Section § 5096

Explanation

This law section outlines the circumstances under which property taxes in California are eligible for a refund. Taxes can be refunded if they were paid more than once, collected erroneously or illegally, or assessed incorrectly. Refunds are also possible if taxes were paid due to the assessor’s error in property valuation, if nonexistent improvements were taxed, or if taxes exceeded the property's value according to official valuations by the county assessment appeals board or the assessor.

Any taxes paid before or after delinquency shall be refunded if they were:
(a)CA Revenue & Taxation Code § 5096(a) Paid more than once.
(b)CA Revenue & Taxation Code § 5096(b) Erroneously or illegally collected.
(c)CA Revenue & Taxation Code § 5096(c) Illegally assessed or levied.
(d)CA Revenue & Taxation Code § 5096(d) Paid on an assessment in excess of the ratio of assessed value to the full value of the property as provided in Section 401 by reason of the assessor’s clerical error or excessive or improper assessments attributable to erroneous property information supplied by the assessee.
(e)CA Revenue & Taxation Code § 5096(e) Paid on an assessment of improvements when the improvements did not exist on the lien date.
(f)CA Revenue & Taxation Code § 5096(f) Paid on an assessment in excess of the value of the property as determined pursuant to Section 1614 by the county assessment appeals board.
(g)CA Revenue & Taxation Code § 5096(g) Paid on an assessment in excess of the value of the property as determined by the assessor pursuant to Section 469.

Section § 5096.1

Explanation

This law addresses situations where taxes were mistakenly collected by a local agency from a taxpayer whose property was annexed to another agency but not officially removed from the first one due to an error. If the original agency acknowledges this mistake as 'excusable neglect,' taxes are considered wrongly collected, and a refund is due. The property is treated as if it left the first agency once the change was finalized. However, if certain taxes would still be owed even if the property were detached, this rule doesn't affect them.

Except as hereinafter provided, taxes collected on behalf of a local agency from a taxpayer whose property has been annexed to a second local agency but was not detached from the first local agency due to error or inadvertence shall be deemed to have been erroneously collected for purposes of Section 5096 if the governing board of the first local agency makes a finding by resolution that detachment proceedings were not commenced due to excusable neglect. If the first local agency is a fire protection district the governing body of the annexing agency may make the finding by resolution that detachment proceedings were not commenced following annexation due to excusable neglect. For purposes of determining the amount of the refund the property shall be deemed to have been detached from the first local agency on the date annexation proceedings were completed.
This section shall not apply to taxes which would be collectible under authority of Government Code Section 56492 even though the annexed property had been detached from the special district.

Section § 5096.3

Explanation

This law helps settle disputes involving taxes on aircraft values and the use of space at publicly owned airports by some major airlines. It requires counties to offer future tax credits to specific airlines as a way to resolve past and prevent future legal claims about these issues.

Tax credits will be given to these airlines over several years from 1998 to 2003, and any tax disagreements will be settled as per agreed schedules. In some cases, counties will offer extra tax breaks for aircraft taxes assessed based on purchase or leasing transactions up to 1998.

Credits are only provided if airlines sign agreements with counties, waiving their rights to dispute tax matters until at least 2004. The law also addresses an exception for America West Airlines' ongoing legal proceedings from past bankruptcy issues.

Overall, it establishes a framework for consistent handling of aircraft taxes and space usage at airports to avoid similar disputes in the future.

