The amount of credit claimed by the taxpayer shall not exceed the pro rata share with respect to the amount of credit that the taxpayer purchased or is allocated per the partnership agreement, as applicable, of the lesser of either of the following: (I) The applicable percentages for each of the four credit years, as specified in subdivision (c), multiplied by the qualified basis of the building set forth in the preliminary reservation. (II) The amount of credit the project is eligible for as stated in the taxpayer certification. (ii) The California Tax Credit Allocation Committee may, but is not required to, review the taxpayer certification and other information provided by the housing sponsor to confirm both of the following: (I) The calculations set forth in the taxpayer certification. (II) The amount of credits allocated to the project is consistent with applicable California Tax Credit Allocation Committee rules and regulations for the purposes of making the certification required pursuant to subparagraph (A). (iii) If the California Tax Credit Allocation Committee issues a certification pursuant to subparagraph (A) that is inconsistent with the taxpayer certification upon which a credit has been claimed, the taxpayer shall amend any previously filed tax returns to reflect the credit amount certified by the California Tax Credit Allocation Committee pursuant to subparagraph (A). (iv) For purposes of this subparagraph, “taxpayer certification” means a certified statement from the certified public accountant of the housing sponsor. The taxpayer certification shall contain the amount of the credit the project is eligible for, the taxable year the building is placed in service, and the taxable year in which the federal credit period for the building has commenced. (v) The taxpayer shall, upon request, provide a copy of the taxpayer certification pursuant to clause (iv) or the California Tax Credit Allocation Committee’s certification pursuant to subparagraph (A), as applicable, to the Department of Insurance. (vi) In the case of a failure to provide a copy of the taxpayer certification pursuant to clause (iv) or the California Tax Credit Allocation Committee’s certification pursuant to subparagraph (A), if the Department of Insurance so requires, no credit under this section shall be allowed for that taxable year until a copy of that certification is provided. (vii) The changes made to this subparagraph by the act adding this clause shall apply for taxable years beginning on or after January 1, 2023. (D) All elections made by the taxpayer pursuant to Section 42 of the Internal Revenue Code, relating to low-income housing credit, shall apply to this section. (E) (i) Except as described in clause (ii) or (iii), for buildings located in designated difficult development areas (DDAs) or qualified census tracts (QCTs), as defined in Section 42(d)(5)(B) of the Internal Revenue Code, relating to increase in credit for buildings in high-cost areas, credits may be allocated under this section in the amounts prescribed in subdivision (c), provided that the amount of credit allocated under Section 42 of the Internal Revenue Code, relating to low-income housing credit, is computed on 100 percent of the qualified basis of the building. (ii) Notwithstanding clause (i), the California Tax Credit Allocation Committee may allocate the credit for buildings located in DDAs or QCTs that are restricted to having 50 percent of the building’s occupants be special needs households, as defined in the California Code of Regulations by the California Tax Credit Allocation Committee, or receiving an allocation pursuant to subparagraph (B) of paragraph (1) of subdivision (g), even if the taxpayer receives federal credits pursuant to Section 42(d)(5)(B) of the Internal Revenue Code, relating to increase in credit for buildings in high-cost areas, provided that the credit allowed under this section shall not exceed 30 percent of the eligible basis of the building. (iii) On and after January 1, 2018, notwithstanding clause (i), the California Tax Credit Allocation Committee may allocate the credit pursuant to paragraph (6) of subdivision (c) even if the taxpayer receives federal credits, pursuant to Section 42(d)(5)(B) of the Internal Revenue Code, relating to increase in credit for buildings in high-cost areas. (F) (i) The California Tax Credit Allocation Committee may allocate a credit under this section in exchange for a credit allocated pursuant to Section 42(d)(5)(B) of the Internal Revenue Code, relating to increase in credit for buildings in high-cost areas, in amounts up to 30 percent of the eligible basis of a building if the credits allowed under Section 42 of the Internal Revenue Code, relating to low-income housing credit, are reduced by an equivalent amount. (ii) An equivalent amount shall be determined by the California Tax Credit Allocation Committee based upon the relative amount required to produce an equivalent state tax credit to the taxpayer. (c) Section 42(b) of the Internal Revenue Code, relating to applicable percentage: 70 percent present value credit for certain new buildings; 30 percent present value credit for certain other buildings, shall be modified as follows: (1) In the case of any qualified low-income building that receives an allocation after 1989 and is a new building not federally subsidized, the term “applicable percentage” means the following: (A) For each of the first three years, the percentage prescribed by the Secretary of the Treasury for new buildings that are not federally subsidized for the taxable year, determined in accordance with the requirements of Section 42(b)(2) of the Internal Revenue Code, relating to temporary minimum credit rate for nonfederally subsidized new buildings, in lieu of the percentage prescribed in Section 42(b)(1)(A) of the Internal Revenue Code. (B) For the fourth year, the difference between 30 percent and the sum of the applicable percentages for the first three years. (2) In the case of any qualified low-income building that is a new building and is federally subsidized and receiving an allocation pursuant to subparagraph (B) of paragraph (1) of subdivision (g), the term “applicable percentage” means for the first three years, 9 percent of the qualified basis of the building, and for the fourth year, 3 percent of the qualified basis of the building. (3) In the case of any qualified low-income building that receives an allocation after 1989 pursuant to subparagraph (A) of paragraph (1) of subdivision (g) and that is a new building that is federally subsidized or that is an existing building that is “at risk of conversion,” the term “applicable percentage” means the following: (A) For each of the first three years, the percentage prescribed by the Secretary of the Treasury for new buildings that are federally subsidized for the taxable year. (B) For the fourth year, the difference between 13 percent and the sum of the applicable percentages for the first three years. (4) In the case of any qualified low-income building that meets all of the requirements of subparagraphs (A) through (D), inclusive, the term “applicable percentage” means 30 percent for each of the first three years and 5 percent for the fourth year. A qualified low-income building receiving an allocation under this paragraph is ineligible to also receive an allocation under paragraph (2). (A) The qualified low-income building is at least 15 years old. (B) The qualified low-income building is either: (i) Serving households of very low income or extremely low income such that the average maximum household income as restricted, pursuant to an existing regulatory agreement with a federal, state, county, local, or other governmental agency, is not more than 45 percent of the area median gross income, as determined under Section 42 of the Internal Revenue Code, relating to low-income housing credit, adjusted by household size, and a tax credit regulatory agreement is entered into for a period of not less than 55 years restricting the average targeted household income to no more than 45 percent of the area median income. (ii) Financed under Section 514 or 521 of the National Housing Act of 1949 (42 U.S.C. Sec. 1485). (C) The qualified low-income building would have insufficient credits under paragraphs (2) and (3) to complete substantial rehabilitation due to a low appraised value. (D) The qualified low-income building will complete the substantial rehabilitation in connection with the credit allocation herein. (5) For purposes of this section, the term “at risk of conversion,” with respect to an existing property, means a property that satisfies all of the following criteria: (A) The property is a multifamily rental housing development in which at least 50 percent of the units receive governmental assistance pursuant to any of the following: (i) New construction, substantial rehabilitation, moderate rehabilitation, property disposition, and loan management set-aside programs, or any other program providing project-based assistance pursuant to Section 8 of the United States Housing Act of 1937, Section 1437f of Title 42 of the United States Code, as amended. (ii) The Below-Market-Interest-Rate Program pursuant to Section 221(d)(3) of the National Housing Act, Sections 1715l(d)(3) and (5) of Title 12 of the United States Code. (iii) Section 236 of the National Housing Act, Section 1715z-1 of Title 12 of the United States Code. (iv) Programs for rent supplement assistance pursuant to Section 101 of the Housing and Urban Development Act of 1965, Section 1701s of Title 12 of the United States Code, as amended. (v) Programs under Sections 514, 515, 516, 533, and 538 of the Housing Act of 1949 (Public Law 81-171), as amended. (vi) The low-income housing credit program set forth in Section 42 of the Internal Revenue Code, relating to low-income housing credit, this section, and Sections 17058 and 23610.5. (vii) Programs for loans or grants administered by the Department of Housing and Community Development. (viii) Section 202 of the Housing Act of 1959 (12 U.S.C. Sec. 1701q), as amended. (ix) Section 142(d) of the Internal Revenue Code or its predecessors. (x) Section 147 of the Internal Revenue Code, as enacted by the Tax Reform Act of 1986 (Public Law 99-514), or as subsequently amended, including as amended by the Tax Cuts and Jobs Act of 2017 (Public Law 115-97) and all amendments enacted prior to the Tax Cuts and Jobs Act of 2017 (Public Law 115-97). (xi) Title I of the Housing and Community Development Act of 1974, as amended. (xii) Title II of the Cranston-Gonzalez National Affordable Housing Act of 1990, as amended. (xiii) Titles IV and V of the McKinney-Vento Homeless Assistance Act of 1987, as amended, including the Department of Housing and Urban Development’s Supportive Housing Program, Shelter Plus Care Program, and surplus federal property disposition program. (xiv) The following assistance provided by counties and cities in exchange for restrictions on the maximum rents that may be charged for units within a multifamily rental housing development and on the maximum tenant income as a condition of eligibility for occupancy of the unit subject to the rent restriction, as reflected by a recorded agreement with a county or city: (I) Loans or grants provided using tax increment financing pursuant to the Community Redevelopment Law (Part 1 (commencing with Section 33000) of Division 24 of the Health and Safety Code). (II) Local housing trust funds, as referred to in paragraph (3) of subdivision (a) of Section 50843 of the Health and Safety Code. (III) The sale or lease of public property at or below market rates. (IV) The granting of density bonuses, or concessions or incentives, including fee waivers, parking variances, or amendments to general plans, zoning, or redevelopment project area plans, pursuant to Chapter 4.3 (commencing with Section 65915) of Division 1 of Title 7 of the Government Code. (B) As used in subparagraph (A), “government assistance” shall not include the use of tenant-based housing choice vouchers under subsection (o) of Section 1437f of Title 42 of the United States Code, excluding paragraph (13), relating to project-based assistance. Restrictions shall not include any rent control or rent stabilization ordinance imposed by a county or city. (C) If the development is subject to restrictions on rent and income levels, 50 percent of the units are also restricted to initial occupancy by lower income households, as defined in Section 50079.5 of the Health and Safety Code. (D) The restrictions on rent and income levels, excluding any restrictions recorded pursuant to paragraph (2) of subdivision (e) of Section 65863.11 or Section 65863.13 of the Government Code or in connection with interim or acquisition financing, will terminate or the federally insured mortgage or rent subsidy contract on the property is eligible for prepayment or termination any time within five years before or after the date of application to the California Tax Credit Allocation Committee. (E) The entity acquiring the property enters into a regulatory agreement that requires the property to be operated in accordance with the requirements of Section 42 of the Internal Revenue Code and any further requirements added by the California Tax Credit Allocation Committee to implement the low-income housing tax credit established by Section 42 of the Internal Revenue Code (26 U.S.C. Sec. 42), this section, and Sections 17058 and 23610.5 pursuant to Chapter 3.6 (commencing with Section 50199.4) of Part 1 of Division 31 of the Health and Safety Code. (F) The property satisfies the requirements of Section 42(e) of the Internal Revenue Code, relating to rehabilitation expenditures treated as separate new building, except that the provisions of Section 42(e)(3)(A)(ii)(I) shall not apply. (6) On and after January 1, 2018, in the case of any qualified low-income building that is (A) farmworker housing, as defined by paragraph (2) of subdivision (h) of Section 50199.7 of the Health and Safety Code, and (B) is federally subsidized, the term “applicable percentage” means for each of the first three years, 20 percent of the qualified basis of the building, and for the fourth year, 15 percent of the qualified basis of the building. (d) The term “qualified low-income housing project” as defined in Section 42(c)(2) of the Internal Revenue Code, relating to qualified low-income building, is modified by adding the following requirements: (1) The taxpayer shall be entitled to receive a cash distribution from the operations of the project, after funding required reserves, that, at the election of the taxpayer, is equal to: (A) An amount not to exceed 8 percent of the lesser of: (i) The owner equity that shall include the amount of the capital contributions actually paid to the housing sponsor and shall not include any amounts until they are paid on an investor note. (ii) Twenty percent of the adjusted basis of the building as of the close of the first taxable year of the credit period. (B) The amount of the cashflow from those units in the building that are not low-income units. For purposes of computing cashflow under this subparagraph, operating costs shall be allocated to the low-income units using the “floor space fraction,” as defined in Section 42 of the Internal Revenue Code, relating to low-income housing credit. (C) Any amount allowed to be distributed under subparagraph (A) that is not available for distribution during the first 5 years of the compliance period may be accumulated and distributed any time during the first 15 years of the compliance period but not thereafter. (2) The limitation on return shall apply in the aggregate to the partners if the housing sponsor is a partnership and in the aggregate to the shareholders if the housing sponsor is an “S” corporation. (3) The housing sponsor shall apply any cash available for distribution in excess of the amount eligible to be distributed under paragraph (1) to reduce the rent on rent-restricted units or to increase the number of rent-restricted units subject to the tests of Section 42(g)(1) of the Internal Revenue Code, relating to in general. (e) The provisions of Section 42(f) of the Internal Revenue Code, relating to definition and special rules relating to credit period, shall be modified as follows: (1) The term “credit period” as defined in Section 42(f)(1) of the Internal Revenue Code, relating to credit period defined, is modified by substituting “four taxable years” for “10 taxable years.” (2) The special rule for the first taxable year of the credit period under Section 42(f)(2) of the Internal Revenue Code, relating to special rule for 1st year of credit period, shall not apply to the tax credit under this section. (3) Section 42(f)(3) of the Internal Revenue Code, relating to determination of applicable percentage with respect to increases in qualified basis after 1st year of credit period, is modified to read: If, as of the close of any taxable year in the compliance period, after the first year of the credit period, the qualified basis of any building exceeds the qualified basis of that building as of the close of the first year of the credit period, the housing sponsor, to the extent of its tax credit allocation, shall be eligible for a credit on the excess in an amount equal to the applicable percentage determined pursuant to subdivision (c) for the four-year period beginning with the later of the taxable years in which the increase in qualified basis occurs. (f) The provisions of Section 42(h) of the Internal Revenue Code, relating to limitation on aggregate credit allowable with respect to projects located in a state, shall be modified as follows: (1) Section 42(h)(2) of the Internal Revenue Code, relating to allocated credit amount to apply to all taxable years ending during or after credit allocation year, does not apply and instead the following provisions apply: The total amount for the four-year credit period of the housing credit dollars allocated in a calendar year to any building shall reduce the aggregate housing credit dollar amount of the California Tax Credit Allocation Committee for the calendar year in which the allocation is made. (2) Paragraphs (3), (4), (5), (6)(E)(i)(II), (6)(F), (6)(G), (6)(I), (7), and (8) of Section 42(h) of the Internal Revenue Code, relating to limitation on aggregate credit allowable with respect to projects located in a state, do not apply to this section. (g) The aggregate housing credit dollar amount that may be allocated annually by the California Tax Credit Allocation Committee pursuant to this section, Section 17058, and Section 23610.5 shall be an amount equal to the sum of all the following: (1) (A) Seventy million dollars ($70,000,000) for the 2001 calendar year, and, for the 2002 calendar year and each calendar year thereafter, seventy million dollars ($70,000,000) increased by the percentage, if any, by which the Consumer Price Index for the preceding calendar year exceeds the Consumer Price Index for the 2001 calendar year. For the purposes of this paragraph, the term “Consumer Price Index” means the last Consumer Price Index for All Urban Consumers published by the federal Department of Labor. (B) Five hundred million dollars ($500,000,000) for the 2020 calendar year, and up to five hundred million dollars ($500,000,000) for the 2021 calendar year and every year thereafter. Allocations shall only be available pursuant to this subparagraph in the 2021 calendar year and thereafter if the annual Budget Act, or if any bill providing for appropriations related to the Budget Act, specifies an amount to be available for allocation in that calendar year by the California Tax Credit Allocation Committee, after the California Tax Credit Allocation Committee and the California Debt Limit Allocation Committee have adopted regulations, rules, or guidelines to align the programs of both committees with the objective of increasing production and containing costs as described in clause (iii). The California Tax Credit Allocation Committee shall accept applications for the 2021 calendar year not sooner than 30 days after these regulations, rules, or guidelines have been adopted. The California Debt Limit Allocation Committee shall not accept applications for the 2021 calendar year for bond allocations for an eligible project under this section prior to issuing, reviewing, and publishing a new tax-exempt private activity bond demand survey. A housing sponsor receiving a nonfederally subsidized allocation under subdivision (c) shall not be eligible for receipt of the housing credit allocated from the increased amount under this subparagraph. Except as provided in clause (vi), a housing sponsor receiving a nonfederally subsidized allocation under subdivision (c) shall remain eligible for receipt of the housing credit allocated from the credit ceiling amount under subparagraph (A). (i) Eligible projects for allocations under this subparagraph include any new building, as defined in Section 42(i)(4) of the Internal Revenue Code, relating to newly constructed buildings, and the regulations promulgated thereunder, excluding rehabilitation expenditures under Section 42(e) of the Internal Revenue Code, relating to rehabilitation expenditures treated as separate new building, and is federally subsidized. Eligible projects for allocations under this subparagraph also include any retrofitting and repurposing of existing nonresidential structures, including, but not limited to, hotels and motels, that were converted to residential use within the previous five years from the date of the application. (ii) Notwithstanding any other provision of this section, for allocations pursuant to this subparagraph for the 2020 calendar year, the California Tax Credit Allocation Committee shall consider projects located throughout the state and shall allocate housing credits, subject to the minimum federal requirements as set forth in Sections 42 and 142 of the Internal Revenue Code, the minimum requirements set forth in Sections 5033 and 5190 of the California Debt Limit Allocation Committee regulations, and the minimum set forth in Section 10326 of the Tax Credit Allocation Committee regulations, for projects that can begin construction within 180 days from award, subject to availability of funds. (iii) (I) Notwithstanding any other provision of this section, for allocations pursuant to this subparagraph for the 2021 calendar year and thereafter, the California Tax Credit Allocation Committee and the California Debt Limit Allocation Committee shall develop and prescribe regulations, rules, or guidelines necessary to implement a new allocation methodology that is aimed at increasing production and containing costs, which would include a scoring system that maximizes the efficient use of public subsidy and benefit created through the private activity bond and low-income housing tax credit programs. The factors for determining the efficient use of public subsidy and benefit shall include, but not be limited to, all of the following: (ia) The number and size of units developed including local incentives provided to increase density. (ib) The proximity to amenities, jobs, and public transportation. (ic) The location of the development. (id) The delivery of housing affordable to very low and extremely low income households by the development. (II) The efficient use of public subsidy and benefit criteria specified in this clause shall take into account the total state subsidy provided and prioritize cost containment and increased unit production. These regulations, rules, or guidelines developed pursuant to this subparagraph shall also consider updated definitions for at-risk preservation and new construction. (III) For bond allocations for the 2021 calendar year to projects eligible for an allocation under this subparagraph, the California Debt Limit Allocation Committee may adopt emergency regulations. (IV) The California Tax Credit Allocation Committee shall consider amending the regulations establishing a scoring system, as required by this clause, to also grant, for farmworker housing as defined in subdivision (h) of Section 50199.7 of the Health and Safety Code, maximum points to farmworker housing projects under the housing needs category, and an initial five points in the category for site amenities beyond those required as additional thresholds. (iv) Of the amount available pursuant to this subparagraph, and notwithstanding any other requirement of this section, the California Tax Credit Allocation Committee may allocate up to two hundred million dollars ($200,000,000) for housing financed by the California Housing Finance Agency under its Mixed-Income Program. (v) (I) For the calendar years of 2024 to 2034, inclusive, of the amount available pursuant to this subparagraph, the lesser of 5 percent of that amount or twenty-five million dollars ($25,000,000) per calendar year shall be set aside for projects to provide farmworker housing, as defined in subdivision (h) of Section 50199.7 of the Health and Safety Code, and administered consistent with the credits available pursuant to paragraph (4). (II) Any credits pursuant to this clause that remain unallocated following the conclusion of a funding round shall roll over to consecutive subsequent funding rounds in that calendar year with the exception that any credits that remain unallocated after the final funding round in that calendar year shall be added back to the aggregate amount of credits that may be allocated pursuant to this subparagraph. (III) For the 2035 calendar year, and every year thereafter, of the amount available pursuant to this subparagraph, a portion of the amount allocated shall be set aside for projects to provide farmworker housing, as defined in subdivision (h) of Section 50199.7 of the Health and Safety Code. The amount set aside shall be determined by the Legislature upon consideration of the comprehensive strategy, or most recent update thereof, provided by the Department of Housing and Community Development pursuant to subdivision (c) of Section 50408.5 of the Health and Safety Code. (vi) (I) For any calendar year in which the California Debt Limit Allocation Committee has declared a competition for the award of tax-exempt bond authority for qualified residential rental projects, the California Tax Credit Allocation Committee may allocate some or all of the credits allocated under this subparagraph, except for any credits allocated for housing financed by the California Housing Finance Agency under its Mixed-Income Program, for nonfederally subsidized buildings eligible for credits under Section 42 of the Internal Revenue Code, relating to low-income housing credit, and shall allocate the remainder of these credits for new buildings, as defined in Section 42(i)(4) of the Internal Revenue Code, relating to new buildings, that are federally subsidized and that can begin construction within a reasonable time, as determined by the California Tax Credit Allocation Committee. (II) For any calendar year in which the California Debt Limit Allocation Committee has not declared a competition for the award of tax-exempt bond authority for qualified residential rental projects, projects receiving an award of credits pursuant to this subparagraph shall begin construction within a reasonable time, as determined by the California Tax Credit Allocation Committee. (III) Notwithstanding subclauses (I) and (II), if credits available under this subparagraph remain unallocated after the final California Debt Limit Allocation Committee round for qualified residential rental projects in a given calendar year, the California Tax Credit Allocation Committee may allocate some or all of the remaining credits for nonfederally subsidized buildings eligible for credits under Section 42 of the Internal Revenue Code, relating to low-income housing credit. (2) The unused housing credit ceiling, if any, for the preceding calendar years. (3) The amount of housing credit ceiling returned in the calendar year. For purposes of this paragraph, the amount of housing credit dollar amount returned in the calendar year equals the housing credit dollar amount previously allocated to any project that does not become a qualified low-income housing project within the period required by this section or to any project with respect to which an allocation is canceled by mutual consent of the California Tax Credit Allocation Committee and the allocation recipient. (4) Five hundred thousand dollars ($500,000) per calendar year for projects to provide farmworker housing, as defined in subdivision (h) of Section 50199.7 of the Health and Safety Code. (5) The amount of any unallocated or returned credits under former Sections 17053.14, 23608.2, and 23608.3, as those sections read prior to January 1, 2009, until fully exhausted for projects to provide farmworker housing, as defined in subdivision (h) of Section 50199.7 of the Health and Safety Code. (h) The term “compliance period” as defined in Section 42(i)(1) of the Internal Revenue Code, relating to compliance period, is modified to mean, with respect to any building, the period of 30 consecutive taxable years beginning with the first taxable year of the credit period with respect thereto. (i) (1) Section 42(j) of the Internal Revenue Code, relating to recapture of credit, shall not be applicable and the provisions in paragraph (2) shall be substituted in its place. (2) The requirements of this section shall be set forth in a regulatory agreement between the California Tax Credit Allocation Committee and the housing sponsor, and the regulatory agreement shall be subordinated, when required, to any lien or encumbrance of any banks or other institutional lenders to the project. The regulatory agreement entered into pursuant to subdivision (f) of Section 50199.14 of the Health and Safety Code, shall apply, provided that the agreement includes all of the following provisions: (A) A term not less than the compliance period. (B) A requirement that the agreement be recorded in the official records of the county in which the qualified low-income housing project is located. (C) A provision stating which state and local agencies can enforce the regulatory agreement in the event the housing sponsor fails to satisfy any of the requirements of this section. (D) A provision that the regulatory agreement shall be deemed a contract enforceable by tenants as third-party beneficiaries thereto and that allows individuals, whether prospective, present, or former occupants of the building, who meet the income limitation applicable to the building, the right to enforce the regulatory agreement in any state court. (E) A provision incorporating the requirements of Section 42 of the Internal Revenue Code, relating to low-income housing credit, as modified by this section. (F) A requirement that the housing sponsor notify the California Tax Credit Allocation Committee or its designee and the local agency that can enforce the regulatory agreement if there is a determination by the Internal Revenue Service that the project is not in compliance with Section 42(g) of the Internal Revenue Code, relating to qualified low-income housing project. (G) A requirement that the housing sponsor, as security for the performance of the housing sponsor’s obligations under the regulatory agreement, assign the housing sponsor’s interest in rents that it receives from the project, provided that until there is a default under the regulatory agreement, the housing sponsor is entitled to collect and retain the rents. (H) A provision that the remedies available in the event of a default under the regulatory agreement that is not cured within a reasonable cure period include, but are not limited to, allowing any of the parties designated to enforce the regulatory agreement to collect all rents with respect to the project; taking possession of the project and operating the project in accordance with the regulatory agreement until the enforcer determines the housing sponsor is in a position to operate the project in accordance with the regulatory agreement; applying to any court for specific performance; securing the appointment of a receiver to operate the project; or any other relief as may be appropriate. (j) (1) The committee shall allocate the housing credit on a regular basis consisting of two or more periods in each calendar year during which applications may be filed and considered. The committee shall establish application filing deadlines, the maximum percentage of federal and state low-income housing tax credit ceiling that may be allocated by the committee in that period, and the approximate date on which allocations shall be made. If the enactment of federal or state law, the adoption of rules or regulations, or other similar events prevent the use of two allocation periods, the committee may reduce the number of periods and adjust the filing deadlines, maximum percentage of credit allocated, and the allocation dates. (2) The committee shall adopt a qualified allocation plan, as provided in Section 42(m)(1) of the Internal Revenue Code, relating to plans for allocation of credit among projects. In adopting this plan, the committee shall comply with the provisions of Sections 42(m)(1)(B) and 42(m)(1)(C) of the Internal Revenue Code, relating to qualified allocation plan and relating to certain selection criteria must be used, respectively. (3) Notwithstanding Section 42(m) of the Internal Revenue Code, relating to responsibilities of housing credit agencies, the California Tax Credit Allocation Committee shall allocate housing credits in accordance with the qualified allocation plan and regulations, which shall include the following provisions: (A) All housing sponsors, as defined by paragraph (3) of subdivision (a), shall demonstrate at the time the application is filed with the committee that the project meets the following threshold requirements: (i) The housing sponsor shall demonstrate there is a need and demand for low-income housing in the community or region for which it is proposed. (ii) The project’s proposed financing, including tax credit proceeds, shall be sufficient to complete the project and that the proposed operating income shall be adequate to operate the project for the extended use period. (iii) The project shall have enforceable financing commitments, either construction or permanent financing, for at least 50 percent of the total estimated financing of the project. (iv) The housing sponsor shall have and maintain control of the site for the project. (v) The housing sponsor shall demonstrate that the project complies with all applicable local land use and zoning ordinances. (vi) The housing sponsor shall demonstrate that the project development team has the experience and the financial capacity to ensure project completion and operation for the extended use period. (vii) The housing sponsor shall demonstrate the amount of tax credit that is necessary for the financial feasibility of the project and its viability as a qualified low-income housing project throughout the extended use period, taking into account operating expenses, a supportable debt service, reserves, funds set aside for rental subsidies and required equity, and a development fee that does not exceed a specified percentage of the eligible basis of the project prior to inclusion of the development fee in the eligible basis, as determined by the committee. (B) The committee shall give a preference to those projects satisfying all of the threshold requirements of subparagraph (A) if both of the following apply: (i) The project serves the lowest income tenants at rents affordable to those tenants. (ii) The project is obligated to serve qualified tenants for the longest period. (C) In addition to the provisions of subparagraphs (A) and (B), the committee shall use the following criteria in allocating housing credits: (i) Projects serving large families in which a substantial number, as defined by the committee, of all residential units are low-income units with three or more bedrooms. (ii) Projects providing single-room occupancy units serving very low income tenants. (iii) Existing projects that are “at risk of conversion,” as defined by paragraph (5) of subdivision (c). (iv) Projects for which a public agency provides direct or indirect long-term financial support for at least 15 percent of the total project development costs or projects for which the owner’s equity constitutes at least 30 percent of the total project development costs. (v) Projects that provide tenant amenities not generally available to residents of low-income housing projects. (D) Subparagraphs (B) and (C) shall not apply to projects receiving an allocation pursuant to subparagraph (B) of paragraph (1) of subdivision (g). (4) For purposes of allocating credits pursuant to this section, the committee shall not give preference to any project by virtue of the date of submission of its application except to break a tie when two or more of the projects have an equal rating. (k) Section 42(l) of the Internal Revenue Code, relating to certifications and other reports to secretary, shall be modified as follows: The term “secretary” shall be replaced by the term “Franchise Tax Board.” (l) In the case in which the credit allowed under this section exceeds the “tax,” the excess may be carried over to reduce the “tax” in the following year, and succeeding years if necessary, until the credit has been exhausted. (m) The provisions of Section 11407(a) of Public Law 101-508, relating to the effective date of the extension of the low-income housing credit, apply to calendar years after 1993. (n) The provisions of Section 11407(c) of Public Law 101-508, relating to election to accelerate credit, shall not apply. (o) (1) (A) For a project that receives a preliminary reservation under this section beginning on or after January 1, 2016, a taxpayer may elect, in the manner prescribed by the California Tax Credit Allocation Committee, to sell all or any portion of any credit allowed under this section to one or more unrelated parties for each taxable year in which the credit is allowed, subject to subparagraph (B). The taxpayer may make the election to sell pursuant to this subdivision at any time before the California Tax Credit Allocation Committee allocates a final credit amount for the project pursuant to this section, at which point the election shall become irrevocable. (B) A credit that a taxpayer elects to sell all or a portion of pursuant to this subdivision shall be sold for consideration that is not less than 80 percent of the amount of the credit. (2) (A) The taxpayer that originally received the credit shall report to the California Tax Credit Allocation Committee within 10 days of the sale of the credit, in the form and manner specified by the California Tax Credit Allocation Committee, all required information regarding the purchase and sale of the credit, including the social security or other taxpayer identification number of the unrelated party or parties to whom the credit has been sold, the face amount of the credit sold, and the amount of consideration received by the taxpayer for the sale of the credit. (B) The California Tax Credit Allocation Committee shall provide an annual listing to the Franchise Tax Board, in a form and manner agreed upon by the California Tax Credit Allocation Committee and the Franchise Tax Board, of the taxpayers that have sold or purchased a credit pursuant to this subdivision. (3) A credit may be sold pursuant to this subdivision to more than one unrelated party. (4) Notwithstanding any other law, the taxpayer that originally received the credit that is sold pursuant to paragraph (1) shall remain solely liable for all obligations and liabilities imposed on the taxpayer by this section with respect to the credit, none of which shall apply to a party to whom the credit has been sold or subsequently transferred. Parties that purchase credits pursuant to paragraph (1) shall be entitled to utilize the purchased credits in the same manner in which the taxpayer that originally received the credit could utilize them. (p) The California Tax Credit Allocation Committee may prescribe rules, guidelines, or procedures necessary or appropriate to carry out the purposes of this section, including any guidelines regarding the allocation of the credit allowed under this section. Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code shall not apply to any rule, guideline, or procedure prescribed by the California Tax Credit Allocation Committee pursuant to this section. (q) This section shall remain in effect for as long as Section 42 of the Internal Revenue Code, relating to low-income housing credit, remains in effect. (Amended by Stats. 2025, Ch. 492, Sec. 1. (AB 480) Effective January 1, 2026. Conditionally inoperative by its own provisions.)
  124. 12207.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 7. INSURANCE TAXATION [12001 - 13170] ( Part 7 added by Stats. 1941, Ch. 113. ) ## CHAPTER 3. All Insurance Other Than Ocean Marine [12201 - 12260] ( Chapter 3 added by Stats. 1941, Ch. 113. ) ## ARTICLE 1. General [12201 - 12210] ( Heading of Article 1 amended by Stats. 1961, Ch. 740. )

