Section § 5081

Explanation

This section defines what is meant by 'exempt property.' It includes property that either the United States or various public entities like counties, cities, and school districts acquire, which then becomes free from taxation under their respective laws.

As used in this article, “exempt property” means:
(a)CA Revenue & Taxation Code § 5081(a) Property acquired by the United States that becomes exempt from taxation under the laws of the United States.
(b)CA Revenue & Taxation Code § 5081(b) Property acquired by the state or by a county, city, school district, or other public entity, that becomes exempt from taxation under the laws of the state.

Section § 5082

Explanation

This section explains what the term "date of apportionment" means for certain legal purposes. It is defined as the first of these events to happen: the date when a property transfer or final decision in a condemnation case is officially recorded, the date the acquiring party actually takes control of the property, or the date when the acquiring party is authorized to take control through a legal order or declaration.

For purposes of this article, the “date of apportionment” is the earliest of the following times:
(a)CA Revenue & Taxation Code § 5082(a) The date the conveyance to the acquiring entity or the final order of condemnation is recorded.
(b)CA Revenue & Taxation Code § 5082(b) The date of actual possession by the acquiring entity.
(c)CA Revenue & Taxation Code § 5082(c) The date upon or after which the acquiring entity may take possession as authorized by an order for possession or by a declaration of taking.

Section § 5082.1

Explanation

This law section requires all public entities to follow a process when acquiring property. They must: 1) give the local assessor and auditor a copy of the property acquisition document, 2) include the apportionment date on that document, 3) ask the auditor to cancel any remaining taxes for the fiscal year after the apportionment date, and 4) provide a map of the acquired property.

Every public entity shall do all of the following:
(a)CA Revenue & Taxation Code § 5082.1(a) Provide the local assessor and auditor a copy of the instrument evidencing the acquisition of property by the entity.
(b)CA Revenue & Taxation Code § 5082.1(b) Indicate on the instrument referred to in subdivision (a) the date of apportionment.
(c)CA Revenue & Taxation Code § 5082.1(c) Request the auditor to cancel taxes for the remaining portion of the fiscal year after the date of apportionment.
(d)CA Revenue & Taxation Code § 5082.1(d) Provide a map of the acquired property.

Section § 5083

Explanation

When property that is exempt from certain taxes is bought through negotiation or taken by the government, any tax liens on that property are automatically removed. Instead, those liens are transferred to the money received from the purchase or compensation for the property.

If exempt property is acquired either by negotiated purchase or eminent domain any lien on the property for ad valorem taxes is extinguished as a matter of law upon the acquisition of the property, and the lien immediately transfers and attaches to the proceeds constituting the purchase price or award.

Section § 5084

Explanation

This law explains that if someone buys property that is exempt from taxes, they can't cancel any unpaid taxes or penalties from previous years that are attached to the property.

These outstanding debts must be settled either at the closing of escrow, from a compensation received in an eminent domain case, or if left unpaid, they will be moved to an unsecured status. They can be collected from either the person who sold the property or the public entity that bought it.

(a)CA Revenue & Taxation Code § 5084(a) No cancellation shall be made of all or any portion of any unpaid taxes or any penalties or costs levied for prior tax years that constitute a lien at the time of acquisition of exempt property.
(b)CA Revenue & Taxation Code § 5084(b) Such unpaid taxes, penalties, and costs shall be paid through escrow at the close of escrow or from the award in eminent domain, or if unpaid for any reason, shall be transferred to the unsecured roll pursuant to Section 5090 and are collectible from either the person from whom the property was acquired or the public entity that acquired the property.

Section § 5085

Explanation

If someone buys or acquires a tax-exempt property through negotiation, as a gift, by inheritance, or through eminent domain after the date taxes are set but before the new fiscal year starts, the taxes for that upcoming fiscal year are canceled. Neither the previous owner nor the public entity that acquired the property has to pay them.

If exempt property is acquired by negotiated purchase, gift, devise, or eminent domain after the lien date but prior to the commencement of the fiscal year for which taxes are a lien on the property, the amount of the taxes for that fiscal year shall be canceled and are not collectible from either the person from whom the property was acquired or the public entity that acquired the property.

Section § 5086

Explanation

This law explains what happens to property taxes when a tax-exempt property is acquired during the fiscal year. If a property is bought through negotiation, received as a gift, inheritance, or taken by eminent domain, the taxes must be handled in two parts. First, the taxes for the time before the property changes hands must be paid out of escrow or from compensation for eminent domain. After the change, any taxes or penalties for the remainder of the fiscal year are canceled, and neither the former owner nor the new public entity has to pay them. If the taxes amount is unknown, the county auditor will calculate them based on last year's taxes, and this amount must be paid to the tax collector.

If exempt property is acquired by negotiated purchase, gift, devise, or eminent domain after commencement of the fiscal year for which the current taxes are a lien on the property:
(a)CA Revenue & Taxation Code § 5086(a) The portion of the current taxes and any penalties and costs that are allocable to the part of the fiscal year that ends on the day before the date of apportionment shall be paid through escrow at the close of escrow or from the award in eminent domain.
(b)CA Revenue & Taxation Code § 5086(b) The portion of the current taxes and any penalties and costs that are allocable to the part of the fiscal year that begins on the date of apportionment shall be canceled and are not collectible either from the person from whom the property was acquired or from the public entity that acquired the property.
(c)CA Revenue & Taxation Code § 5086(c) If the amount of taxes or special assessment liens is unknown, the portion of the current taxes attributable to the period of the fiscal year that ends on the day before the date of apportionment shall be ascertained by the auditor on a pro rata basis of the previous year’s taxes, and shall be paid to the tax collector. The auditor shall adjust the assessment roll and the tax charge accordingly.