(a)CA Revenue & Taxation Code § 5096.3(a) To dispose of certain lawsuits and assessment appeals that have been filed, and to preclude the filing of other claims relating to (1) the assessment, equalization, and assessability of certain possessory interests in publicly owned airports and (2) aircraft valuation and equalization by Alaska Airlines, Inc., American Airlines, Inc., Continental Airlines, Inc., Delta Air Lines, Inc., Federal Express Corporation, Northwest Airlines, Inc., Trans World Airlines, Inc., United Airlines, Inc., United Parcel Service, U.S. Airways, Inc., Wings West Airlines, Southwest Airlines, America West Airlines, in their own right or as successors in interest, counties shall provide future tax credits in the following amounts:
Alameda  ........................
$ 4,455,110
Contra Costa  ........................
1,000
El Dorado  ........................
1,000
Fresno  ........................
264,630
Humboldt  ........................
500
Kern  ........................
33,540
Los Angeles  ........................
18,335,720
Monterey  ........................
148,560
Orange  ........................
2,916,995
Riverside  ........................
435,780
Sacramento  ........................
1,070,185
San Bernardino  ........................
1,991,405
San Diego  ........................
4,262,610
San Joaquin  ........................
1,000
San Mateo  ........................
13,544,005
Santa Barbara  ........................
167,880
Santa Clara  ........................
2,369,080
Solano  ........................
1,000
(b)CA Revenue & Taxation Code § 5096.3(b) The credits identified in subdivision (a) will be allowed in equal amounts for the 1998–99 fiscal year to the 2002–03 fiscal year, inclusive, and may be credited by the counties against one or more tax bills of the airline entitled to the credit. The credits identified in subdivision (a) shall be allocated among the airlines in accordance with a schedule to be established and agreed upon by the airlines identified in subdivision (a). The airlines shall, through a designated representative, provide to each county listed in subdivision (a), before the effective date of this measure, the detail of the allocation of the credits among the various airlines. In no instance shall a county be required to provide a credit to any airline in any year that exceeds the total tax due from that airline to that county for that year. The airlines’ designated representative may submit revised instructions not later than June 30 preceding the beginning of the fiscal year in which the credits are to be adjusted, but in no event may the credit for any county in any year be increased beyond the levels set out in subdivisions (a) and (b) for any fiscal year.
(c)CA Revenue & Taxation Code § 5096.3(c) In addition to the credits provided in subdivision (a), each county shall allow a credit against any escape assessment upon certificated aircraft levied on or after April 1, 1998, under subdivision (b) of Section 401.15 for tax years up to and including the 1997–98 fiscal year to the extent the escape assessment is based upon the cost established in sale/leaseback or assignment of purchase rights transaction. The amount of the credit shall be equal to the tax on one-half of the value increase, plus interest and penalties attributable to use of the sale/leaseback or assignment of purchase rights transaction amount to determine value pursuant to subdivision (b) of Section 401.15.
(d)CA Revenue & Taxation Code § 5096.3(d) Upon enrollment of any escape assessment contemplated in subdivision (a) of Section 401.15, the county assessor shall provide the county auditor with the information necessary to calculate the credit required in subdivision (c) of this section.
(e)CA Revenue & Taxation Code § 5096.3(e) No county shall be required to provide the credits specified in subdivisions (a) and (b) unless all airlines named in subdivision (a) who also have assessments in that county have entered into a settlement agreement or executed a waiver with that county. No county shall be required to provide the credits specified in subdivision (c) unless the airline otherwise entitled to that credit has entered into a settlement agreement or executed a waiver with that county. The settlement agreement or waiver shall include a waiver of all statutory and constitutional rights with respect to pending and future challenges to valuation and equalization of certificated aircraft through the 2003–04 fiscal year, provided that the assessments are established in conformance with Section 401.15, and all statutory and constitutional rights to challenge valuation, equalization and assessability of possessory interests in publicly owned airports (other than interests stated in a written agreement for terminal, cargo, hangar, automobile parking lots, storage and maintenance facilities, and other buildings and the land thereunder leased in whole or in part by an airline), provided that the valuations made for the 1998–99 fiscal year and thereafter are established in conformance with Section 107.9. At the discretion of a county, the airlines may be required to file waivers in that county in lieu of entering into a settlement agreement. Upon the execution of a settlement agreement or waiver by the airlines named in subdivision (a) that also have assessments in a county, that county listed in subdivision (a) shall be required to provide the credits set out in this section. Nothing in this section precludes claims concerning allocation of aircraft values.
(f)CA Revenue & Taxation Code § 5096.3(f) With respect to America West Airlines only, the waiver or settlement agreement required by subdivision (e) may exclude the claims that America West Airlines has already raised in the adversary proceedings in the bankruptcy proceeding entitled “In Re America West Airlines, Inc., Case No. 91-07505 PHX-RGM” against the Counties of Orange, San Bernardino, Sacramento, San Mateo, Alameda, and San Diego, provided that the settlement agreements or waivers under subdivision (e) provide that the resolution of any of America West’s adversary claims will have no legal effect for any tax year not at issue in those adversary proceedings. This section and Sections 107.9 and 401.15 do not abrogate, rescind, preclude, or otherwise affect any separate settlement agreement entered into prior to the effective date of this section between a county and an airline concerning the subject matter of this section and Sections 107.9 and 401.15 with respect to those tax years expressly settled by any agreement as so described. However, no settlement agreement as so described may be used to challenge the assessment and valuation provided by these sections for any tax year after the 1997–98 fiscal year or any tax year not expressly settled by that agreement.