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    This section grants a tax credit for qualifying donations to the College Access Tax Credit Fund and sets out how the California Educational Facilities Authority must certify and administer the credit.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 7. INSURANCE TAXATION [12001 - 13170] ( Part 7 added by Stats. 1941, Ch. 113. ) ## CHAPTER 3. All Insurance Other Than Ocean Marine [12201 - 12260] ( Chapter 3 added by Stats. 1941, Ch. 113. ) ## ARTICLE 1. General [12201 - 12210] ( Heading of Article 1 amended by Stats. 1961, Ch. 740. ) ## 12207. (a) For the taxable years beginning on or after January 1, 2017, and before January 1, 2028, there shall be allowed as a credit against the “tax,” as described in Section 12202 or 12231, an amount equal to 50 percent of the amount contributed by the taxpayer for the taxable year to the College Access Tax Credit Fund, as allocated and certified by the California Educational Facilities Authority. (b) (1) The aggregate amount of credit that may be allocated and certified pursuant to this section, Section 17053.87, and Section 23687 shall be an amount equal to five hundred million dollars ($500,000,000). (2) (A) For the purposes of this section, the California Educational Facilities Authority shall do all of the following: (i) On a first-come-first-served basis, allocate and certify tax credits to taxpayers under this section. (ii) Establish a procedure for taxpayers to contribute to the College Access Tax Credit Fund and to obtain from the California Educational Facilities Authority a certification for the credit allowed by this section. The procedure shall require the California Educational Facilities Authority to certify the contribution amount eligible for credit within 45 days following receipt of the contribution. (iii) Provide to the Department of Insurance a copy of each credit certificate issued for the calendar year by March 1 of the calendar year immediately following the year in which those certificates are issued. (B) (i) The California Educational Facilities Authority shall adopt any regulations necessary or appropriate to implement this paragraph. (ii) The Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) shall not apply to any regulation adopted by the California Educational Facilities Authority pursuant to clause (i). (c) In the case where the credit allowed by this section exceeds the “tax,” the excess may be carried over to reduce the “tax” in the following year, and succeeding five years if necessary, until the credit is exhausted. (d) The tax credit allowed by subdivision (a), subdivision (a) of Section 17053.87, and subdivision (a) of Section 23687 for donations to the College Access Tax Credit Fund shall be known as the College Access Tax Credit. (e) This section shall remain in effect only until December 1, 2028, and as of that date is repealed. (Amended by Stats. 2022, Ch. 976, Sec. 2. (AB 2880) Effective January 1, 2023. Repealed as of December 1, 2028, by its own provisions.)
  125. 12208.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 7. INSURANCE TAXATION [12001 - 13170] ( Part 7 added by Stats. 1941, Ch. 113. ) ## CHAPTER 3. All Insurance Other Than Ocean Marine [12201 - 12260] ( Chapter 3 added by Stats. 1941, Ch. 113. ) ## ARTICLE 1. General [12201 - 12210] ( Heading of Article 1 amended by Stats. 1961, Ch. 740. )

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    An insurer may claim a tax credit equal to the gross premiums tax due on pilot project insurance for previously uninsured motorists.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 7. INSURANCE TAXATION [12001 - 13170] ( Part 7 added by Stats. 1941, Ch. 113. ) ## CHAPTER 3. All Insurance Other Than Ocean Marine [12201 - 12260] ( Chapter 3 added by Stats. 1941, Ch. 113. ) ## ARTICLE 1. General [12201 - 12210] ( Heading of Article 1 amended by Stats. 1961, Ch. 740. ) ## 12208. (a) There shall be allowed as a credit against the amount of tax, as defined in Section 28 of Article XIII of the California Constitution, an amount equal to the amount of the gross premiums tax due from the insurer on account of pilot project insurance for previously uninsured motorists. (b) As used in this section “pilot project insurance for previously uninsured motorists” means motor vehicle liability insurance issued by an insurer under Article 5.5 (commencing with Section 11629.7) or Article 5.6 (commencing with Section 11629.9) of Chapter 1 of Part 3 of Division 2 of the Insurance Code, with respect to an insured who, at the time of the issuance, owned or operated a motor vehicle without proof of financial responsibility as defined in Section 16020 of the Vehicle Code, and any renewal of that insurance. (Added by Stats. 1999, Ch. 808, Sec. 3. Effective January 1, 2000.)
  126. 12209.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 7. INSURANCE TAXATION [12001 - 13170] ( Part 7 added by Stats. 1941, Ch. 113. ) ## CHAPTER 3. All Insurance Other Than Ocean Marine [12201 - 12260] ( Chapter 3 added by Stats. 1941, Ch. 113. ) ## ARTICLE 1. General [12201 - 12210] ( Heading of Article 1 amended by Stats. 1961, Ch. 740. )