Section § 5086.1

Explanation

This law states that the auditor must cancel taxes on the date specified in a notice, as detailed by another section called Section 5082.1.

The auditor shall cancel taxes on the date of apportionment provided in the notice required by Section 5082.1.

Section § 5086.2

Explanation

If taxes are canceled and this leads to a refund, the auditor must either send the refund or inform the taxpayer about how to get it. This notification must state that the taxpayer can get a refund and needs to file a claim within 60 days of the notice date.

Even if the general rules in Section 5097 say otherwise, a refund claim is considered on time if it's filed within 60 days after the notice is sent.

If the cancellation of taxes under this article will result in a refund, the auditor shall either process the refund to the payer of the tax or notify the payer in writing of the requirements for obtaining a refund pursuant to Section 5097. The notice shall state that the payer of the tax is entitled to a refund and that a claim for a refund shall be filed, pursuant to Section 5097, within 60 days of the date of the notice.
Notwithstanding Section 5097, a claim for a refund shall be deemed timely filed if it is filed within 60 days of the date of the notice.

Section § 5087

Explanation

This law allows a county's board of supervisors to decide that certain unpaid taxes, penalties, and costs associated with a property do not have to be paid through escrow when a property transaction is finalized. Instead, these amounts can be transferred to a list of debts not tied to any specific property, called the unsecured roll, and can be collected from the former property owner.

The board of supervisors of a county may provide that all unpaid taxes, penalties, and costs and the allocable portion of current taxes, penalties, and costs computed in accordance with this article shall not be paid through escrow at the close of escrow or from the award in eminent domain, but shall be transferred to the unsecured roll pursuant to Section 5090 and are collectible from the person from whom the property was acquired.

Section § 5088

Explanation

This law states that if a property is set to be sold due to unpaid taxes as outlined in Section 3691, any unpaid taxes, penalties, or costs cannot be moved to an unsecured roll.

Notwithstanding any other provision of this article, unpaid taxes, penalties, or costs shall not be transferred to the unsecured roll with respect to property that has become subject to a power of sale pursuant to Section 3691.

Section § 5089

Explanation

This law allows a county's board of supervisors to decide that if unpaid taxes, penalties, and costs for a fiscal year are less than $20, those amounts can be canceled instead of being moved to the unsecured roll.

The board of supervisors of a county may prescribe that, where the amount of unpaid taxes, penalties, and costs to be transferred to the unsecured roll pursuant to this article is less than twenty dollars ($20) with respect to a given fiscal year, the unpaid taxes, penalties, and costs shall be canceled rather than transferred to the unsecured roll.

Section § 5090

Explanation

If property taxes, penalties, and costs haven't been paid by the time the property is declared in default, they will be moved from the secured property tax roll to the unsecured roll and collected accordingly.

The time limit for starting a lawsuit to collect these taxes starts on the day they are transferred to the unsecured roll, and this date is recorded by the auditor.

For taxes, penalties, and costs on the unsecured roll owed by a public entity, the amount can't exceed what the entity paid for the property or was awarded in proceedings.

The previous owner of the property is responsible for reimbursing any such taxes, penalties, and costs that a public entity pays.

(a)CA Revenue & Taxation Code § 5090(a) If taxes, penalties, and costs that are not subject to cancellation pursuant to this article are unpaid at the time set for the declaration of default of property on the secured roll, they shall be transferred to the unsecured roll pursuant to Section 2921.5, and collected as provided therein.
(b)CA Revenue & Taxation Code § 5090(b) The statute of limitations on any suit brought to collect taxes, penalties, and costs transferred to the unsecured roll commences to run on the date of transfer, which date shall be entered on the unsecured roll by the auditor opposite the name of the assessee at the time the transfer is made.
(c)CA Revenue & Taxation Code § 5090(c) The amount of taxes, penalties, and costs collectible on the unsecured roll from a public entity pursuant to this article shall not exceed the amount paid for the property or awarded in the proceeding.
(d)CA Revenue & Taxation Code § 5090(d) The person from whom the property was acquired is liable to the public entity that acquired the property for any taxes, penalties, and costs collected on the unsecured roll from the public entity.

Section § 5091

Explanation

If a government entity plans to acquire property for a public project, making it exempt from property taxes, it must notify the county assessor, the county tax collector, and relevant public entities involved in tax assessment. This notification should be issued soon after budget funds for the project are considered.

The notice should include details about the project size and when all necessary property purchases or agreements will be completed. However, this rule doesn't create new legal rights or affect property acquisitions through purchase or eminent domain.

(a)CA Revenue & Taxation Code § 5091(a) If a public entity proposes to acquire property for a public use that will make the property exempt from taxation, the public entity shall give notice to the county assessor, the county tax collector, and to any public entities whose taxes are not collected by the county tax collector but who at the time exercise the right of assessment and taxation.
(b)CA Revenue & Taxation Code § 5091(b) The notice shall be given within a reasonable time following the initial budgeting of funds for the proposed acquisition, and shall state all of the following:
(1)CA Revenue & Taxation Code § 5091(b)(1) The approximate extent of the proposed project.
(2)CA Revenue & Taxation Code § 5091(b)(2) The estimated time of completion of all acquisitions necessary for the proposed project.
(c)CA Revenue & Taxation Code § 5091(c) This section creates no rights or liabilities and does not affect the validity of any property acquisitions by negotiated purchase or eminent domain.