Section § 5096.5

Explanation

This law states that if taxes were paid legally at the time but later become exempt due to a retroactive change in the constitution, those taxes can be refunded. To get a refund, the taxpayer must follow the rules in this article, and they have four years to file a claim starting from when the amendment or this section took effect, whichever is later.

Any taxes paid which were not erroneously or illegally collected under the law as it existed at the time of collection, but for which an exemption is provided by a retroactive constitutional amendment, shall be refunded after compliance with the provisions of this article, except that the claim for refund may be filed at any time within four years after the date such amendment became effective, or the date that this section became effective, whichever is later.

Section § 5096.7

Explanation

If a public entity buys property through negotiation after the fiscal year starts and taxes for that year have already been paid, the taxes for the time after the purchase date should be returned to the person who paid them. This applies if that person did not get reimbursed by the public entity buying the property. These refunds apply to taxes on both secured and unsecured property lists.

If taxes have been paid on property acquired by negotiated purchase by any public entity designated in Section 5081 after the commencement of the fiscal year for which the taxes are a lien on the property, the portion of such taxes which are allocable to that part of the fiscal year which begins on the date of apportionment determined pursuant to Section 5082 and made uncollectible if unpaid by virtue of Section 5086, shall be deemed erroneously collected and shall be refunded to the person who has paid the tax, where the person was not otherwise reimbursed for that portion of the taxes by the public entity which acquired the property.
Refunds under this section shall be applicable to taxes paid on either the secured or unsecured rolls.

Section § 5096.8

Explanation

This law deals with refunds and supplemental assessments on property taxes. If the value of a property is reduced after it's sold, the new owner might get charged with a supplemental assessment (extra property tax). The funds owed to the previous owner, because they overpaid taxes due to the property's decreased value, can be used to pay off that extra charge. Anyone seeking a refund because of a property's reduced value must declare if they've sold the property and when they did it. This rule only applies in counties where the local government has approved it by vote.

(a)CA Revenue & Taxation Code § 5096.8(a) In the case where a reduction in a base year value of real property results in a supplemental assessment for the value of the reduction being levied and charged to a subsequent owner of that property, that portion of any refund, due and owing to a former owner of that property, in the amount of the taxes on the reduction in base value after the former owner sold or transferred ownership of the property, shall be applied to satisfy that supplemental assessment.
(b)CA Revenue & Taxation Code § 5096.8(b) Any person claiming a refund due to a reduction in base year value shall certify under penalty of perjury whether he or she has sold or transferred ownership of the property to any other person, and if so, the date of sale or transfer.
(c)CA Revenue & Taxation Code § 5096.8(c) This section shall not apply in any county unless the board of supervisors adopts a resolution by majority vote to make the provisions of this section applicable in the county.

Section § 5097

Explanation

To get a tax refund in California under this law, you need to submit a claim verified by the person who paid the tax or their representative. Generally, you have four years to file from the date of payment or one year from receiving certain notifications, depending on your situation.

If you've filed for an assessment reduction and don't mention it's also for a refund, you have one year from certain events to file a refund claim. However, if you were advised to file for a refund, you have six months from the board's decision. For claims related to a disabled veteran's exemption filed after January 1, 2015, you have eight years to file.

An application for assessment reduction can count as a refund claim if specified. Additionally, refunds without claims can occur under specific sections. Changes made in 2014 apply to claims filed from 2015 onward.