    Verify source ↗

    For 2020 and 2021, credits under Sections 12207 and 12208 cannot reduce the tax by more than $5,000,000 in a year, and unused credits are carried over under the stated rules.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 7. INSURANCE TAXATION [12001 - 13170] ( Part 7 added by Stats. 1941, Ch. 113. ) ## CHAPTER 3. All Insurance Other Than Ocean Marine [12201 - 12260] ( Chapter 3 added by Stats. 1941, Ch. 113. ) ## ARTICLE 1. General [12201 - 12210] ( Heading of Article 1 amended by Stats. 1961, Ch. 740. ) ## 12209. (a) Notwithstanding Sections 12207 and 12208 to the contrary, for the years 2020 and 2021, the total amount of all credits otherwise allowable under Sections 12207 and 12208, including any credit amount allowed to be carried over pursuant to those sections or subdivision (c), shall not reduce the “tax,” as described by Section 12201, by more than five million dollars ($5,000,000) for a given year. (b) (1) The amount of any credit otherwise allowable for a year under Section 12207 that is not allowed due to the application of this section shall remain a credit carryover amount under Section 12207. (2) The carryover period for any credit allowable under Section 12207 that is not allowed due to the application of this section shall be increased by the number of years the credit or any portion thereof was not allowed. (c) The amount of any credit otherwise allowable for a year under Section 12208 that was not allowed due to the application of this section may be carried over to reduce the “tax,” as described by Section 12201, for the following year, and succeeding years if necessary, until the credit amount or any portion thereof that was not allowed due to the application of this section is exhausted. However, any credit amount under Section 12208 that is allowed to be carried over pursuant to this subdivision is also subject to the limitation in subdivision (a). (d) The limitation under subdivision (a) shall not apply to the credit allowed by Section 12206 (relating to credit for low-income housing). (Amended by Stats. 2022, Ch. 3, Sec. 5. (SB 113) Effective February 9, 2022.)
  127. 12210.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 7. INSURANCE TAXATION [12001 - 13170] ( Part 7 added by Stats. 1941, Ch. 113. ) ## CHAPTER 3. All Insurance Other Than Ocean Marine [12201 - 12260] ( Chapter 3 added by Stats. 1941, Ch. 113. ) ## ARTICLE 1. General [12201 - 12210] ( Heading of Article 1 amended by Stats. 1961, Ch. 740. )

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    A life insurer or life insurance agent must tell the client about the tax imposed under this part, unless the insurer or agent quotes only one price that includes the gross premiums tax.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 7. INSURANCE TAXATION [12001 - 13170] ( Part 7 added by Stats. 1941, Ch. 113. ) ## CHAPTER 3. All Insurance Other Than Ocean Marine [12201 - 12260] ( Chapter 3 added by Stats. 1941, Ch. 113. ) ## ARTICLE 1. General [12201 - 12210] ( Heading of Article 1 amended by Stats. 1961, Ch. 740. ) ## 12210. (a) A life insurer or life insurance agent shall inform his or her client of the tax imposed under this part. (b) A life insurer or life insurance agent who quotes only one price that includes the gross premiums tax is exempt from compliance with the requirements of subdivision (a). (Added by Stats. 2000, Ch. 614, Sec. 1. Effective January 1, 2001.)
  128. 12221.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 7. INSURANCE TAXATION [12001 - 13170] ( Part 7 added by Stats. 1941, Ch. 113. ) ## CHAPTER 3. All Insurance Other Than Ocean Marine [12201 - 12260] ( Chapter 3 added by Stats. 1941, Ch. 113. ) ## ARTICLE 2. Basis of Tax for Other Than Title Insurers [12221 - 12222] ( Article 2 repealed (comm. with Section 12276) and added by Stats. 1961, Ch. 740. )

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    For certain insurers not writing title insurance in California, the tax is based on yearly gross premiums minus return premiums, with some premiums excluded and some fees included.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 7. INSURANCE TAXATION [12001 - 13170] ( Part 7 added by Stats. 1941, Ch. 113. ) ## CHAPTER 3. All Insurance Other Than Ocean Marine [12201 - 12260] ( Chapter 3 added by Stats. 1941, Ch. 113. ) ## ARTICLE 2. Basis of Tax for Other Than Title Insurers [12221 - 12222] ( Article 2 repealed (comm. with Section 12276) and added by Stats. 1961, Ch. 740. ) ## 12221. In the case of an insurer not transacting title insurance in this State, the basis of the tax is, in respect to each year, the amount of gross premiums, less return premiums, received in such year by such insurer upon its business done in this State. “Gross premiums” do not include premiums received for reinsurance and for ocean marine insurance. Gross premiums of reciprocal or interinsurance exchanges shall be determined as provided in Section 1530 of the Insurance Code. For purposes of the tax imposed by this chapter, “gross premiums” shall be deemed to include home protection contract fees defined in Section 12740 of the Insurance Code. Notwithstanding the rate specified in Section 12202, for annuity policies or contracts that constitute qualified funding assets pursuant to Section 130(d) of Title 26 of the United States Code, the gross premiums tax rate for premiums received for those annuity policies and contracts shall be 0 percent for premiums received on or after January 1, 2023. (Amended by Stats. 2022, Ch. 474, Sec. 27. (SB 1496) Effective January 1, 2023.)
  129. 12222.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 7. INSURANCE TAXATION [12001 - 13170] ( Part 7 added by Stats. 1941, Ch. 113. ) ## CHAPTER 3. All Insurance Other Than Ocean Marine [12201 - 12260] ( Chapter 3 added by Stats. 1941, Ch. 113. ) ## ARTICLE 2. Basis of Tax for Other Than Title Insurers [12221 - 12222] ( Article 2 repealed (comm. with Section 12276) and added by Stats. 1961, Ch. 740. )

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    Life insurers must make a 1957 premium-tax-return election between two tax treatments for certain annuity funds, and they cannot later change that election without the commissioner’s consent.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 7. INSURANCE TAXATION [12001 - 13170] ( Part 7 added by Stats. 1941, Ch. 113. ) ## CHAPTER 3. All Insurance Other Than Ocean Marine [12201 - 12260] ( Chapter 3 added by Stats. 1941, Ch. 113. ) ## ARTICLE 2. Basis of Tax for Other Than Title Insurers [12221 - 12222] ( Article 2 repealed (comm. with Section 12276) and added by Stats. 1961, Ch. 740. ) ## 12222. Funds accepted by a life insurer under an agreement which provides for an accumulation of funds to purchase annuities at future dates may be considered as “gross premiums received” either upon receipt or upon the actual application of such funds to the purchase of annuities. However, any interest credited to funds accumulated while under the latter alternative shall also be included in “gross premiums received,” and any funds taxed upon receipt, including any interest later credited thereto, shall not be subject to taxation upon the purchase of annuities. Each life insurer shall signify on its premium tax return covering premiums for the calendar year 1957 its election between such two alternatives. Thereafter an insurer shall not change such election without the consent of the commissioner. Any such funds taxed as “gross premiums” shall, in the event of withdrawal of the funds before their actual application to the purchase of annuities, be eligible to be included as “return premiums” if eligible therefor under the provisions of Section 28 of Article XIII of the Constitution. (Amended by Stats. 1974, Ch. 311.)
  130. 12231.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 7. INSURANCE TAXATION [12001 - 13170] ( Part 7 added by Stats. 1941, Ch. 113. ) ## CHAPTER 3. All Insurance Other Than Ocean Marine [12201 - 12260] ( Chapter 3 added by Stats. 1941, Ch. 113. ) ## ARTICLE 3. Basis of Tax for Title Insurers [12231 - 12232] ( Article 3 added by Stats. 1961, Ch. 740. )

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    For title insurers in this state, the tax base is all income from business done in the state, except specified categories.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 7. INSURANCE TAXATION [12001 - 13170] ( Part 7 added by Stats. 1941, Ch. 113. ) ## CHAPTER 3. All Insurance Other Than Ocean Marine [12201 - 12260] ( Chapter 3 added by Stats. 1941, Ch. 113. ) ## ARTICLE 3. Basis of Tax for Title Insurers [12231 - 12232] ( Article 3 added by Stats. 1961, Ch. 740. ) ## 12231. In the case of an insurer transacting title insurance in this State, the basis of the tax is, in respect to each year, all income upon business done in this State, except: (a) Interest and dividends. (b) Rents from real property. (c) Profits from the sale or other disposition of investments. (d) Income from investments. (Added by Stats. 1961, Ch. 740.)
  131. 12232.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 7. INSURANCE TAXATION [12001 - 13170] ( Part 7 added by Stats. 1941, Ch. 113. ) ## CHAPTER 3. All Insurance Other Than Ocean Marine [12201 - 12260] ( Chapter 3 added by Stats. 1941, Ch. 113. ) ## ARTICLE 3. Basis of Tax for Title Insurers [12231 - 12232] ( Article 3 added by Stats. 1961, Ch. 740. )

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    This section defines “investments” for Section 12231 and says income from title plants and title records counts in the tax basis.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 7. INSURANCE TAXATION [12001 - 13170] ( Part 7 added by Stats. 1941, Ch. 113. ) ## CHAPTER 3. All Insurance Other Than Ocean Marine [12201 - 12260] ( Chapter 3 added by Stats. 1941, Ch. 113. ) ## ARTICLE 3. Basis of Tax for Title Insurers [12231 - 12232] ( Article 3 added by Stats. 1961, Ch. 740. ) ## 12232. “Investments,” as used in Section 12231, includes property acquired by an insurer in the settlement or adjustment of claims against it but excludes investments in title plants and title records. Income derived directly or indirectly from the use of title plants and title records is included in the basis of the tax. (Added by Stats. 1961, Ch. 740.)
  132. 12240.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 7. INSURANCE TAXATION [12001 - 13170] ( Part 7 added by Stats. 1941, Ch. 113. ) ## CHAPTER 3. All Insurance Other Than Ocean Marine [12201 - 12260] ( Chapter 3 added by Stats. 1941, Ch. 113. ) ## ARTICLE 4. Basis of Tax for Medi-Cal Managed Care Plans [12240 - 12242] ( Article 4 added by Stats. 2013, Ch. 33, Sec. 10. )

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    For a Medi-Cal managed care plan, the tax is based on total operating revenue for each year.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 7. INSURANCE TAXATION [12001 - 13170] ( Part 7 added by Stats. 1941, Ch. 113. ) ## CHAPTER 3. All Insurance Other Than Ocean Marine [12201 - 12260] ( Chapter 3 added by Stats. 1941, Ch. 113. ) ## ARTICLE 4. Basis of Tax for Medi-Cal Managed Care Plans [12240 - 12242] ( Article 4 added by Stats. 2013, Ch. 33, Sec. 10. ) ## 12240. In the case of a Medi-Cal managed care plan, the basis of the tax is, in respect to each year, total operating revenue. (Added by Stats. 2013, Ch. 33, Sec. 10. (SB 78) Effective June 27, 2013. Section operative as of July 1, 2012, pursuant to Section 12242.)
  133. 12241.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 7. INSURANCE TAXATION [12001 - 13170] ( Part 7 added by Stats. 1941, Ch. 113. ) ## CHAPTER 3. All Insurance Other Than Ocean Marine [12201 - 12260] ( Chapter 3 added by Stats. 1941, Ch. 113. ) ## ARTICLE 4. Basis of Tax for Medi-Cal Managed Care Plans [12240 - 12242] ( Article 4 added by Stats. 2013, Ch. 33, Sec. 10. )

    Verify source ↗

    This section defines “total operating revenue” for Medi-Cal managed care plans and excludes subcontract payments from it.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 7. INSURANCE TAXATION [12001 - 13170] ( Part 7 added by Stats. 1941, Ch. 113. ) ## CHAPTER 3. All Insurance Other Than Ocean Marine [12201 - 12260] ( Chapter 3 added by Stats. 1941, Ch. 113. ) ## ARTICLE 4. Basis of Tax for Medi-Cal Managed Care Plans [12240 - 12242] ( Article 4 added by Stats. 2013, Ch. 33, Sec. 10. ) ## 12241. For purposes of this article, “total operating revenue” means all amounts received by a Medi-Cal managed care plan in premium or capitation payments for the coverage or provision of all health care services, including, but not limited to, Medi-Cal services. Total operating revenue shall not include amounts received by a Medi-Cal managed care plan pursuant to a subcontract with a Medi-Cal managed care plan to provide health care services to Medi-Cal beneficiaries. (Added by Stats. 2013, Ch. 33, Sec. 10. (SB 78) Effective June 27, 2013. Section operative as of July 1, 2012, pursuant to Section 12242.)
  134. 12242.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 7. INSURANCE TAXATION [12001 - 13170] ( Part 7 added by Stats. 1941, Ch. 113. ) ## CHAPTER 3. All Insurance Other Than Ocean Marine [12201 - 12260] ( Chapter 3 added by Stats. 1941, Ch. 113. ) ## ARTICLE 4. Basis of Tax for Medi-Cal Managed Care Plans [12240 - 12242] ( Article 4 added by Stats. 2013, Ch. 33, Sec. 10. )

    Verify source ↗

    This article becomes operative on July 1, 2012.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 7. INSURANCE TAXATION [12001 - 13170] ( Part 7 added by Stats. 1941, Ch. 113. ) ## CHAPTER 3. All Insurance Other Than Ocean Marine [12201 - 12260] ( Chapter 3 added by Stats. 1941, Ch. 113. ) ## ARTICLE 4. Basis of Tax for Medi-Cal Managed Care Plans [12240 - 12242] ( Article 4 added by Stats. 2013, Ch. 33, Sec. 10. ) ## 12242. This article shall be operative on July 1, 2012. (Added by Stats. 2013, Ch. 33, Sec. 10. (SB 78) Effective June 27, 2013. Section operative as of July 1, 2012, by its own provisions. Note: Operative date applies to Article 4, commencing with Section 12240.)
  135. 12251.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 7. INSURANCE TAXATION [12001 - 13170] ( Part 7 added by Stats. 1941, Ch. 113. ) ## CHAPTER 3. All Insurance Other Than Ocean Marine [12201 - 12260] ( Chapter 3 added by Stats. 1941, Ch. 113. ) ## ARTICLE 5. Prepayments [12251 - 12260] ( Article 5 repealed and added by Stats. 1969, Ch. 736. )

    Verify source ↗

    Some insurers must make annual prepayments of current-year tax, unless the payment would relate to ocean marine insurance underwriting profit or a retaliatory tax.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 7. INSURANCE TAXATION [12001 - 13170] ( Part 7 added by Stats. 1941, Ch. 113. ) ## CHAPTER 3. All Insurance Other Than Ocean Marine [12201 - 12260] ( Chapter 3 added by Stats. 1941, Ch. 113. ) ## ARTICLE 5. Prepayments [12251 - 12260] ( Article 5 repealed and added by Stats. 1969, Ch. 736. ) ## 12251. (a) Each calendar year, insurers transacting insurance in this state and whose annual tax for the preceding calendar year was twenty thousand dollars ($20,000) or more shall make prepayments of the annual tax for the current calendar year imposed by Section 28 of Article XIII of the California Constitution and this part, provided that prepayments shall not be made with respect to the tax on ocean marine insurance underwriting profit or any retaliatory tax. (b) This section shall become operative on July 1, 2013. (Amended (as added by Stats. 2013, Ch. 33, Sec. 13) by Stats. 2014, Ch. 362, Sec. 7. (AB 2734) Effective January 1, 2015.)
  136. 12253.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 7. INSURANCE TAXATION [12001 - 13170] ( Part 7 added by Stats. 1941, Ch. 113. ) ## CHAPTER 3. All Insurance Other Than Ocean Marine [12201 - 12260] ( Chapter 3 added by Stats. 1941, Ch. 113. ) ## ARTICLE 5. Prepayments [12251 - 12260] ( Article 5 repealed and added by Stats. 1969, Ch. 736. )

    Verify source ↗

    Insurers that must make prepayments must remit them by four specified dates each year and send the remittances as directed to the Controller and commissioner.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 7. INSURANCE TAXATION [12001 - 13170] ( Part 7 added by Stats. 1941, Ch. 113. ) ## CHAPTER 3. All Insurance Other Than Ocean Marine [12201 - 12260] ( Chapter 3 added by Stats. 1941, Ch. 113. ) ## ARTICLE 5. Prepayments [12251 - 12260] ( Article 5 repealed and added by Stats. 1969, Ch. 736. ) ## 12253. (a) Each insurer required to make prepayments shall remit them on or before each of the dates of April 1, June 1, September 1, and December 1 of the current calendar year. Remittances for prepayments shall be made payable to the Controller and shall be delivered to the office of the commissioner, accompanied by a prepayment form prescribed by the commissioner. (b) This section shall become operative on July 1, 2013. (Repealed (in Sec. 15) and added by Stats. 2013, Ch. 33, Sec. 16. (SB 78) Effective June 27, 2013. Section operative July 1, 2013, by its own provisions.)
  137. 12254.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 7. INSURANCE TAXATION [12001 - 13170] ( Part 7 added by Stats. 1941, Ch. 113. ) ## CHAPTER 3. All Insurance Other Than Ocean Marine [12201 - 12260] ( Chapter 3 added by Stats. 1941, Ch. 113. ) ## ARTICLE 5. Prepayments [12251 - 12260] ( Article 5 repealed and added by Stats. 1969, Ch. 736. )

    Verify source ↗

    Insurers generally must set each prepayment at 25% of the prior year’s annual insurance tax liability, with special rules for acquired businesses and health insurers subject to Section 12202.2.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 7. INSURANCE TAXATION [12001 - 13170] ( Part 7 added by Stats. 1941, Ch. 113. ) ## CHAPTER 3. All Insurance Other Than Ocean Marine [12201 - 12260] ( Chapter 3 added by Stats. 1941, Ch. 113. ) ## ARTICLE 5. Prepayments [12251 - 12260] ( Article 5 repealed and added by Stats. 1969, Ch. 736. ) ## 12254. (a) The amount of each prepayment shall be 25 percent of the amount of the annual insurance tax liability reported on the return of the insurer for the preceding calendar year. (b) In establishing the prepayment amount of an insurer that has acquired the business of another insurer, the amount of tax liability of the acquiring insurer reported for the preceding calendar year shall be deemed to include the amount of tax liability of the acquired insurer reported for that year. (c) Notwithstanding subdivision (a), for a health insurer subject to Section 12202.2 both of the following shall apply: (1) On or after July 1, 2016, and on or before June 30, 2019, a prepayment shall not be required. (2) The amount of each prepayment due after June 30, 2019, shall be 25 percent of the amount of what the annual insurance tax liability reported on the return of the insurer for the preceding calendar year would have been if Section 12202.2 had never been operative. (d) This section shall become operative on July 1, 2013. (Amended by Stats. 2016, Ch. 320, Sec. 1. (AB 1625) Effective September 13, 2016.)
  138. 12255.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 7. INSURANCE TAXATION [12001 - 13170] ( Part 7 added by Stats. 1941, Ch. 113. ) ## CHAPTER 3. All Insurance Other Than Ocean Marine [12201 - 12260] ( Chapter 3 added by Stats. 1941, Ch. 113. ) ## ARTICLE 5. Prepayments [12251 - 12260] ( Article 5 repealed and added by Stats. 1969, Ch. 736. )