(a)CA Revenue & Taxation Code § 5097(a) An order for a refund under this article shall not be made, except on a claim:
(1)CA Revenue & Taxation Code § 5097(a)(1) Verified by the person who paid the tax, their guardian, executor, trustee, or administrator.
(2)CA Revenue & Taxation Code § 5097(a)(2) Except as provided in paragraph (3) or (4), filed within four years after making the payment sought to be refunded, within one year after the mailing of notice as prescribed in Section 2635, within the period agreed to as provided in Section 532.1, or within 60 days of the date of the notice prescribed by subdivision (a) of Section 4836, whichever is later.
(3)Copy CA Revenue & Taxation Code § 5097(a)(3)
(A)Copy CA Revenue & Taxation Code § 5097(a)(3)(A) Filed within one year, if an application for a reduction in an assessment or an application for equalization of an assessment has been filed pursuant to Section 1603 and the applicant does not state in the application that the application is intended to constitute a claim for a refund, of either of the following events, whichever occurs first:
(i)CA Revenue & Taxation Code § 5097(a)(3)(A)(i) After the county assessment appeals board makes a final determination on the application for reduction in assessment or on the application for equalization of an escape assessment of the property, and mails a written notice of its determination to the applicant and the notice does not advise the applicant to file a claim for refund.
(ii)CA Revenue & Taxation Code § 5097(a)(3)(A)(ii) After the expiration of the time period specified in subdivision (c) of Section 1604 if the county assessment appeals board fails to hear evidence and fails to make a final determination on the application for reduction in assessment or on the application for equalization of an escape assessment of the property.
(B)CA Revenue & Taxation Code § 5097(a)(3)(A)(B) Filed within six months, if an application for a reduction in an assessment or an application for equalization of an assessment has been filed pursuant to Section 1603 and the applicant does not state in the application that the application is intended to constitute a claim for a refund, after the county assessment appeals board makes a final determination on the application for reduction in assessment or on the application for equalization of an escape assessment, and mails a written notice of its determination to the applicant and the notice advises the applicant to file a claim for refund within six months of the date of the county assessment appeals board’s final determination.
(4)CA Revenue & Taxation Code § 5097(a)(4) Filed within eight years after making the payment sought to be refunded, or within 60 days of the notice prescribed by subdivision (a) of Section 4836, whichever is later, if the claim for refund is filed on or after January 1, 2015, and relates to the disabled veterans’ exemption described in Section 205.5.
(b)CA Revenue & Taxation Code § 5097(b) An application for a reduction in an assessment filed pursuant to Section 1603 shall also constitute a sufficient claim for refund under this section if the applicant states in the application that the application is intended to constitute a claim for refund. If the applicant does not so state, the applicant may thereafter and within the period provided in paragraph (3) of subdivision (a) file a separate claim for refund of taxes extended on the assessment which the applicant applied to have reduced pursuant to Section 1603 or 1604.
(c)CA Revenue & Taxation Code § 5097(c) If an application for equalization of an escape assessment is filed pursuant to Section 1603, a claim may be filed on any taxes resulting from the escape assessment or the original assessment to which the escape relates within the period provided in paragraph (3) of subdivision (a).
(d)CA Revenue & Taxation Code § 5097(d) Notwithstanding subdivision (a), an order for a refund under this article may be made without a claim pursuant to Section 5105, 5108, or 5109.
(e)CA Revenue & Taxation Code § 5097(e) The amendments made to this section by Chapter 656 of the Statutes of 2014 apply to claims for refund filed on or after January 1, 2015.

Section § 5097.02

Explanation

If you're making a claim about your property tax assessment, you must write down your reasons. State whether you think the entire assessment is wrong or just a part of it. Also, include the reasons for your claim.

The claim shall be in writing, specifying:
(a)CA Revenue & Taxation Code § 5097.02(a) Whether the whole assessment is claimed to be void or, if only a part, what portion.
(b)CA Revenue & Taxation Code § 5097.02(b) The grounds on which the claim is founded.

Section § 5097.2

Explanation

If you've paid property taxes that were too high or were paid more than once, you might be eligible for a refund from the county tax collector or auditor, as long as you request it within four years. Refund scenarios include paying more than what's due by more than $20, payments made based on incorrect records that were later corrected, or outcomes from an assessment appeals hearing. For amounts under $20, a claim can still be made under penalty of perjury.

Notwithstanding Sections 5096 and 5097, any taxes paid before or after delinquency may be refunded by the county tax collector or the county auditor, within four years after the date of payment, if:
(a)CA Revenue & Taxation Code § 5097.2(a) Paid more than once.
(b)CA Revenue & Taxation Code § 5097.2(b) The amount paid exceeds the amount due on the property as shown on the roll by an amount greater than twenty dollars ($20).
(c)CA Revenue & Taxation Code § 5097.2(c) The amount paid exceeds the amount due on the property as the result of corrections to the roll or cancellations after those taxes were paid.
(d)CA Revenue & Taxation Code § 5097.2(d) In any other case, where a claim for refund is made under penalty of perjury and is for an amount less than twenty dollars ($20).
(e)CA Revenue & Taxation Code § 5097.2(e) The amount paid exceeds the amount due on the property as the result of a reduction attributable to a hearing before an assessment appeals board or an assessment hearing officer.

Section § 5097.03

Explanation

If you file a claim to get some of your taxes refunded, the tax amount based on the part of the assessment you agree with should not be held back or frozen.

When a claim for refund of taxes is filed, the amount of tax computed on the portion of the assessment not in dispute shall not be impounded.

Section § 5097.3

Explanation

This law allows for a refund of property taxes to be issued if they were overpaid. The overpayment must be related to corrections made to tax assessments that involve the disabled veterans’ exemption. To qualify for a refund, the request must be made within eight years of the tax payment.

Notwithstanding any other law, any taxes paid before or after delinquency may be refunded by the county tax collector or the county auditor, within eight years after the date of payment, if the amount paid exceeds the amount due on the property as the result of corrections to the roll that relate to the disabled veterans’ exemption described in Section 205.5.

Section § 5099

Explanation

This law explains that the board of supervisors has the authority to order a tax refund, which can cover both county taxes and taxes that county officers collect for a city or a specific revenue district.

The refund ordered by the board of supervisors may include county taxes and taxes collected by county officers for a city or revenue district.

Section § 5100

Explanation

This law explains how refunds that include money initially paid to the State should be handled. The county pays these refunds from its general fund. The county auditor must report the refunded amount to the State Controller. If the refund is approved, the State will credit the county for the State’s share of that refund during the next financial settlement.

The part of the refund representing amounts paid to the State shall be paid from the county general fund and, when the auditor renders the report which he is required to make to the Controller showing the amount due the State as of the last day of the month preceding the settlement which the county treasurer is required to have with the Controller, the auditor shall certify this amount refunded to the Controller, in the form prescribed by the Controller. On the next settlement of the county treasurer with the State, the Controller, if satisfied of the legality of the refund, shall give the county treasurer credit for the State’s portion of the refund.

Section § 5101

Explanation

This section explains how refunds of taxes for counties and different types of revenue districts are handled. For county taxes, refunds are issued by a warrant from the county auditor. For other revenue districts, refunds can be paid from the district's available funds in the county treasury. If there aren't enough funds, the payment comes from future funds deposited in the county treasury. For chartered cities, refunds are handled according to the city's specific rules. Counties cannot use their own funds to issue refunds for revenue districts.

Refunds ordered by the board of supervisors under this article in respect of county taxes shall be paid by warrant drawn upon the appropriate fund by the county auditor. Refunds ordered in respect of revenue districts, except chartered cities, may be paid by a warrant drawn by the county auditor, upon such available funds, if any, as the revenue district may have on deposit in the county treasury, or in the event such funds are insufficient, then out of funds subsequently accruing to such revenue district and on deposit in the county treasury. Refunds ordered in respect of chartered cities shall be paid in the manner provided for their payment in the charter or ordinances of the city. Neither any county nor its officers shall refund amounts on behalf of a revenue district from county funds.

Section § 5102

Explanation

If a payment is eligible for a refund under this rule and no one claims it in the allowed time, the county can move this money into its general fund after getting approval from the board of supervisors.

If any payment may be refunded under this article and no claim is filed within the time allowed, the payment may be transferred to the county general fund on order of the board of supervisors.

Section § 5103

Explanation

This law allows taxpayers and local governments (county or city and county) to agree in writing to use credits against future tax liabilities instead of issuing refunds for overpaid taxes and any interest. Interest can still add up on these credits until they are used to pay off future tax obligations. The branch of the government that handles legal settlements handles these agreements.

Notwithstanding any other provision of law, a taxpayer and the county or city and county may enter into a written settlement agreement to substitute credits against a taxpayer’s future tax liabilities for the payment by the county or city and county to that taxpayer of refunds of tax and any interest accrued thereon. Interest may continue to accrue upon a substituted credit until that credit has been fully offset against future tax liabilities. The authority of a county or city and county to provide for tax credits in accordance with this section shall be vested in that branch of the county or city and county government that is authorized to settle legal disputes on behalf of the county or city and county.