    Verify source ↗

    The commissioner may give up to a 10-day extension for making a prepayment if there is good cause and a request is filed in time.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 7. INSURANCE TAXATION [12001 - 13170] ( Part 7 added by Stats. 1941, Ch. 113. ) ## CHAPTER 3. All Insurance Other Than Ocean Marine [12201 - 12260] ( Chapter 3 added by Stats. 1941, Ch. 113. ) ## ARTICLE 5. Prepayments [12251 - 12260] ( Article 5 repealed and added by Stats. 1969, Ch. 736. ) ## 12255. The commissioner, for good cause shown, may extend for not to exceed 10 days the time for making a prepayment. The extension may be granted at any time, provided that a request therefor is filed with the commissioner within or prior to the period for which the extension may be granted. Interest at the rate prescribed by Section 12631 shall be paid for the period of time for which the extension is granted. (Amended by Stats. 1982, Ch. 327, Sec. 165. Effective June 30, 1982.)
  139. 12256.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 7. INSURANCE TAXATION [12001 - 13170] ( Part 7 added by Stats. 1941, Ch. 113. ) ## CHAPTER 3. All Insurance Other Than Ocean Marine [12201 - 12260] ( Chapter 3 added by Stats. 1941, Ch. 113. ) ## ARTICLE 5. Prepayments [12251 - 12260] ( Article 5 repealed and added by Stats. 1969, Ch. 736. )

    Verify source ↗

    Amounts paid under this article must be credited against the annual tax, except penalties and interest.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 7. INSURANCE TAXATION [12001 - 13170] ( Part 7 added by Stats. 1941, Ch. 113. ) ## CHAPTER 3. All Insurance Other Than Ocean Marine [12201 - 12260] ( Chapter 3 added by Stats. 1941, Ch. 113. ) ## ARTICLE 5. Prepayments [12251 - 12260] ( Article 5 repealed and added by Stats. 1969, Ch. 736. ) ## 12256. All amounts paid under this article, other than penalties and interest, shall be allowed as a credit on the annual tax imposed by Section 28 of Article XIII of the California Constitution and this part. (Amended by Stats. 1974, Ch. 311.)
  140. 12257.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 7. INSURANCE TAXATION [12001 - 13170] ( Part 7 added by Stats. 1941, Ch. 113. ) ## CHAPTER 3. All Insurance Other Than Ocean Marine [12201 - 12260] ( Chapter 3 added by Stats. 1941, Ch. 113. ) ## ARTICLE 5. Prepayments [12251 - 12260] ( Article 5 repealed and added by Stats. 1969, Ch. 736. )

    Verify source ↗

    If an insurer’s prepayments for a year exceed the annual tax, the excess is treated as an overpayment and may be credited to the next year’s first prepayment if the insurer elects. Any remaining overpayment may be credited or refunded under the referenced article.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 7. INSURANCE TAXATION [12001 - 13170] ( Part 7 added by Stats. 1941, Ch. 113. ) ## CHAPTER 3. All Insurance Other Than Ocean Marine [12201 - 12260] ( Chapter 3 added by Stats. 1941, Ch. 113. ) ## ARTICLE 5. Prepayments [12251 - 12260] ( Article 5 repealed and added by Stats. 1969, Ch. 736. ) ## 12257. (a) If the total amount of prepayments for any calendar year exceeds the amount of annual tax for that year, the excess shall be treated as an overpayment of annual tax and, at the election of the insurer, may be credited against the amounts due and payable for the first prepayment of the following year. Any amount of the overpayment not so credited shall be allowed as a credit or refund under Article 2 (commencing with Section 12977) of Chapter 7 of this part. (b) This section shall become operative on July 1, 2013. (Repealed (in Sec. 21) and added by Stats. 2013, Ch. 33, Sec. 22. (SB 78) Effective June 27, 2013. Section operative July 1, 2013, by its own provisions.)
  141. 12258.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 7. INSURANCE TAXATION [12001 - 13170] ( Part 7 added by Stats. 1941, Ch. 113. ) ## CHAPTER 3. All Insurance Other Than Ocean Marine [12201 - 12260] ( Chapter 3 added by Stats. 1941, Ch. 113. ) ## ARTICLE 5. Prepayments [12251 - 12260] ( Article 5 repealed and added by Stats. 1969, Ch. 736. )

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    If an insurer misses a required prepayment, it must pay a 10% penalty plus interest. Certain Medi-Cal managed care plan amounts remain taxable and must be submitted to the Department of Insurance within 30 days of receipt.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 7. INSURANCE TAXATION [12001 - 13170] ( Part 7 added by Stats. 1941, Ch. 113. ) ## CHAPTER 3. All Insurance Other Than Ocean Marine [12201 - 12260] ( Chapter 3 added by Stats. 1941, Ch. 113. ) ## ARTICLE 5. Prepayments [12251 - 12260] ( Article 5 repealed and added by Stats. 1969, Ch. 736. ) ## 12258. (a) Any insurer that fails to pay any prepayment within the time required shall pay a penalty of 10 percent of the amount of the required prepayment, plus interest at the modified adjusted rate per month, or fraction thereof, established pursuant to Section 6591.5, from the due date of the prepayment until the date of payment but not for any period after the due date of the annual tax. Assessments of prepayment deficiencies may be made in the manner provided by deficiency assessments of the annual tax. (b) Notwithstanding any other law, if a Medi-Cal managed care plan, as defined in subdivision (a) of Section 12009, receives additional amounts includable in its total operating revenue, as defined in Section 12241, for the service periods from January 1, 2009, to June 30, 2013, inclusive, those amounts shall continue to be subject to the tax imposed by Section 12201, as added by Section 4 of Chapter 33 of the Statutes of 2013, as added by Section 5 of Chapter 157 of the Statutes of 2009, as added by Section 31 of Chapter 717 of the Statutes of 2010, and as added by Section 2 of Chapter 11 of the First Extraordinary Session of the Statutes of 2011, and 100 percent of the tax continues to be due and shall be submitted to the Department of Insurance no later than 30 days after receipt of those amounts. (c) This section does not apply to an insurer subject to paragraph (1) of subdivision (c) of Section 12254. (Amended by Stats. 2017, Ch. 561, Sec. 229. (AB 1516) Effective January 1, 2018.)
  142. 12259.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 7. INSURANCE TAXATION [12001 - 13170] ( Part 7 added by Stats. 1941, Ch. 113. ) ## CHAPTER 3. All Insurance Other Than Ocean Marine [12201 - 12260] ( Chapter 3 added by Stats. 1941, Ch. 113. ) ## ARTICLE 5. Prepayments [12251 - 12260] ( Article 5 repealed and added by Stats. 1969, Ch. 736. )

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    This article applies to the State Compensation Insurance Fund and private insurers.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 7. INSURANCE TAXATION [12001 - 13170] ( Part 7 added by Stats. 1941, Ch. 113. ) ## CHAPTER 3. All Insurance Other Than Ocean Marine [12201 - 12260] ( Chapter 3 added by Stats. 1941, Ch. 113. ) ## ARTICLE 5. Prepayments [12251 - 12260] ( Article 5 repealed and added by Stats. 1969, Ch. 736. ) ## 12259. The provisions of this article apply to the State Compensation Insurance Fund as well as to private insurers. (Repealed and added by Stats. 1969, Ch. 736.)
  143. 12260.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 7. INSURANCE TAXATION [12001 - 13170] ( Part 7 added by Stats. 1941, Ch. 113. ) ## CHAPTER 3. All Insurance Other Than Ocean Marine [12201 - 12260] ( Chapter 3 added by Stats. 1941, Ch. 113. ) ## ARTICLE 5. Prepayments [12251 - 12260] ( Article 5 repealed and added by Stats. 1969, Ch. 736. )

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    The commissioner may excuse an insurer from making prepayments if the insurer proves it has stopped doing insurance business in California or its current-year annual tax will be under $20,000.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 7. INSURANCE TAXATION [12001 - 13170] ( Part 7 added by Stats. 1941, Ch. 113. ) ## CHAPTER 3. All Insurance Other Than Ocean Marine [12201 - 12260] ( Chapter 3 added by Stats. 1941, Ch. 113. ) ## ARTICLE 5. Prepayments [12251 - 12260] ( Article 5 repealed and added by Stats. 1969, Ch. 736. ) ## 12260. (a) Notwithstanding any other provision of this article, the commissioner may relieve an insurer of its obligation to make prepayments if the insurer establishes to the satisfaction of the commissioner that either the insurer has ceased to transact insurance in this state, or the insurer’s annual tax for the current year will be less than twenty thousand dollars ($20,000). (b) This section shall become operative on July 1, 2013. (Amended (as added by Stats. 2013, Ch. 33, Sec. 28) by Stats. 2014, Ch. 362, Sec. 8. (AB 2734) Effective January 1, 2015.)
  144. 12281.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 7. INSURANCE TAXATION [12001 - 13170] ( Part 7 added by Stats. 1941, Ch. 113. ) ## CHAPTER 3.5. Retaliatory Taxes, Licenses and Fees [12281 - 12289] ( Chapter 3.5 added by Stats. 1961, Ch. 44. )

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    Certain insurers must file a retaliatory tax return with the Insurance Commissioner by April 1, and insurers subject to ocean marine taxes must file an amended retaliatory tax return by June 15.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 7. INSURANCE TAXATION [12001 - 13170] ( Part 7 added by Stats. 1941, Ch. 113. ) ## CHAPTER 3.5. Retaliatory Taxes, Licenses and Fees [12281 - 12289] ( Chapter 3.5 added by Stats. 1961, Ch. 44. ) ## 12281. Annually, on or before April 1, each insurer subject to the imposition of retaliatory exactions shall file, in duplicate, with the Insurance Commissioner, in accordance with regulations promulgated by him or her, a retaliatory tax return in the form prescribed by the Insurance Commissioner. Annually, on or before June 15th, each insurer subject to the imposition of ocean marine taxes shall amend its retaliatory tax return by filing, in duplicate, with the Insurance Commissioner, an amended ocean marine retaliatory tax return in the form prescribed by the Insurance Commissioner. (Amended by Stats. 1990, Ch. 767, Sec. 1. Effective September 13, 1990. Applicable from January 1, 1990, by Sec. 9 of Ch. 767.)
  145. 12287.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 7. INSURANCE TAXATION [12001 - 13170] ( Part 7 added by Stats. 1941, Ch. 113. ) ## CHAPTER 3.5. Retaliatory Taxes, Licenses and Fees [12281 - 12289] ( Chapter 3.5 added by Stats. 1961, Ch. 44. )

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    Retaliatory tax is due by April 1, except ocean marine insurance-related amounts, which are due by June 15, and payments must be remitted to the Controller.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 7. INSURANCE TAXATION [12001 - 13170] ( Part 7 added by Stats. 1941, Ch. 113. ) ## CHAPTER 3.5. Retaliatory Taxes, Licenses and Fees [12281 - 12289] ( Chapter 3.5 added by Stats. 1961, Ch. 44. ) ## 12287. Except for the retaliatory tax due on ocean marine insurance, the retaliatory tax shall be due and payable on or before April 1 and shall be paid by remittance made payable to the Controller. Any additional retaliatory tax due on account of ocean marine insurance shall be due and payable on or before June 15 and shall be paid by remittance made payable to the Controller. If not paid on or before the due date, the amount of retaliatory tax shall bear interest at the modified adjusted rate per month, or fraction thereof, established pursuant to Section 6591.5, from April 1 (June 15 with respect to any additional ocean marine retaliatory tax) until the date of payment, and there shall be paid in addition to the tax and interest, a penalty of 10 percent of the amount of the retaliatory tax. (Amended by Stats. 1990, Ch. 767, Sec. 7. Effective September 13, 1990. Applicable from January 1, 1990, by Sec. 9 of Ch. 767.)
  146. 12288.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 7. INSURANCE TAXATION [12001 - 13170] ( Part 7 added by Stats. 1941, Ch. 113. ) ## CHAPTER 3.5. Retaliatory Taxes, Licenses and Fees [12281 - 12289] ( Chapter 3.5 added by Stats. 1961, Ch. 44. )

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    Deficiency assessments for retaliatory taxes may be made using the same procedure as other deficiency assessments under this part.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 7. INSURANCE TAXATION [12001 - 13170] ( Part 7 added by Stats. 1941, Ch. 113. ) ## CHAPTER 3.5. Retaliatory Taxes, Licenses and Fees [12281 - 12289] ( Chapter 3.5 added by Stats. 1961, Ch. 44. ) ## 12288. Deficiency assessments for retaliatory taxes may be made in the same manner as is provided by this part for other deficiency assessments. (Added by Stats. 1961, Ch. 44.)
  147. 12289.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 7. INSURANCE TAXATION [12001 - 13170] ( Part 7 added by Stats. 1941, Ch. 113. ) ## CHAPTER 3.5. Retaliatory Taxes, Licenses and Fees [12281 - 12289] ( Chapter 3.5 added by Stats. 1961, Ch. 44. )

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    Provisions in this part that do not conflict with this chapter apply to retaliatory taxes, including their assessment, levy, payment, collection, and correction.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 7. INSURANCE TAXATION [12001 - 13170] ( Part 7 added by Stats. 1941, Ch. 113. ) ## CHAPTER 3.5. Retaliatory Taxes, Licenses and Fees [12281 - 12289] ( Chapter 3.5 added by Stats. 1961, Ch. 44. ) ## 12289. All provisions of this part not in conflict with the provisions of this chapter shall apply to the assessment, levy, payment, collection and correction of retaliatory taxes, and the rights and remedies of the State and of insurers provided by this part shall apply to retaliatory taxes. (Added by Stats. 1961, Ch. 44.)
  148. 123.

    ## Revenue and Taxation Code - RTC ## DIVISION 1. PROPERTY TAXATION [50 - 5911] ( Division 1 enacted by Stats. 1939, Ch. 154. ) ## PART 1. GENERAL PROVISIONS [101 - 198.1] ( Part 1 enacted by Stats. 1939, Ch. 154. ) ## CHAPTER 1. Construction [101 - 136] ( Chapter 1 enacted by Stats. 1939, Ch. 154. )

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    This section defines “amount of defaulted taxes” on property as the relevant unpaid taxes and tax liens tied to the declaration of default.

    ## Revenue and Taxation Code - RTC ## DIVISION 1. PROPERTY TAXATION [50 - 5911] ( Division 1 enacted by Stats. 1939, Ch. 154. ) ## PART 1. GENERAL PROVISIONS [101 - 198.1] ( Part 1 enacted by Stats. 1939, Ch. 154. ) ## CHAPTER 1. Construction [101 - 136] ( Chapter 1 enacted by Stats. 1939, Ch. 154. ) ## 123. “Amount of defaulted taxes” on property means the sum of the following amounts: (a) The amount of taxes which were a lien on the real estate at the time of the declaration of default. (b) All other unpaid taxes of every description which were a lien on the property for the year of declaration of default and for each year since the declaration of default, as shown on the delinquent rolls for which the time of the declaration of default is past, or, if the property was not assessed for any year, which would be shown on such delinquent roll if it had been assessed in that year; except that the unpaid taxes which would be shown on such delinquent roll if the property had been assessed in any such year shall not be paid if the property was not assessed for any year because of having been acquired by the state or other public agency other than by tax deed. The amount of taxes for any year not assessed shall be based on the valuation required to be made by the assessor on redemption of unassessed property. (Amended by Stats. 1984, Ch. 988, Sec. 1. Effective September 11, 1984.)
  149. 12301.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 7. INSURANCE TAXATION [12001 - 13170] ( Part 7 added by Stats. 1941, Ch. 113. ) ## CHAPTER 4. Assessment and Effect of Tax [12301 - 12495] ( Heading of Chapter 4 amended by Stats. 1961, Ch. 740. ) ## ARTICLE 1. Tax Returns and Initial Payments [12301 - 12307] ( Article 1 repealed (comm. with Section 12402) and added by Stats. 1961, Ch. 740. )

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    Insurers must pay the taxes covered by this section annually by April 1 of the following year, except ocean marine insurance taxes and retaliatory taxes, which are treated differently; ocean marine insurance taxes are due by June 15.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 7. INSURANCE TAXATION [12001 - 13170] ( Part 7 added by Stats. 1941, Ch. 113. ) ## CHAPTER 4. Assessment and Effect of Tax [12301 - 12495] ( Heading of Chapter 4 amended by Stats. 1961, Ch. 740. ) ## ARTICLE 1. Tax Returns and Initial Payments [12301 - 12307] ( Article 1 repealed (comm. with Section 12402) and added by Stats. 1961, Ch. 740. ) ## 12301. (a) The taxes imposed upon insurers by Section 28 of Article XIII of the California Constitution and this part, except with respect to taxes on ocean marine insurance and retaliatory taxes, are due and payable annually on or before April 1 of the year following the calendar year in which the insurer engaged in the business of insurance or transacted insurance in this state. The taxes imposed with respect to ocean marine insurance are due and payable on or before June 15 of that year. (b) This section shall become operative on July 1, 2013. (Repealed (in Sec. 30) and added by Stats. 2013, Ch. 33, Sec. 31. (SB 78) Effective June 27, 2013. Section operative July 1, 2013, by its own provisions.)
  150. 12302.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 7. INSURANCE TAXATION [12001 - 13170] ( Part 7 added by Stats. 1941, Ch. 113. ) ## CHAPTER 4. Assessment and Effect of Tax [12301 - 12495] ( Heading of Chapter 4 amended by Stats. 1961, Ch. 740. ) ## ARTICLE 1. Tax Returns and Initial Payments [12301 - 12307] ( Article 1 repealed (comm. with Section 12402) and added by Stats. 1961, Ch. 740. )