Section § 5104

Explanation

This law says that if you're getting a refund on property taxes in California because the property's value went down or there was a mistake corrected on the tax records, the refund can go to whoever owns the property now. It doesn't have to go to the person who actually paid the original tax. However, two conditions must be met: the property hasn't changed owners since the year the tax was charged and the refund is less than $10,000.

Any refund of taxes or assessments authorized pursuant to this article as a result of a reduction in the value of taxable property or as the result of corrections to the roll or cancellations after taxes or assessments were paid, may be paid to the latest recorded owner of that property as shown on the tax roll, rather than to the individual or entity who paid the amount of tax or assessment to be refunded, if both of the following conditions are met:
(a)CA Revenue & Taxation Code § 5104(a) There has been no transfer of the property during or since the fiscal year for which the taxes subject to refund were levied.
(b)CA Revenue & Taxation Code § 5104(b) The amount of the refund is less than ten thousand dollars ($10,000).

Section § 5105

Explanation

This section allows a refund for taxes or assessments on a property to be issued automatically to the property owner without needing to file a claim, under two conditions. First, the property must not have changed ownership during or after the fiscal year for which the taxes were levied. Second, the refund amount must be less than $10,000. This automatic refund process only applies if the county's board of supervisors adopts a resolution or ordinance approving it.

(a)CA Revenue & Taxation Code § 5105(a) Notwithstanding Section 5097, an order for refund of taxes or assessments authorized pursuant to this article may be paid to the assessee of that property, or to the latest recorded owner of that property, as shown on the tax roll, without a claim for refund filed, if both of the following conditions are met:
(1)CA Revenue & Taxation Code § 5105(a)(1) There has been no transfer of the property during or since the fiscal year for which the taxes subject to refund were levied.
(2)CA Revenue & Taxation Code § 5105(a)(2) The amount of the refund is less than ten thousand dollars ($10,000).
(b)CA Revenue & Taxation Code § 5105(b) This section shall become operative in a county only if the board of supervisors of the county adopts a resolution or ordinance approving the operation of this section.

Section § 5106

Explanation

If you've paid taxes late and those taxes are eligible for a refund or recovery, the calculation of any penalties, interest, or costs that can be refunded or recovered will only be based on the taxes that are being refunded or recovered, not on the total late payment.

Where the taxes sought to be refunded or recovered have been paid after delinquency, the amount of penalties, interest or costs refundable or recoverable under this article shall be computed only on the taxes refunded or recovered.

Section § 5107

Explanation

This law states that when the terms "tax" or "taxes" are mentioned in this section, they also encompass any associated penalties, interest, and costs.

As used in this article, “tax” or “taxes” includes penalties, interest, and costs.

Section § 5108

Explanation

This section allows for a refund of taxes or assessments to be automatically paid to a disabled veteran or a veteran’s surviving spouse if they qualify for the disabled veterans’ exemption, without needing to file a refund claim.

Notwithstanding Section 5097, an order for refund of taxes or assessments authorized pursuant to this article may be paid to a disabled veteran or veteran’s surviving spouse, without a claim for refund filed, if the refund is due to a disabled veterans’ exemption described in Section 205.5.

Section § 5109

Explanation

This law allows a property tax refund to be given without a formal refund claim, as long as certain conditions are met. These conditions include that the refund is due to specific property tax exemptions, except for the one in Section 205.5, the person paying taxes qualifies for the exemption, and the refund amount is less than $10,000.

Notwithstanding Section 5097, an order for refund of taxes or assessments authorized pursuant to this article may be paid to an assessee of that property, without a claim for refund filed, if the following conditions are met:
(a)CA Revenue & Taxation Code § 5109(a) The refund results from an exemption described in Sections 201 to 242, inclusive, with the exception of Section 205.5.
(b)CA Revenue & Taxation Code § 5109(b) The refund would not exist but for the assessee or qualifying occupant of the property meeting the requirements for an exemption described in subdivision (a).
(c)CA Revenue & Taxation Code § 5109(c) The amount of the refund is less than ten thousand dollars ($10,000).