    Verify source ↗

    Certain taxpayers must file an insurance tax return with the commissioner by the deadline and provide required information.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 7. INSURANCE TAXATION [12001 - 13170] ( Part 7 added by Stats. 1941, Ch. 113. ) ## CHAPTER 4. Assessment and Effect of Tax [12301 - 12495] ( Heading of Chapter 4 amended by Stats. 1961, Ch. 740. ) ## ARTICLE 1. Tax Returns and Initial Payments [12301 - 12307] ( Article 1 repealed (comm. with Section 12402) and added by Stats. 1961, Ch. 740. ) ## 12302. (a) On or before April 1 (or June 15 with respect to taxes on ocean marine insurance) every person that is subject to any tax imposed by Section 28 of Article XIII of the California Constitution or this part, in respect to the preceding calendar year shall file, in duplicate, an insurance tax return with the commissioner in the form as the commissioner may prescribe. The return shall show that information pertaining to its insurance business in this state as will reflect the basis of its tax as set forth in Chapter 2 (commencing with Section 12071) and Chapter 3 (commencing with Section 12201) of this part, the computation of the amount of tax for the period covered by the return, the total amount of any tax prepayments made pursuant to Article 5 (commencing with Section 12251) of Chapter 3 of this part, and any other information as the commissioner may require to carry out the purposes of this part. Separate returns shall be filed with respect to the following kinds of insurance: (1) Life insurance (or life insurance and disability insurance). (2) Ocean marine insurance. (3) Title insurance. (4) Insurance other than life insurance (or life insurance and disability insurance), ocean marine insurance or title insurance. (b) This section shall become operative on July 1, 2013. (Repealed (in Sec. 33) and added by Stats. 2013, Ch. 33, Sec. 34. (SB 78) Effective June 27, 2013. Section operative July 1, 2013, by its own provisions.)
  151. 12303.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 7. INSURANCE TAXATION [12001 - 13170] ( Part 7 added by Stats. 1941, Ch. 113. ) ## CHAPTER 4. Assessment and Effect of Tax [12301 - 12495] ( Heading of Chapter 4 amended by Stats. 1961, Ch. 740. ) ## ARTICLE 1. Tax Returns and Initial Payments [12301 - 12307] ( Article 1 repealed (comm. with Section 12402) and added by Stats. 1961, Ch. 740. )

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    Returns filed under this article must be signed and sworn, or include a penalty-of-perjury declaration; special signing rules apply for foreign and alien insurers.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 7. INSURANCE TAXATION [12001 - 13170] ( Part 7 added by Stats. 1941, Ch. 113. ) ## CHAPTER 4. Assessment and Effect of Tax [12301 - 12495] ( Heading of Chapter 4 amended by Stats. 1961, Ch. 740. ) ## ARTICLE 1. Tax Returns and Initial Payments [12301 - 12307] ( Article 1 repealed (comm. with Section 12402) and added by Stats. 1961, Ch. 740. ) ## 12303. (a) Every return required by this article to be filed with the commissioner shall be signed by the insurer or an executive officer of the insurer and shall be made under oath or contain a written declaration that it is made under penalty of perjury. A return of a foreign insurer may be signed and verified by its manager residing within this state. A return of an alien insurer may be signed and verified by the United States manager of the insurer. (b) This section shall become operative on July 1, 2013. (Repealed (in Sec. 36) and added by Stats. 2013, Ch. 33, Sec. 37. (SB 78) Effective June 27, 2013. Section operative July 1, 2013, by its own provisions.)
  152. 12304.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 7. INSURANCE TAXATION [12001 - 13170] ( Part 7 added by Stats. 1941, Ch. 113. ) ## CHAPTER 4. Assessment and Effect of Tax [12301 - 12495] ( Heading of Chapter 4 amended by Stats. 1961, Ch. 740. ) ## ARTICLE 1. Tax Returns and Initial Payments [12301 - 12307] ( Article 1 repealed (comm. with Section 12402) and added by Stats. 1961, Ch. 740. )

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    The commissioner must provide blank return forms on application, and an insurer still must file a timely return even if it cannot get the form.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 7. INSURANCE TAXATION [12001 - 13170] ( Part 7 added by Stats. 1941, Ch. 113. ) ## CHAPTER 4. Assessment and Effect of Tax [12301 - 12495] ( Heading of Chapter 4 amended by Stats. 1961, Ch. 740. ) ## ARTICLE 1. Tax Returns and Initial Payments [12301 - 12307] ( Article 1 repealed (comm. with Section 12402) and added by Stats. 1961, Ch. 740. ) ## 12304. (a) Blank forms of returns shall be furnished by the commissioner on application, but failure to secure the form shall not relieve any insurer from making or filing a timely return. (b) This section shall become operative on July 1, 2013. (Repealed (in Sec. 39) and added by Stats. 2013, Ch. 33, Sec. 40. (SB 78) Effective June 27, 2013. Section operative July 1, 2013, by its own provisions.)
  153. 12305.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 7. INSURANCE TAXATION [12001 - 13170] ( Part 7 added by Stats. 1941, Ch. 113. ) ## CHAPTER 4. Assessment and Effect of Tax [12301 - 12495] ( Heading of Chapter 4 amended by Stats. 1961, Ch. 740. ) ## ARTICLE 1. Tax Returns and Initial Payments [12301 - 12307] ( Article 1 repealed (comm. with Section 12402) and added by Stats. 1961, Ch. 740. )

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    An insurer required to file a return must send the return in duplicate with a remittance payable to the Controller for the tax shown, after subtracting any allowed prepayments, to the commissioner’s office.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 7. INSURANCE TAXATION [12001 - 13170] ( Part 7 added by Stats. 1941, Ch. 113. ) ## CHAPTER 4. Assessment and Effect of Tax [12301 - 12495] ( Heading of Chapter 4 amended by Stats. 1961, Ch. 740. ) ## ARTICLE 1. Tax Returns and Initial Payments [12301 - 12307] ( Article 1 repealed (comm. with Section 12402) and added by Stats. 1961, Ch. 740. ) ## 12305. (a) The insurer required to file a return shall deliver the return in duplicate, together with a remittance payable to the Controller, for the amount of tax computed and shown thereon, less any prepayments made pursuant to Article 5 (commencing with Section 12251) of Chapter 3 of this part, to the office of the commissioner. (b) This section shall become operative on July 1, 2013. (Repealed (in Sec. 42) and added by Stats. 2013, Ch. 33, Sec. 43. (SB 78) Effective June 27, 2013. Section operative July 1, 2013, by its own provisions.)
  154. 12306.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 7. INSURANCE TAXATION [12001 - 13170] ( Part 7 added by Stats. 1941, Ch. 113. ) ## CHAPTER 4. Assessment and Effect of Tax [12301 - 12495] ( Heading of Chapter 4 amended by Stats. 1961, Ch. 740. ) ## ARTICLE 1. Tax Returns and Initial Payments [12301 - 12307] ( Article 1 repealed (comm. with Section 12402) and added by Stats. 1961, Ch. 740. )

    Verify source ↗

    The commissioner may grant up to a 30-day extension for filing a tax return or paying an amount due with the return, if good cause is shown.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 7. INSURANCE TAXATION [12001 - 13170] ( Part 7 added by Stats. 1941, Ch. 113. ) ## CHAPTER 4. Assessment and Effect of Tax [12301 - 12495] ( Heading of Chapter 4 amended by Stats. 1961, Ch. 740. ) ## ARTICLE 1. Tax Returns and Initial Payments [12301 - 12307] ( Article 1 repealed (comm. with Section 12402) and added by Stats. 1961, Ch. 740. ) ## 12306. The commissioner, for good cause shown, may extend for not to exceed 30 days the time for filing a tax return or paying any amount required to be paid with the return. The extension may be granted at any time, provided that a request therefor is filed with the commissioner within or prior to the period for which the extension may be granted. (Amended by Stats. 1965, Ch. 510.)
  155. 12307.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 7. INSURANCE TAXATION [12001 - 13170] ( Part 7 added by Stats. 1941, Ch. 113. ) ## CHAPTER 4. Assessment and Effect of Tax [12301 - 12495] ( Heading of Chapter 4 amended by Stats. 1961, Ch. 740. ) ## ARTICLE 1. Tax Returns and Initial Payments [12301 - 12307] ( Article 1 repealed (comm. with Section 12402) and added by Stats. 1961, Ch. 740. )

    Verify source ↗

    If an insurer gets an extension, it must pay interest on the tax in addition to the tax itself.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 7. INSURANCE TAXATION [12001 - 13170] ( Part 7 added by Stats. 1941, Ch. 113. ) ## CHAPTER 4. Assessment and Effect of Tax [12301 - 12495] ( Heading of Chapter 4 amended by Stats. 1961, Ch. 740. ) ## ARTICLE 1. Tax Returns and Initial Payments [12301 - 12307] ( Article 1 repealed (comm. with Section 12402) and added by Stats. 1961, Ch. 740. ) ## 12307. (a) Any insurer that is granted an extension shall pay, in addition to the tax, interest at the modified adjusted rate per month, or fraction thereof, established pursuant to Section 6591.5, from April 1 until the date of payment. (b) This section shall become operative on July 1, 2013. (Repealed (in Sec. 45) and added by Stats. 2013, Ch. 33, Sec. 46. (SB 78) Effective June 27, 2013. Section operative July 1, 2013, by its own provisions.)
  156. 124.

    ## Revenue and Taxation Code - RTC ## DIVISION 1. PROPERTY TAXATION [50 - 5911] ( Division 1 enacted by Stats. 1939, Ch. 154. ) ## PART 1. GENERAL PROVISIONS [101 - 198.1] ( Part 1 enacted by Stats. 1939, Ch. 154. ) ## CHAPTER 1. Construction [101 - 136] ( Chapter 1 enacted by Stats. 1939, Ch. 154. )

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    “Current taxes” are taxes that are a lien on property and are not part of the “amount of defaulted taxes,” with a timing exception for taxes becoming a lien after the lien date and before the property is declared tax-defaulted.

    ## Revenue and Taxation Code - RTC ## DIVISION 1. PROPERTY TAXATION [50 - 5911] ( Division 1 enacted by Stats. 1939, Ch. 154. ) ## PART 1. GENERAL PROVISIONS [101 - 198.1] ( Part 1 enacted by Stats. 1939, Ch. 154. ) ## CHAPTER 1. Construction [101 - 136] ( Chapter 1 enacted by Stats. 1939, Ch. 154. ) ## 124. “Current taxes” means taxes which are a lien on property, but which are not included in “amount of defaulted taxes” except that, between a lien date and the time in the same calendar year when property is declared to be tax-defaulted, the taxes becoming a lien on this lien date in such calendar year are not yet “current taxes.” (Amended by Stats. 1984, Ch. 988, Sec. 1.1. Effective September 11, 1984.)
  157. 12411.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 7. INSURANCE TAXATION [12001 - 13170] ( Part 7 added by Stats. 1941, Ch. 113. ) ## CHAPTER 4. Assessment and Effect of Tax [12301 - 12495] ( Heading of Chapter 4 amended by Stats. 1961, Ch. 740. ) ## ARTICLE 2. Initial Assessments [12411 - 12414] ( Article 2 repealed (comm. with Section 12431) and added by Stats. 1961, Ch. 740. )

    Verify source ↗

    The commissioner must promptly forward a duplicate copy of each tax return received to the board.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 7. INSURANCE TAXATION [12001 - 13170] ( Part 7 added by Stats. 1941, Ch. 113. ) ## CHAPTER 4. Assessment and Effect of Tax [12301 - 12495] ( Heading of Chapter 4 amended by Stats. 1961, Ch. 740. ) ## ARTICLE 2. Initial Assessments [12411 - 12414] ( Article 2 repealed (comm. with Section 12431) and added by Stats. 1961, Ch. 740. ) ## 12411. A duplicate copy of each tax return received by the commissioner shall be promptly forwarded to the board. (Added by Stats. 1961, Ch. 740.)
  158. 12412.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 7. INSURANCE TAXATION [12001 - 13170] ( Part 7 added by Stats. 1941, Ch. 113. ) ## CHAPTER 4. Assessment and Effect of Tax [12301 - 12495] ( Heading of Chapter 4 amended by Stats. 1961, Ch. 740. ) ## ARTICLE 2. Initial Assessments [12411 - 12414] ( Article 2 repealed (comm. with Section 12431) and added by Stats. 1961, Ch. 740. )

    Verify source ↗

    When the board receives the duplicate copy of an insurer’s return, it must initially assess the tax based on the data reported on that return.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 7. INSURANCE TAXATION [12001 - 13170] ( Part 7 added by Stats. 1941, Ch. 113. ) ## CHAPTER 4. Assessment and Effect of Tax [12301 - 12495] ( Heading of Chapter 4 amended by Stats. 1961, Ch. 740. ) ## ARTICLE 2. Initial Assessments [12411 - 12414] ( Article 2 repealed (comm. with Section 12431) and added by Stats. 1961, Ch. 740. ) ## 12412. (a) Upon receipt of the duplicate copy of the return of an insurer the board shall initially assess the tax in accordance with the data as reported by the insurer on the return. (b) This section shall become operative on July 1, 2013. (Repealed (in Sec. 48) and added by Stats. 2013, Ch. 33, Sec. 49. (SB 78) Effective June 27, 2013. Section operative July 1, 2013, by its own provisions.)
  159. 12413.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 7. INSURANCE TAXATION [12001 - 13170] ( Part 7 added by Stats. 1941, Ch. 113. ) ## CHAPTER 4. Assessment and Effect of Tax [12301 - 12495] ( Heading of Chapter 4 amended by Stats. 1961, Ch. 740. ) ## ARTICLE 2. Initial Assessments [12411 - 12414] ( Article 2 repealed (comm. with Section 12431) and added by Stats. 1961, Ch. 740. )

    Verify source ↗

    The board must promptly send notice of its initial assessment to the commissioner and the Controller, and also to the insurer if the assessment differs from the insurer’s computed amount.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 7. INSURANCE TAXATION [12001 - 13170] ( Part 7 added by Stats. 1941, Ch. 113. ) ## CHAPTER 4. Assessment and Effect of Tax [12301 - 12495] ( Heading of Chapter 4 amended by Stats. 1961, Ch. 740. ) ## ARTICLE 2. Initial Assessments [12411 - 12414] ( Article 2 repealed (comm. with Section 12431) and added by Stats. 1961, Ch. 740. ) ## 12413. (a) The board shall promptly transmit notice of its initial assessment to the commissioner and the Controller, and if the initial assessment differs from the amount computed by the insurer, notice shall also be given to the insurer. (b) This section shall become operative on July 1, 2013. (Repealed (in Sec. 51) and added by Stats. 2013, Ch. 33, Sec. 52. (SB 78) Effective June 27, 2013. Section operative July 1, 2013, by its own provisions.)
  160. 12414.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 7. INSURANCE TAXATION [12001 - 13170] ( Part 7 added by Stats. 1941, Ch. 113. ) ## CHAPTER 4. Assessment and Effect of Tax [12301 - 12495] ( Heading of Chapter 4 amended by Stats. 1961, Ch. 740. ) ## ARTICLE 2. Initial Assessments [12411 - 12414] ( Article 2 repealed (comm. with Section 12431) and added by Stats. 1961, Ch. 740. )

    Verify source ↗

    The board may use an overpayment from one calendar year to offset an underpayment, penalties, or interest for another calendar year when making an initial assessment.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 7. INSURANCE TAXATION [12001 - 13170] ( Part 7 added by Stats. 1941, Ch. 113. ) ## CHAPTER 4. Assessment and Effect of Tax [12301 - 12495] ( Heading of Chapter 4 amended by Stats. 1961, Ch. 740. ) ## ARTICLE 2. Initial Assessments [12411 - 12414] ( Article 2 repealed (comm. with Section 12431) and added by Stats. 1961, Ch. 740. ) ## 12414. In making an initial assessment the board may offset an overpayment for one calendar year against an underpayment for another calendar year, against penalties, and against any interest on an underpayment. (Added by Stats. 1961, Ch. 740.)
  161. 12421.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 7. INSURANCE TAXATION [12001 - 13170] ( Part 7 added by Stats. 1941, Ch. 113. ) ## CHAPTER 4. Assessment and Effect of Tax [12301 - 12495] ( Heading of Chapter 4 amended by Stats. 1961, Ch. 740. ) ## ARTICLE 3. Deficiency Assessments [12421 - 12435] ( Article 3 repealed (comm. with Section 12462) and added by Stats. 1961, Ch. 740. )

    Verify source ↗

    After an insurer’s or surplus line broker’s return is filed, the commissioner must examine it and determine the correct tax amount.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 7. INSURANCE TAXATION [12001 - 13170] ( Part 7 added by Stats. 1941, Ch. 113. ) ## CHAPTER 4. Assessment and Effect of Tax [12301 - 12495] ( Heading of Chapter 4 amended by Stats. 1961, Ch. 740. ) ## ARTICLE 3. Deficiency Assessments [12421 - 12435] ( Article 3 repealed (comm. with Section 12462) and added by Stats. 1961, Ch. 740. ) ## 12421. (a) As soon as practicable after an insurer’s or surplus line broker’s return is filed, the commissioner shall examine it, together with any information within his or her possession or that may come into his or her possession, and he or she shall determine the correct amount of tax of the insurer or surplus line broker. (b) This section shall become operative on July 1, 2013. (Repealed (in Sec. 54) and added by Stats. 2013, Ch. 33, Sec. 55. (SB 78) Effective June 27, 2013. Section operative July 1, 2013, by its own provisions.)
  162. 12422.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 7. INSURANCE TAXATION [12001 - 13170] ( Part 7 added by Stats. 1941, Ch. 113. ) ## CHAPTER 4. Assessment and Effect of Tax [12301 - 12495] ( Heading of Chapter 4 amended by Stats. 1961, Ch. 740. ) ## ARTICLE 3. Deficiency Assessments [12421 - 12435] ( Article 3 repealed (comm. with Section 12462) and added by Stats. 1961, Ch. 740. )

    Verify source ↗

    The commissioner must propose a written deficiency assessment to the board if the commissioner’s examination shows tax is higher than the amount shown on the insurer’s or surplus line broker’s tax return.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 7. INSURANCE TAXATION [12001 - 13170] ( Part 7 added by Stats. 1941, Ch. 113. ) ## CHAPTER 4. Assessment and Effect of Tax [12301 - 12495] ( Heading of Chapter 4 amended by Stats. 1961, Ch. 740. ) ## ARTICLE 3. Deficiency Assessments [12421 - 12435] ( Article 3 repealed (comm. with Section 12462) and added by Stats. 1961, Ch. 740. ) ## 12422. (a) If the commissioner determines that the amount of tax disclosed by the insurer’s tax return and assessed by the board is less than the amount of tax disclosed by his or her examination, he or she shall propose, in writing, to the board a deficiency assessment for the difference. The proposal shall set forth the basis for the deficiency assessment and the details of its computation. (b) If the commissioner determines that the amount of tax disclosed by the surplus line broker’s tax return is less than the amount of tax disclosed by his or her examination, he or she shall propose, in writing, to the board a deficiency assessment for the difference. The proposal shall set forth the basis for the deficiency assessment and the details of its computation. (c) This section shall become operative on July 1, 2013. (Repealed (in Sec. 57) and added by Stats. 2013, Ch. 33, Sec. 58. (SB 78) Effective June 27, 2013. Section operative July 1, 2013, by its own provisions.)
  163. 12423.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 7. INSURANCE TAXATION [12001 - 13170] ( Part 7 added by Stats. 1941, Ch. 113. ) ## CHAPTER 4. Assessment and Effect of Tax [12301 - 12495] ( Heading of Chapter 4 amended by Stats. 1961, Ch. 740. ) ## ARTICLE 3. Deficiency Assessments [12421 - 12435] ( Article 3 repealed (comm. with Section 12462) and added by Stats. 1961, Ch. 740. )

    Verify source ↗

    If an insurer or surplus line broker does not file a return, the commissioner may require one, estimate the tax due, and submit a written deficiency assessment to the board.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 7. INSURANCE TAXATION [12001 - 13170] ( Part 7 added by Stats. 1941, Ch. 113. ) ## CHAPTER 4. Assessment and Effect of Tax [12301 - 12495] ( Heading of Chapter 4 amended by Stats. 1961, Ch. 740. ) ## ARTICLE 3. Deficiency Assessments [12421 - 12435] ( Article 3 repealed (comm. with Section 12462) and added by Stats. 1961, Ch. 740. ) ## 12423. (a) If an insurer or surplus line broker fails to file a return, the commissioner may require a return by mailing notice to the insurer or surplus line broker to file a return by a specified date or he or she may without requiring a return, or upon no return having been filed pursuant to the demand therefor, make an estimate of the amount of tax due for the calendar year or years in respect to which the insurer or surplus line broker failed to file the return. The estimate shall be made from any available information which is in the commissioner’s possession or may come into his or her possession, and the commissioner shall propose, in writing, to the board a deficiency assessment for the amount of the estimated tax. The proposal shall set forth the basis of the estimate and the details of the computation of the tax. (b) This section shall become operative on July 1, 2013. (Repealed (in Sec. 60) and added by Stats. 2013, Ch. 33, Sec. 61. (SB 78) Effective June 27, 2013. Section operative July 1, 2013, by its own provisions.)
  164. 12424.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 7. INSURANCE TAXATION [12001 - 13170] ( Part 7 added by Stats. 1941, Ch. 113. ) ## CHAPTER 4. Assessment and Effect of Tax [12301 - 12495] ( Heading of Chapter 4 amended by Stats. 1961, Ch. 740. ) ## ARTICLE 3. Deficiency Assessments [12421 - 12435] ( Article 3 repealed (comm. with Section 12462) and added by Stats. 1961, Ch. 740. )

    Verify source ↗

    The board must make a deficiency assessment based on a proposal submitted by the commissioner under Section 12422 or 12423.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 7. INSURANCE TAXATION [12001 - 13170] ( Part 7 added by Stats. 1941, Ch. 113. ) ## CHAPTER 4. Assessment and Effect of Tax [12301 - 12495] ( Heading of Chapter 4 amended by Stats. 1961, Ch. 740. ) ## ARTICLE 3. Deficiency Assessments [12421 - 12435] ( Article 3 repealed (comm. with Section 12462) and added by Stats. 1961, Ch. 740. ) ## 12424. The board shall make a deficiency assessment on the basis of a proposal submitted to it by the commissioner pursuant to Section 12422 or 12423. (Added by Stats. 1961, Ch. 740.)
  165. 12425.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 7. INSURANCE TAXATION [12001 - 13170] ( Part 7 added by Stats. 1941, Ch. 113. ) ## CHAPTER 4. Assessment and Effect of Tax [12301 - 12495] ( Heading of Chapter 4 amended by Stats. 1961, Ch. 740. ) ## ARTICLE 3. Deficiency Assessments [12421 - 12435] ( Article 3 repealed (comm. with Section 12462) and added by Stats. 1961, Ch. 740. )

    Verify source ↗

    One or more deficiency assessments may be proposed or made for tax due for one calendar year or for more than one calendar year.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 7. INSURANCE TAXATION [12001 - 13170] ( Part 7 added by Stats. 1941, Ch. 113. ) ## CHAPTER 4. Assessment and Effect of Tax [12301 - 12495] ( Heading of Chapter 4 amended by Stats. 1961, Ch. 740. ) ## ARTICLE 3. Deficiency Assessments [12421 - 12435] ( Article 3 repealed (comm. with Section 12462) and added by Stats. 1961, Ch. 740. ) ## 12425. One or more deficiency assessments may be proposed or made for the amount of tax due for one or for more than one calendar year. (Added by Stats. 1961, Ch. 740.)
  166. 12426.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 7. INSURANCE TAXATION [12001 - 13170] ( Part 7 added by Stats. 1941, Ch. 113. ) ## CHAPTER 4. Assessment and Effect of Tax [12301 - 12495] ( Heading of Chapter 4 amended by Stats. 1961, Ch. 740. ) ## ARTICLE 3. Deficiency Assessments [12421 - 12435] ( Article 3 repealed (comm. with Section 12462) and added by Stats. 1961, Ch. 740. )

    Verify source ↗

    When making a deficiency assessment, the board may offset an overpayment from one calendar year against another year’s underpayment, penalties, and interest on an underpayment.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 7. INSURANCE TAXATION [12001 - 13170] ( Part 7 added by Stats. 1941, Ch. 113. ) ## CHAPTER 4. Assessment and Effect of Tax [12301 - 12495] ( Heading of Chapter 4 amended by Stats. 1961, Ch. 740. ) ## ARTICLE 3. Deficiency Assessments [12421 - 12435] ( Article 3 repealed (comm. with Section 12462) and added by Stats. 1961, Ch. 740. ) ## 12426. In making a deficiency assessment the board may offset an overpayment for one calendar year against an underpayment for another calendar year, against penalties and against any interest on an underpayment. (Added by Stats. 1961, Ch. 740.)
  167. 12427.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 7. INSURANCE TAXATION [12001 - 13170] ( Part 7 added by Stats. 1941, Ch. 113. ) ## CHAPTER 4. Assessment and Effect of Tax [12301 - 12495] ( Heading of Chapter 4 amended by Stats. 1961, Ch. 740. ) ## ARTICLE 3. Deficiency Assessments [12421 - 12435] ( Article 3 repealed (comm. with Section 12462) and added by Stats. 1961, Ch. 740. )

    Verify source ↗

    The board must promptly notify the insurer or surplus line broker when a deficiency assessment is made against either of them.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 7. INSURANCE TAXATION [12001 - 13170] ( Part 7 added by Stats. 1941, Ch. 113. ) ## CHAPTER 4. Assessment and Effect of Tax [12301 - 12495] ( Heading of Chapter 4 amended by Stats. 1961, Ch. 740. ) ## ARTICLE 3. Deficiency Assessments [12421 - 12435] ( Article 3 repealed (comm. with Section 12462) and added by Stats. 1961, Ch. 740. ) ## 12427. (a) The board shall promptly notify the insurer or surplus line broker of a deficiency assessment made against the insurer or surplus line broker. (b) This section shall become operative on July 1, 2013. (Repealed (in Sec. 63) and added by Stats. 2013, Ch. 33, Sec. 64. (SB 78) Effective June 27, 2013. Section operative July 1, 2013.)
  168. 12428.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 7. INSURANCE TAXATION [12001 - 13170] ( Part 7 added by Stats. 1941, Ch. 113. ) ## CHAPTER 4. Assessment and Effect of Tax [12301 - 12495] ( Heading of Chapter 4 amended by Stats. 1961, Ch. 740. ) ## ARTICLE 3. Deficiency Assessments [12421 - 12435] ( Article 3 repealed (comm. with Section 12462) and added by Stats. 1961, Ch. 740. )

    Verify source ↗

    An insurer or surplus line broker facing a deficiency assessment may ask for redetermination within 30 days after notice, and must file a copy with the commissioner when filing with the board.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 7. INSURANCE TAXATION [12001 - 13170] ( Part 7 added by Stats. 1941, Ch. 113. ) ## CHAPTER 4. Assessment and Effect of Tax [12301 - 12495] ( Heading of Chapter 4 amended by Stats. 1961, Ch. 740. ) ## ARTICLE 3. Deficiency Assessments [12421 - 12435] ( Article 3 repealed (comm. with Section 12462) and added by Stats. 1961, Ch. 740. ) ## 12428. (a) An insurer or surplus line broker against which a deficiency assessment is made under Section 12424 or 12425 may petition for redetermination of the deficiency assessment within 30 days after service upon the insurer or surplus line broker of the notice thereof, by filing with the board a written petition setting forth the grounds of objection to the deficiency assessment and the correction sought. At the time the petition is filed with the board, a copy of the petition shall be filed with the commissioner. If a petition for redetermination is not filed within the period prescribed by this section, the deficiency assessment becomes final and due and payable at the expiration of that period. (b) This section shall become operative on July 1, 2013. (Repealed (in Sec. 66) and added by Stats. 2013, Ch. 33, Sec. 67. (SB 78) Effective June 27, 2013. Section operative July 1, 2013, by its own provisions.)
  169. 12429.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 7. INSURANCE TAXATION [12001 - 13170] ( Part 7 added by Stats. 1941, Ch. 113. ) ## CHAPTER 4. Assessment and Effect of Tax [12301 - 12495] ( Heading of Chapter 4 amended by Stats. 1961, Ch. 740. ) ## ARTICLE 3. Deficiency Assessments [12421 - 12435] ( Article 3 repealed (comm. with Section 12462) and added by Stats. 1961, Ch. 740. )

    Verify source ↗

    If a petition for redetermination of a deficiency assessment is timely filed, the board must reconsider it and, if requested, hold an oral hearing and give at least 20 days’ notice to the petitioner and the commissioner.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 7. INSURANCE TAXATION [12001 - 13170] ( Part 7 added by Stats. 1941, Ch. 113. ) ## CHAPTER 4. Assessment and Effect of Tax [12301 - 12495] ( Heading of Chapter 4 amended by Stats. 1961, Ch. 740. ) ## ARTICLE 3. Deficiency Assessments [12421 - 12435] ( Article 3 repealed (comm. with Section 12462) and added by Stats. 1961, Ch. 740. ) ## 12429. (a) If a petition for redetermination of a deficiency assessment is filed within the time allowed under Section 12428, the board shall reconsider the deficiency assessment and, if the insurer or surplus line broker has so requested in the petition, shall grant an oral hearing for the presentation of evidence and argument before the board or its authorized representative. The board shall give the petitioner and the commissioner at least 20 days’ notice of the time and place of hearing. The hearing may be continued from time to time as may be necessary. (b) This section shall become operative on July 1, 2013. (Repealed (in Sec. 69) and added by Stats. 2013, Ch. 33, Sec. 70. (SB 78) Effective June 27, 2013. Section operative July 1, 2013, by its own provisions.)
  170. 12430.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 7. INSURANCE TAXATION [12001 - 13170] ( Part 7 added by Stats. 1941, Ch. 113. ) ## CHAPTER 4. Assessment and Effect of Tax [12301 - 12495] ( Heading of Chapter 4 amended by Stats. 1961, Ch. 740. ) ## ARTICLE 3. Deficiency Assessments [12421 - 12435] ( Article 3 repealed (comm. with Section 12462) and added by Stats. 1961, Ch. 740. )

    Verify source ↗

    The board may decrease or increase a deficiency assessment before it becomes final; any increase is allowed only if a claim for the increase is asserted by the commissioner or the board at or before the hearing.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 7. INSURANCE TAXATION [12001 - 13170] ( Part 7 added by Stats. 1941, Ch. 113. ) ## CHAPTER 4. Assessment and Effect of Tax [12301 - 12495] ( Heading of Chapter 4 amended by Stats. 1961, Ch. 740. ) ## ARTICLE 3. Deficiency Assessments [12421 - 12435] ( Article 3 repealed (comm. with Section 12462) and added by Stats. 1961, Ch. 740. ) ## 12430. The board may decrease or increase the amount of the deficiency assessment before the deficiency assessment becomes final, but the amount may be increased only if a claim for the increase is asserted by the commissioner or the board at or before the hearing. (Added by Stats. 1961, Ch. 740.)
  171. 12431.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 7. INSURANCE TAXATION [12001 - 13170] ( Part 7 added by Stats. 1941, Ch. 113. ) ## CHAPTER 4. Assessment and Effect of Tax [12301 - 12495] ( Heading of Chapter 4 amended by Stats. 1961, Ch. 740. ) ## ARTICLE 3. Deficiency Assessments [12421 - 12435] ( Article 3 repealed (comm. with Section 12462) and added by Stats. 1961, Ch. 740. )

    Verify source ↗

    A board decision on a petition to redetermine a deficiency assessment becomes final 30 days after notice is served on the insurer or surplus line broker, and the resulting deficiency assessment is then due and payable.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 7. INSURANCE TAXATION [12001 - 13170] ( Part 7 added by Stats. 1941, Ch. 113. ) ## CHAPTER 4. Assessment and Effect of Tax [12301 - 12495] ( Heading of Chapter 4 amended by Stats. 1961, Ch. 740. ) ## ARTICLE 3. Deficiency Assessments [12421 - 12435] ( Article 3 repealed (comm. with Section 12462) and added by Stats. 1961, Ch. 740. ) ## 12431. (a) The order or decision of the board upon a petition for redetermination of a deficiency assessment becomes final 30 days after service on the insurer or surplus line broker of a notice thereof, and any resulting deficiency assessment is due and payable at the time the order or decision becomes final. (b) This section shall become operative on July 1, 2013. (Repealed (in Sec. 72) and added by Stats. 2013, Ch. 33, Sec. 73. (SB 78) Effective June 27, 2013. Section operative July 1, 2013, by its own provisions.)
  172. 12432.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 7. INSURANCE TAXATION [12001 - 13170] ( Part 7 added by Stats. 1941, Ch. 113. ) ## CHAPTER 4. Assessment and Effect of Tax [12301 - 12495] ( Heading of Chapter 4 amended by Stats. 1961, Ch. 740. ) ## ARTICLE 3. Deficiency Assessments [12421 - 12435] ( Article 3 repealed (comm. with Section 12462) and added by Stats. 1961, Ch. 740. )

    Verify source ↗

    A notice of deficiency assessment must usually be given within four years, but the period is eight years if a return was not filed.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 7. INSURANCE TAXATION [12001 - 13170] ( Part 7 added by Stats. 1941, Ch. 113. ) ## CHAPTER 4. Assessment and Effect of Tax [12301 - 12495] ( Heading of Chapter 4 amended by Stats. 1961, Ch. 740. ) ## ARTICLE 3. Deficiency Assessments [12421 - 12435] ( Article 3 repealed (comm. with Section 12462) and added by Stats. 1961, Ch. 740. ) ## 12432. Except for a notice given pursuant to Section 12430 or 12431, or in the case of fraud or the failure to file a return, every notice of a deficiency assessment shall be given within four years after April 1st of the year following the year for which the amount of tax is assessed or within four years after the return is filed, whichever period expires the later. In the case of failure to file a return the notice shall be given within eight years after April 1st of the year following the year for which the amount of tax is assessed. (Amended by Stats. 1969, Ch. 736.)
  173. 12433.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 7. INSURANCE TAXATION [12001 - 13170] ( Part 7 added by Stats. 1941, Ch. 113. ) ## CHAPTER 4. Assessment and Effect of Tax [12301 - 12495] ( Heading of Chapter 4 amended by Stats. 1961, Ch. 740. ) ## ARTICLE 3. Deficiency Assessments [12421 - 12435] ( Article 3 repealed (comm. with Section 12462) and added by Stats. 1961, Ch. 740. )

    Verify source ↗

    The insurer or surplus line broker may give a deficiency-assessment notice after the usual deadline if it has consented in writing before the deadline expires.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 7. INSURANCE TAXATION [12001 - 13170] ( Part 7 added by Stats. 1941, Ch. 113. ) ## CHAPTER 4. Assessment and Effect of Tax [12301 - 12495] ( Heading of Chapter 4 amended by Stats. 1961, Ch. 740. ) ## ARTICLE 3. Deficiency Assessments [12421 - 12435] ( Article 3 repealed (comm. with Section 12462) and added by Stats. 1961, Ch. 740. ) ## 12433. (a) If before the expiration of the time prescribed in Section 12432 for giving of a notice of deficiency assessment the insurer or surplus line broker has consented in writing to the giving of the notice after that time, the notice may be given at any time prior to the expiration of the time agreed upon. The period so agreed upon may be extended by subsequent agreements in writing made before the expiration of the period previously agreed upon. (b) This section shall become operative on July 1, 2013. (Repealed (in Sec. 75) and added by Stats. 2013, Ch. 33, Sec. 76. (SB 78) Effective June 27, 2013. Section operative July 1, 2013, by its own provisions.)
  174. 12434.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 7. INSURANCE TAXATION [12001 - 13170] ( Part 7 added by Stats. 1941, Ch. 113. ) ## CHAPTER 4. Assessment and Effect of Tax [12301 - 12495] ( Heading of Chapter 4 amended by Stats. 1961, Ch. 740. ) ## ARTICLE 3. Deficiency Assessments [12421 - 12435] ( Article 3 repealed (comm. with Section 12462) and added by Stats. 1961, Ch. 740. )

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    This section sets how required notices under the article must be served, including mailing in a sealed, postage-paid envelope or personal delivery, and says service is complete when the notice is deposited for mailing or delivered personally.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 7. INSURANCE TAXATION [12001 - 13170] ( Part 7 added by Stats. 1941, Ch. 113. ) ## CHAPTER 4. Assessment and Effect of Tax [12301 - 12495] ( Heading of Chapter 4 amended by Stats. 1961, Ch. 740. ) ## ARTICLE 3. Deficiency Assessments [12421 - 12435] ( Article 3 repealed (comm. with Section 12462) and added by Stats. 1961, Ch. 740. ) ## 12434. (a) Any notice required by this article shall be placed in a sealed envelope, with postage paid, addressed to the insurer or surplus line broker at its address as it appears in the records of the commissioner or the board. The giving of notice shall be deemed complete at the time of deposit of the notice in the United States Post Office, or a mailbox, subpost office, substation or mail chute or other facility regularly maintained or provided by the United States Postal Service, without extension of time for any reason. In lieu of mailing, a notice may be served personally by delivering to the person to be served and service shall be deemed complete at the time of the delivery. Personal service to a corporation may be made by delivery of a notice to any person designated in the Code of Civil Procedure to be served for the corporation with summons and complaint in a civil action. (b) This section shall become operative on July 1, 2013. (Repealed (in Sec. 78) and added by Stats. 2013, Ch. 33, Sec. 79. (SB 78) Effective June 27, 2013. Section operative July 1, 2013, by its own provisions.)
  175. 12435.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 7. INSURANCE TAXATION [12001 - 13170] ( Part 7 added by Stats. 1941, Ch. 113. ) ## CHAPTER 4. Assessment and Effect of Tax [12301 - 12495] ( Heading of Chapter 4 amended by Stats. 1961, Ch. 740. ) ## ARTICLE 3. Deficiency Assessments [12421 - 12435] ( Article 3 repealed (comm. with Section 12462) and added by Stats. 1961, Ch. 740. )

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    The board must send each deficiency-assessment notice to the commissioner and the Controller, and the Controller must keep a record of those assessments and related payments.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 7. INSURANCE TAXATION [12001 - 13170] ( Part 7 added by Stats. 1941, Ch. 113. ) ## CHAPTER 4. Assessment and Effect of Tax [12301 - 12495] ( Heading of Chapter 4 amended by Stats. 1961, Ch. 740. ) ## ARTICLE 3. Deficiency Assessments [12421 - 12435] ( Article 3 repealed (comm. with Section 12462) and added by Stats. 1961, Ch. 740. ) ## 12435. A copy of each notice of a deficiency assessment made by the board shall be transmitted to the commissioner and the Controller. The Controller shall keep an appropriate record of all such assessments and any payments thereon. (Repealed and added by Stats. 1961, Ch. 740.)
  176. 12491.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 7. INSURANCE TAXATION [12001 - 13170] ( Part 7 added by Stats. 1941, Ch. 113. ) ## CHAPTER 4. Assessment and Effect of Tax [12301 - 12495] ( Heading of Chapter 4 amended by Stats. 1961, Ch. 740. ) ## ARTICLE 4. Effect of Tax [12491 - 12495] ( Article 4 added by Stats. 1941, Ch. 113. )

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    Taxes imposed on insurers and surplus line brokers become liens on their property and franchises and are treated like judgments against them.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 7. INSURANCE TAXATION [12001 - 13170] ( Part 7 added by Stats. 1941, Ch. 113. ) ## CHAPTER 4. Assessment and Effect of Tax [12301 - 12495] ( Heading of Chapter 4 amended by Stats. 1961, Ch. 740. ) ## ARTICLE 4. Effect of Tax [12491 - 12495] ( Article 4 added by Stats. 1941, Ch. 113. ) ## 12491. (a) Every tax levied upon an insurer under the provisions of Article XIII of the California Constitution and of this part is a lien upon all property and franchises of every kind and nature belonging to the insurer, and has the effect of a judgment against the insurer. (b) (1) Every tax levied upon a surplus line broker under Part 7.5 (commencing with Section 13201) is a lien upon all property and franchises of every kind and nature belonging to the surplus line broker, and has the effect of a judgment against the surplus line broker. (2) A lien levied pursuant to this subdivision shall not exceed the amount of unpaid tax collected by the surplus line broker. (Amended by Stats. 2017, Ch. 561, Sec. 230. (AB 1516) Effective January 1, 2018.)
  177. 12492.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 7. INSURANCE TAXATION [12001 - 13170] ( Part 7 added by Stats. 1941, Ch. 113. ) ## CHAPTER 4. Assessment and Effect of Tax [12301 - 12495] ( Heading of Chapter 4 amended by Stats. 1961, Ch. 740. ) ## ARTICLE 4. Effect of Tax [12491 - 12495] ( Article 4 added by Stats. 1941, Ch. 113. )

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    A lien attaches at 12:01 a.m. on March 1 of the calendar year in which the tax is levied.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 7. INSURANCE TAXATION [12001 - 13170] ( Part 7 added by Stats. 1941, Ch. 113. ) ## CHAPTER 4. Assessment and Effect of Tax [12301 - 12495] ( Heading of Chapter 4 amended by Stats. 1961, Ch. 740. ) ## ARTICLE 4. Effect of Tax [12491 - 12495] ( Article 4 added by Stats. 1941, Ch. 113. ) ## 12492. Every lien attaches as of 12:01 a.m. on the first day of March of the calendar year in which the tax is levied. (Amended by Stats. 1967, Ch. 818.)
  178. 12493.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 7. INSURANCE TAXATION [12001 - 13170] ( Part 7 added by Stats. 1941, Ch. 113. ) ## CHAPTER 4. Assessment and Effect of Tax [12301 - 12495] ( Heading of Chapter 4 amended by Stats. 1961, Ch. 740. ) ## ARTICLE 4. Effect of Tax [12491 - 12495] ( Article 4 added by Stats. 1941, Ch. 113. )

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    A lien under this section has the same effect as an execution levied against all property of a delinquent insurer or surplus line broker.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 7. INSURANCE TAXATION [12001 - 13170] ( Part 7 added by Stats. 1941, Ch. 113. ) ## CHAPTER 4. Assessment and Effect of Tax [12301 - 12495] ( Heading of Chapter 4 amended by Stats. 1961, Ch. 740. ) ## ARTICLE 4. Effect of Tax [12491 - 12495] ( Article 4 added by Stats. 1941, Ch. 113. ) ## 12493. (a) Every lien has the effect of an execution duly levied against all property of a delinquent insurer or surplus line broker. (b) This section shall become operative on July 1, 2013. (Repealed (in Sec. 84) and added by Stats. 2013, Ch. 33, Sec. 85. (SB 78) Effective June 27, 2013. Section operative July 1, 2013, by its own provisions.)
  179. 12494.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 7. INSURANCE TAXATION [12001 - 13170] ( Part 7 added by Stats. 1941, Ch. 113. ) ## CHAPTER 4. Assessment and Effect of Tax [12301 - 12495] ( Heading of Chapter 4 amended by Stats. 1961, Ch. 740. ) ## ARTICLE 4. Effect of Tax [12491 - 12495] ( Article 4 added by Stats. 1941, Ch. 113. )

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    A judgment cannot be satisfied, and a lien cannot be removed, until the listed taxes, interest, penalties, and costs are paid or the insurer’s or surplus line broker’s property is sold for payment.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 7. INSURANCE TAXATION [12001 - 13170] ( Part 7 added by Stats. 1941, Ch. 113. ) ## CHAPTER 4. Assessment and Effect of Tax [12301 - 12495] ( Heading of Chapter 4 amended by Stats. 1961, Ch. 740. ) ## ARTICLE 4. Effect of Tax [12491 - 12495] ( Article 4 added by Stats. 1941, Ch. 113. ) ## 12494. (a) No judgment is satisfied nor lien removed until either: (1) The taxes, interest, penalties, and costs are paid. (2) The insurer’s or surplus line broker’s property is sold for the payment thereof. (b) This section shall become operative on July 1, 2013. (Repealed (in Sec. 87) and added by Stats. 2013, Ch. 33, Sec. 88. (SB 78) Effective June 27, 2013. Section operative July 1, 2013, by its own provisions.)
  180. 12495.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 7. INSURANCE TAXATION [12001 - 13170] ( Part 7 added by Stats. 1941, Ch. 113. ) ## CHAPTER 4. Assessment and Effect of Tax [12301 - 12495] ( Heading of Chapter 4 amended by Stats. 1961, Ch. 740. ) ## ARTICLE 4. Effect of Tax [12491 - 12495] ( Article 4 added by Stats. 1941, Ch. 113. )

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    Courts, county clerks, and the Secretary of State may not file or enter certain bankruptcy or dissolution documents until all taxes, interest, penalties, and costs are paid and discharged.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 7. INSURANCE TAXATION [12001 - 13170] ( Part 7 added by Stats. 1941, Ch. 113. ) ## CHAPTER 4. Assessment and Effect of Tax [12301 - 12495] ( Heading of Chapter 4 amended by Stats. 1961, Ch. 740. ) ## ARTICLE 4. Effect of Tax [12491 - 12495] ( Article 4 added by Stats. 1941, Ch. 113. ) ## 12495. No court shall make and enter a final discharge in bankruptcy or decree of dissolution, nor shall any county clerk or the Secretary of State file a discharge, decree, or any other document by which the term of existence of a corporation or surplus line broker’s business is reduced, or a surplus line broker’s assets are transferred to a new owner until all taxes, interest, penalties, and costs are paid and discharged. (Amended by Stats. 2005, Ch. 231, Sec. 5. Effective January 1, 2006.)
  181. 125.

    ## Revenue and Taxation Code - RTC ## DIVISION 1. PROPERTY TAXATION [50 - 5911] ( Division 1 enacted by Stats. 1939, Ch. 154. ) ## PART 1. GENERAL PROVISIONS [101 - 198.1] ( Part 1 enacted by Stats. 1939, Ch. 154. ) ## CHAPTER 1. Construction [101 - 136] ( Chapter 1 enacted by Stats. 1939, Ch. 154. )

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    “Current roll” means the roll containing the property on which current taxes are a lien.

    ## Revenue and Taxation Code - RTC ## DIVISION 1. PROPERTY TAXATION [50 - 5911] ( Division 1 enacted by Stats. 1939, Ch. 154. ) ## PART 1. GENERAL PROVISIONS [101 - 198.1] ( Part 1 enacted by Stats. 1939, Ch. 154. ) ## CHAPTER 1. Construction [101 - 136] ( Chapter 1 enacted by Stats. 1939, Ch. 154. ) ## 125. “Current roll” means the roll containing the property on which current taxes are a lien. (Enacted by Stats. 1939, Ch. 154.)
  182. 1251.

    ## Revenue and Taxation Code - RTC ## DIVISION 1. PROPERTY TAXATION [50 - 5911] ( Division 1 enacted by Stats. 1939, Ch. 154. ) ## PART 2. ASSESSMENT [201 - 1367] ( Part 2 enacted by Stats. 1939, Ch. 154. ) ## CHAPTER 6. Assessor’s Office Equipment [1251 - 1256] ( Chapter 6 enacted by Stats. 1939, Ch. 154. )

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    The board of supervisors must provide the assessor with necessary office equipment.

    ## Revenue and Taxation Code - RTC ## DIVISION 1. PROPERTY TAXATION [50 - 5911] ( Division 1 enacted by Stats. 1939, Ch. 154. ) ## PART 2. ASSESSMENT [201 - 1367] ( Part 2 enacted by Stats. 1939, Ch. 154. ) ## CHAPTER 6. Assessor’s Office Equipment [1251 - 1256] ( Chapter 6 enacted by Stats. 1939, Ch. 154. ) ## 1251. The board of supervisors shall furnish the assessor with the necessary office equipment, consisting of proper books, blanks, maps, office room, furniture, and stationery. (Enacted by Stats. 1939, Ch. 154.)
  183. 1252.

    ## Revenue and Taxation Code - RTC ## DIVISION 1. PROPERTY TAXATION [50 - 5911] ( Division 1 enacted by Stats. 1939, Ch. 154. ) ## PART 2. ASSESSMENT [201 - 1367] ( Part 2 enacted by Stats. 1939, Ch. 154. ) ## CHAPTER 6. Assessor’s Office Equipment [1251 - 1256] ( Chapter 6 enacted by Stats. 1939, Ch. 154. )

    Verify source ↗

    If the board of supervisors does not provide the assessor with necessary office equipment, the State Board of Equalization must provide it when the assessor applies.

    ## Revenue and Taxation Code - RTC ## DIVISION 1. PROPERTY TAXATION [50 - 5911] ( Division 1 enacted by Stats. 1939, Ch. 154. ) ## PART 2. ASSESSMENT [201 - 1367] ( Part 2 enacted by Stats. 1939, Ch. 154. ) ## CHAPTER 6. Assessor’s Office Equipment [1251 - 1256] ( Chapter 6 enacted by Stats. 1939, Ch. 154. ) ## 1252. If the board of supervisors fails to furnish the assessor with the necessary office equipment, then, on the assessor’s application, the State Board of Equalization shall furnish it. (Enacted by Stats. 1939, Ch. 154.)
  184. 1253.

    ## Revenue and Taxation Code - RTC ## DIVISION 1. PROPERTY TAXATION [50 - 5911] ( Division 1 enacted by Stats. 1939, Ch. 154. ) ## PART 2. ASSESSMENT [201 - 1367] ( Part 2 enacted by Stats. 1939, Ch. 154. ) ## CHAPTER 6. Assessor’s Office Equipment [1251 - 1256] ( Chapter 6 enacted by Stats. 1939, Ch. 154. )

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    The county must bear the cost of furnishing the assessor’s necessary office equipment from the county general fund.

    ## Revenue and Taxation Code - RTC ## DIVISION 1. PROPERTY TAXATION [50 - 5911] ( Division 1 enacted by Stats. 1939, Ch. 154. ) ## PART 2. ASSESSMENT [201 - 1367] ( Part 2 enacted by Stats. 1939, Ch. 154. ) ## CHAPTER 6. Assessor’s Office Equipment [1251 - 1256] ( Chapter 6 enacted by Stats. 1939, Ch. 154. ) ## 1253. In any event, the cost of furnishing the assessor’s necessary office equipment is a county charge, payable like other county charges from the county general fund. (Enacted by Stats. 1939, Ch. 154.)
  185. 1254.

    ## Revenue and Taxation Code - RTC ## DIVISION 1. PROPERTY TAXATION [50 - 5911] ( Division 1 enacted by Stats. 1939, Ch. 154. ) ## PART 2. ASSESSMENT [201 - 1367] ( Part 2 enacted by Stats. 1939, Ch. 154. ) ## CHAPTER 6. Assessor’s Office Equipment [1251 - 1256] ( Chapter 6 enacted by Stats. 1939, Ch. 154. )

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    The State Board of Equalization must prescribe the forms for certain assessment records and may require map books to be indexed by owners’ names and to show improvements and assessed value.

    ## Revenue and Taxation Code - RTC ## DIVISION 1. PROPERTY TAXATION [50 - 5911] ( Division 1 enacted by Stats. 1939, Ch. 154. ) ## PART 2. ASSESSMENT [201 - 1367] ( Part 2 enacted by Stats. 1939, Ch. 154. ) ## CHAPTER 6. Assessor’s Office Equipment [1251 - 1256] ( Chapter 6 enacted by Stats. 1939, Ch. 154. ) ## 1254. The State Board of Equalization shall prescribe the forms for the books, blanks, and maps, and may require the map books to: (a) Be indexed by owners’ names. (b) Show improvements and assessed value. (Enacted by Stats. 1939, Ch. 154.)
  186. 1255.

    ## Revenue and Taxation Code - RTC ## DIVISION 1. PROPERTY TAXATION [50 - 5911] ( Division 1 enacted by Stats. 1939, Ch. 154. ) ## PART 2. ASSESSMENT [201 - 1367] ( Part 2 enacted by Stats. 1939, Ch. 154. ) ## CHAPTER 6. Assessor’s Office Equipment [1251 - 1256] ( Chapter 6 enacted by Stats. 1939, Ch. 154. )

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    Maps must show the private lands owned or claimed in the county so they provide a legal description of the lands.

    ## Revenue and Taxation Code - RTC ## DIVISION 1. PROPERTY TAXATION [50 - 5911] ( Division 1 enacted by Stats. 1939, Ch. 154. ) ## PART 2. ASSESSMENT [201 - 1367] ( Part 2 enacted by Stats. 1939, Ch. 154. ) ## CHAPTER 6. Assessor’s Office Equipment [1251 - 1256] ( Chapter 6 enacted by Stats. 1939, Ch. 154. ) ## 1255. The maps shall show the private lands owned or claimed in the county so as to provide a legal description of the lands. (Enacted by Stats. 1939, Ch. 154.)
  187. 1256.

    ## Revenue and Taxation Code - RTC ## DIVISION 1. PROPERTY TAXATION [50 - 5911] ( Division 1 enacted by Stats. 1939, Ch. 154. ) ## PART 2. ASSESSMENT [201 - 1367] ( Part 2 enacted by Stats. 1939, Ch. 154. ) ## CHAPTER 6. Assessor’s Office Equipment [1251 - 1256] ( Chapter 6 enacted by Stats. 1939, Ch. 154. )

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    If the assessor asks, the board of supervisors must authorize the assessor to prepare or supervise maps and block-books needed to meet state board requirements, and the county general fund must cover the costs.

    ## Revenue and Taxation Code - RTC ## DIVISION 1. PROPERTY TAXATION [50 - 5911] ( Division 1 enacted by Stats. 1939, Ch. 154. ) ## PART 2. ASSESSMENT [201 - 1367] ( Part 2 enacted by Stats. 1939, Ch. 154. ) ## CHAPTER 6. Assessor’s Office Equipment [1251 - 1256] ( Chapter 6 enacted by Stats. 1939, Ch. 154. ) ## 1256. At the request of the assessor, the board of supervisors shall authorize and direct the assessor to prepare, or to supervise the preparation of, maps and block-books as may be needed for the assessor’s office to meet the requirements of the state board with respect thereto. All costs incurred in connection therewith shall be a charge against the county general fund, payable in the same manner as other county charges. This procedure shall be in addition to any other procedure relating to matters as may otherwise be provided by law. (Amended by Stats. 1993, Ch. 1187, Sec. 19.5. Effective January 1, 1994.)
  188. 126.

    ## Revenue and Taxation Code - RTC ## DIVISION 1. PROPERTY TAXATION [50 - 5911] ( Division 1 enacted by Stats. 1939, Ch. 154. ) ## PART 1. GENERAL PROVISIONS [101 - 198.1] ( Part 1 enacted by Stats. 1939, Ch. 154. ) ## CHAPTER 1. Construction [101 - 136] ( Chapter 1 enacted by Stats. 1939, Ch. 154. )

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    This section defines “tax-defaulted property” and explains how certain references to property tax sold, tax deeded to the state, sale to the state, and deeding to the state should be read.

    ## Revenue and Taxation Code - RTC ## DIVISION 1. PROPERTY TAXATION [50 - 5911] ( Division 1 enacted by Stats. 1939, Ch. 154. ) ## PART 1. GENERAL PROVISIONS [101 - 198.1] ( Part 1 enacted by Stats. 1939, Ch. 154. ) ## CHAPTER 1. Construction [101 - 136] ( Chapter 1 enacted by Stats. 1939, Ch. 154. ) ## 126. “Tax-defaulted property” is real property which is subject to a lien for taxes which, by operation of law and by declaration of the tax collector, are in default and from which the lien of the taxes for which it was declared tax-defaulted has not been removed. Where used in this division or in any other provision of law, (a) Any reference to property tax sold or tax deeded to the state shall refer to tax-defaulted property. (b) Any reference to the sale to the state shall refer to the declaration of default. (c) Any reference to the deeding to the state shall refer to property which is subject to a power of sale for nonpayment of taxes. (Amended by Stats. 1984, Ch. 988, Sec. 1.5. Effective September 11, 1984.)
  189. 12601.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 7. INSURANCE TAXATION [12001 - 13170] ( Part 7 added by Stats. 1941, Ch. 113. ) ## CHAPTER 5. Payment and Collection [12601 - 12691] ( Chapter 5 added by Stats. 1941, Ch. 113. ) ## ARTICLE 1. Generally [12601 - 12602] ( Article 1 added by Stats. 1941, Ch. 113. )

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    If an insurer does not remit taxes, interest, or penalties with its original return, those amounts are payable to the Controller.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 7. INSURANCE TAXATION [12001 - 13170] ( Part 7 added by Stats. 1941, Ch. 113. ) ## CHAPTER 5. Payment and Collection [12601 - 12691] ( Chapter 5 added by Stats. 1941, Ch. 113. ) ## ARTICLE 1. Generally [12601 - 12602] ( Article 1 added by Stats. 1941, Ch. 113. ) ## 12601. (a) Amounts of taxes, interest, and penalties not remitted to the commissioner with the original return of the insurer shall be payable to the Controller. (b) This section shall become operative on July 1, 2013. (Repealed (in Sec. 90) and added by Stats. 2013, Ch. 33, Sec. 91. (SB 78) Effective June 27, 2013. Section operative July 1, 2013, by its own provisions.)
  190. 12602.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 7. INSURANCE TAXATION [12001 - 13170] ( Part 7 added by Stats. 1941, Ch. 113. ) ## CHAPTER 5. Payment and Collection [12601 - 12691] ( Chapter 5 added by Stats. 1941, Ch. 113. ) ## ARTICLE 1. Generally [12601 - 12602] ( Article 1 added by Stats. 1941, Ch. 113. )

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    Some insurers must pay their taxes by electronic funds transfer, and noncompliance can trigger a 10% penalty.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 7. INSURANCE TAXATION [12001 - 13170] ( Part 7 added by Stats. 1941, Ch. 113. ) ## CHAPTER 5. Payment and Collection [12601 - 12691] ( Chapter 5 added by Stats. 1941, Ch. 113. ) ## ARTICLE 1. Generally [12601 - 12602] ( Article 1 added by Stats. 1941, Ch. 113. ) ## 12602. (a) On and after January 1, 1994, and before January 1, 1995, each insurer whose annual taxes exceed fifty thousand dollars ($50,000) shall make payment by electronic funds transfer, as defined by Section 45 of the Insurance Code. On and after January 1, 1995, each insurer whose annual taxes exceed twenty thousand dollars ($20,000) shall make payment by electronic funds transfer. The insurer shall choose one of the acceptable methods described in Section 45 of the Insurance Code for completing the electronic funds transfer. (b) Payment shall be deemed complete on the date the electronic funds transfer is initiated, if settlement to the state’s demand account occurs on or before the banking day following the date the transfer is initiated. If settlement to the state’s demand account does not occur on or before the banking day following the date the transfer is initiated, payment shall be deemed to occur on the date settlement occurs. (c) (1) Any insurer required to remit taxes by electronic funds transfer pursuant to this section that remits those taxes by means other than an appropriate electronic funds transfer, shall be assessed a penalty in an amount equal to 10 percent of the taxes due at the time of the payment. (2) If the Department of Insurance finds that an insurer’s failure to make payment by an appropriate electronic funds transfer in accordance with subdivision (a) is due to reasonable cause or circumstances beyond the insurer’s control, and occurred notwithstanding the exercise of ordinary care and in the absence of willful neglect, that insurer shall be relieved of the penalty provided in paragraph (1). (3) Any insurer seeking to be relieved of the penalty provided in paragraph (1) shall file with the Department of Insurance a statement under penalty of perjury setting forth the facts upon which the claim for relief is based. (d) This section shall become operative on July 1, 2013. (Repealed (in Sec. 93) and added by Stats. 2013, Ch. 33, Sec. 94. (SB 78) Effective June 27, 2013. Section operative July 1, 2013, by its own provisions.)
  191. 12631.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 7. INSURANCE TAXATION [12001 - 13170] ( Part 7 added by Stats. 1941, Ch. 113. ) ## CHAPTER 5. Payment and Collection [12601 - 12691] ( Chapter 5 added by Stats. 1941, Ch. 113. ) ## ARTICLE 2. Interest and Penalties [12631 - 12637] ( Article 2 added by Stats. 1961, Ch. 740. )

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    An insurer that does not pay a tax on time must pay a 10% penalty plus monthly interest, unless the tax is a deficiency assessment covered by the stated exception.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 7. INSURANCE TAXATION [12001 - 13170] ( Part 7 added by Stats. 1941, Ch. 113. ) ## CHAPTER 5. Payment and Collection [12601 - 12691] ( Chapter 5 added by Stats. 1941, Ch. 113. ) ## ARTICLE 2. Interest and Penalties [12631 - 12637] ( Article 2 added by Stats. 1961, Ch. 740. ) ## 12631. (a) Any insurer that fails to pay any tax, except a tax determined as a deficiency assessment by the board under Article 3 (commencing with Section 12421) of Chapter 4, within the time required, shall pay a penalty of 10 percent of the amount of the tax in addition to the tax, plus interest at the modified adjusted rate per month, or fraction thereof, established pursuant to Section 6591.5, from the due date of the tax until the date of payment. (b) This section shall become operative on July 1, 2013. (Repealed (in Sec. 96) and added by Stats. 2013, Ch. 33, Sec. 97. (SB 78) Effective June 27, 2013. Section operative July 1, 2013, by its own provisions.)
  192. 12631.5.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 7. INSURANCE TAXATION [12001 - 13170] ( Part 7 added by Stats. 1941, Ch. 113. ) ## CHAPTER 5. Payment and Collection [12601 - 12691] ( Chapter 5 added by Stats. 1941, Ch. 113. ) ## ARTICLE 2. Interest and Penalties [12631 - 12637] ( Article 2 added by Stats. 1961, Ch. 740. )

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    If the department finds it would be inequitable to use the modified adjusted monthly rate, it must calculate interest at the modified adjusted daily rate for certain electronic tax or prepayment payments made one business day late, if the taxpayer gets penalty relief and requests an adjustment.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 7. INSURANCE TAXATION [12001 - 13170] ( Part 7 added by Stats. 1941, Ch. 113. ) ## CHAPTER 5. Payment and Collection [12601 - 12691] ( Chapter 5 added by Stats. 1941, Ch. 113. ) ## ARTICLE 2. Interest and Penalties [12631 - 12637] ( Article 2 added by Stats. 1961, Ch. 740. ) ## 12631.5. (a) If the department finds, taking into account all facts and circumstances, that it is inequitable to compute interest at the modified adjusted rate per month or fraction thereof, as defined in subdivision (b) of Section 6591.5, interest shall be computed at the modified adjusted daily rate from the date on which the tax or prepayment was due until the date of payment, if all of the following occur: (1) The payment of tax or prepayment was made one business day after the date the tax or prepayment was due. (2) The person was granted relief from all penalties that applied to that payment of tax or prepayment. (3) The person files a request for an adjustment. (b) For purposes of this section, “modified adjusted daily rate” means the modified adjusted rate per annum as defined in subdivision (a) of Section 6591.5 determined on a daily basis by dividing the modified adjusted rate per annum by 365. (c) For purposes of this section, “business day” means any day other than a Saturday, Sunday, or any day designated as a state holiday. (d) This section shall not apply to any payment made pursuant to a deficiency determination, or a determination where no return has been filed. (e) This section shall only apply to electronic payments or prepayments of taxes. (Amended by Stats. 2021, Ch. 432, Sec. 19. (SB 824) Effective January 1, 2022.)
  193. 12632.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 7. INSURANCE TAXATION [12001 - 13170] ( Part 7 added by Stats. 1941, Ch. 113. ) ## CHAPTER 5. Payment and Collection [12601 - 12691] ( Chapter 5 added by Stats. 1941, Ch. 113. ) ## ARTICLE 2. Interest and Penalties [12631 - 12637] ( Article 2 added by Stats. 1961, Ch. 740. )

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    If an insurer does not pay a deficiency assessment when due, it must pay a 10% penalty, and the unpaid amount also accrues interest.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 7. INSURANCE TAXATION [12001 - 13170] ( Part 7 added by Stats. 1941, Ch. 113. ) ## CHAPTER 5. Payment and Collection [12601 - 12691] ( Chapter 5 added by Stats. 1941, Ch. 113. ) ## ARTICLE 2. Interest and Penalties [12631 - 12637] ( Article 2 added by Stats. 1961, Ch. 740. ) ## 12632. (a) An insurer that fails to pay any deficiency assessment when it becomes due and payable shall, in addition to the deficiency assessment, pay a penalty of 10 percent of the amount of the deficiency assessment, exclusive of interest and penalties. The amount of any deficiency assessment, exclusive of penalties, shall bear interest at the modified adjusted rate per month, or fraction thereof, established pursuant to Section 6591.5, from the date on which the amount, or any portion thereof, would have been payable if properly reported and assessed until the date of payment. (b) This section shall become operative on July 1, 2013. (Repealed (in Sec. 99) and added by Stats. 2013, Ch. 33, Sec. 100. (SB 78) Effective June 27, 2013. Section operative July 1, 2013, by its own provisions.)
  194. 12633.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 7. INSURANCE TAXATION [12001 - 13170] ( Part 7 added by Stats. 1941, Ch. 113. ) ## CHAPTER 5. Payment and Collection [12601 - 12691] ( Chapter 5 added by Stats. 1941, Ch. 113. ) ## ARTICLE 2. Interest and Penalties [12631 - 12637] ( Article 2 added by Stats. 1961, Ch. 740. )

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    If a deficiency assessment is made on the basis of a proposal from the commissioner under Section 12423, a 10% penalty must be added.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 7. INSURANCE TAXATION [12001 - 13170] ( Part 7 added by Stats. 1941, Ch. 113. ) ## CHAPTER 5. Payment and Collection [12601 - 12691] ( Chapter 5 added by Stats. 1941, Ch. 113. ) ## ARTICLE 2. Interest and Penalties [12631 - 12637] ( Article 2 added by Stats. 1961, Ch. 740. ) ## 12633. When a deficiency assessment is made on the basis of a proposal submitted by the commissioner pursuant to Section 12423 a penalty of 10 percent of the amount of the deficiency assessment shall be added thereto. (Added by Stats. 1961, Ch. 740.)
  195. 12634.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 7. INSURANCE TAXATION [12001 - 13170] ( Part 7 added by Stats. 1941, Ch. 113. ) ## CHAPTER 5. Payment and Collection [12601 - 12691] ( Chapter 5 added by Stats. 1941, Ch. 113. ) ## ARTICLE 2. Interest and Penalties [12631 - 12637] ( Article 2 added by Stats. 1961, Ch. 740. )

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    If a deficiency assessment is based on the commissioner’s proposal and part of the deficiency comes from negligence or intentional disregard, but not fraud, a 10% penalty must be added.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 7. INSURANCE TAXATION [12001 - 13170] ( Part 7 added by Stats. 1941, Ch. 113. ) ## CHAPTER 5. Payment and Collection [12601 - 12691] ( Chapter 5 added by Stats. 1941, Ch. 113. ) ## ARTICLE 2. Interest and Penalties [12631 - 12637] ( Article 2 added by Stats. 1961, Ch. 740. ) ## 12634. When a deficiency assessment is made on the basis of a proposal submitted by the commissioner pursuant to Section 12422 and any part of the deficiency is due to negligence or intentional disregard of this part or rules and regulation adopted to implement this part but without intent to defraud, a penalty of 10 percent of the amount of the deficiency assessment shall be added thereto. (Added by Stats. 1961, Ch. 740.)
  196. 12635.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 7. INSURANCE TAXATION [12001 - 13170] ( Part 7 added by Stats. 1941, Ch. 113. ) ## CHAPTER 5. Payment and Collection [12601 - 12691] ( Chapter 5 added by Stats. 1941, Ch. 113. ) ## ARTICLE 2. Interest and Penalties [12631 - 12637] ( Article 2 added by Stats. 1961, Ch. 740. )

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    If part of a deficiency assessment is due to fraud, an extra 25% penalty must be added.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 7. INSURANCE TAXATION [12001 - 13170] ( Part 7 added by Stats. 1941, Ch. 113. ) ## CHAPTER 5. Payment and Collection [12601 - 12691] ( Chapter 5 added by Stats. 1941, Ch. 113. ) ## ARTICLE 2. Interest and Penalties [12631 - 12637] ( Article 2 added by Stats. 1961, Ch. 740. ) ## 12635. If any part of a deficiency for which a deficiency assessment is made is due to fraud, a penalty of 25 percent of the amount of the deficiency assessment in addition to any other penalties shall be added thereto. (Added by Stats. 1961, Ch. 740.)
  197. 12636.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 7. INSURANCE TAXATION [12001 - 13170] ( Part 7 added by Stats. 1941, Ch. 113. ) ## CHAPTER 5. Payment and Collection [12601 - 12691] ( Chapter 5 added by Stats. 1941, Ch. 113. ) ## ARTICLE 2. Interest and Penalties [12631 - 12637] ( Article 2 added by Stats. 1961, Ch. 740. )

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    An insurer may be relieved of certain penalties if the board finds the late return or payment was due to reasonable cause, beyond the insurer’s control, despite ordinary care, and without willful neglect.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 7. INSURANCE TAXATION [12001 - 13170] ( Part 7 added by Stats. 1941, Ch. 113. ) ## CHAPTER 5. Payment and Collection [12601 - 12691] ( Chapter 5 added by Stats. 1941, Ch. 113. ) ## ARTICLE 2. Interest and Penalties [12631 - 12637] ( Article 2 added by Stats. 1961, Ch. 740. ) ## 12636. (a) If the board finds that an insurer’s failure to make a timely return or payment is due to reasonable cause and to circumstances beyond the insurer’s control, and which occurred despite the exercise of ordinary care and in the absence of willful neglect, the insurer may be relieved of the penalty provided by Section 12258, 12287, 12631, 12632, or 12633. (b) Any insurer seeking to be relieved of the penalty shall file with the board a statement under penalty of perjury setting forth the facts upon which the claim for relief is based. (Amended by Stats. 2017, Ch. 561, Sec. 231. (AB 1516) Effective January 1, 2018.)
  198. 12636.5.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 7. INSURANCE TAXATION [12001 - 13170] ( Part 7 added by Stats. 1941, Ch. 113. ) ## CHAPTER 5. Payment and Collection [12601 - 12691] ( Chapter 5 added by Stats. 1941, Ch. 113. ) ## ARTICLE 2. Interest and Penalties [12631 - 12637] ( Article 2 added by Stats. 1961, Ch. 740. )

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    Payments on a delinquent annual tax must be applied first to interest, then to penalties, and only after that to the tax itself.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 7. INSURANCE TAXATION [12001 - 13170] ( Part 7 added by Stats. 1941, Ch. 113. ) ## CHAPTER 5. Payment and Collection [12601 - 12691] ( Chapter 5 added by Stats. 1941, Ch. 113. ) ## ARTICLE 2. Interest and Penalties [12631 - 12637] ( Article 2 added by Stats. 1961, Ch. 740. ) ## 12636.5. (a) Every payment on an insurer’s or surplus line broker’s delinquent annual tax shall be applied as follows: (1) First, to any interest due on the tax. (2) Second, to any penalty imposed by this part. (3) The balance, if any, to the tax itself. (b) This section shall become operative on July 1, 2013. (Repealed (in Sec. 105) and added by Stats. 2013, Ch. 33, Sec. 106. (SB 78) Effective June 27, 2013. Section operative July 1, 2013, by its own provisions.)
  199. 12637.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 7. INSURANCE TAXATION [12001 - 13170] ( Part 7 added by Stats. 1941, Ch. 113. ) ## CHAPTER 5. Payment and Collection [12601 - 12691] ( Chapter 5 added by Stats. 1941, Ch. 113. ) ## ARTICLE 2. Interest and Penalties [12631 - 12637] ( Article 2 added by Stats. 1961, Ch. 740. )

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    A person may be relieved of certain interest if the board finds the late return or payment was due to disaster and not caused by willful neglect, and the person must file a sworn statement with the board to seek relief.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 7. INSURANCE TAXATION [12001 - 13170] ( Part 7 added by Stats. 1941, Ch. 113. ) ## CHAPTER 5. Payment and Collection [12601 - 12691] ( Chapter 5 added by Stats. 1941, Ch. 113. ) ## ARTICLE 2. Interest and Penalties [12631 - 12637] ( Article 2 added by Stats. 1961, Ch. 740. ) ## 12637. If the board finds that a person’s failure to make a timely return or payment was due to disaster, and occurred notwithstanding the exercise of ordinary care and the absence of willful neglect, the person may be relieved of interest provided for by Sections 12258, 12287, 12307, 12631, and 12632. Any person seeking to be relieved of interest shall file with the board a statement under penalty of perjury setting forth the facts upon which he or she bases his or her claim for relief. (Added by Stats. 1989, 1st Ex. Sess., Ch. 14, Sec. 6. Effective November 7, 1989.)
  200. 12676.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 7. INSURANCE TAXATION [12001 - 13170] ( Part 7 added by Stats. 1941, Ch. 113. ) ## CHAPTER 5. Payment and Collection [12601 - 12691] ( Chapter 5 added by Stats. 1941, Ch. 113. ) ## ARTICLE 3. Suits for Taxes [12676 - 12682] ( Heading of Article 3 renumbered from Article 2 by Stats. 1961, Ch. 740. )

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    The Controller may sue to collect delinquent taxes, interest, and penalties within the stated time limits.

    ## Revenue and Taxation Code - RTC ## DIVISION 2. OTHER TAXES [6001 - 61050] ( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) ## PART 7. INSURANCE TAXATION [12001 - 13170] ( Part 7 added by Stats. 1941, Ch. 113. ) ## CHAPTER 5. Payment and Collection [12601 - 12691] ( Chapter 5 added by Stats. 1941, Ch. 113. ) ## ARTICLE 3. Suits for Taxes [12676 - 12682] ( Heading of Article 3 renumbered from Article 2 by Stats. 1961, Ch. 740. ) ## 12676. At any time within four years after any amount of tax becomes due and payable, and at any time within two years after any deficiency assessment of tax becomes due and payable, the Controller may bring an action in the name of the State in a court of competent jurisdiction in any county or city and county in this State in which the Attorney General has an office to collect the delinquent taxes, together with interest, and penalties. (Amended by Stats. 1961, Ch. 740.)

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