Article 5. Reassessments of California Revenue And Taxation Code >> Division 2. >> Part 6. >> Chapter 2. >> Article 5.
On or before August 1 the board shall complete the
assessment of all property required to be assessed and shall notify
the assessees thereof. This notice shall include an announcement of
the statutory period during which, and the place at which, a petition
for reassessment may be filed.
Between August 1 and August 21, the assessments made by the
board shall be open for inspection by all persons interested.
(a) The owner or assessee may file a petition for
reassessment on or before September 20. If the petition is not filed
on or before September 20, or, if the period is extended by the
board, by October 5, the assessment of the board shall be final.
(b) The board may extend the period for filing a petition until
October 5 provided a written request for the extension is filed with
the board on or before September 20.
(c) The board shall hear the applicant on such petition on or
before January 31.
(a) Any assessment made outside of the regular assessment
period may be the subject of a petition for reassessment. A petition
for reassessment may be filed on or before the 50th day following the
date of the notice of assessment.
(b) The board may extend the deadline for filing a petition for a
period not to exceed 15 days, provided a written request for the
extension is filed with the board on or before the expiration of the
period for which the extension may be granted.
(c) If a petition for reassessment is not timely filed, the
assessment of the board shall be final. The board may consider a
petition which is not timely filed to be a claim for refund.
(d) The board shall hear the applicant on the petition within 90
days of the date on which the petition was filed.
Every petition for reassessment filed under Section 11338 or
Section 11339 shall be in writing and shall state the specific
grounds upon which the petition is founded. The petition shall
include a statement of the petitioner's opinion of value of the
private railroad cars assessed.
Any petition that does not meet the requirements of this section
shall be deemed invalid and shall not be acted upon by the board. A
petition timely filed but deemed invalid may be amended or
supplemented and refiled within such time as the board may prescribe;
provided, however, that no amendment of a petition filed under
Section 11338 may be filed later than December 31.
(a) The board shall render its decision on the petition for
reassessment within 45 days of the date of the hearing on the
petition, and shall mail notice of its decision to the applicant.
(b) If the board determines that the amount of the assessment
should be increased, the notice shall advise the applicant of the
amount of additional tax that is due, and the date by which payment
must be made. If the additional tax is not paid within 15 days
following the date on which notice is mailed, it is delinquent, and a
penalty of 10 percent of the amount of the additional tax shall be
added thereto, plus interest on the amount of the additional tax at
the rate of 3/4 of 1 percent per month, or fraction thereof, from the
date on which the additional tax became due until the date of
payment.
(c) If the board determines that the amount of the assessment
should be reduced, the notice shall advise the applicant of the
amount of the tax that will be refunded or credited. The board shall
proceed to refund or credit the overpayment in the manner prescribed
in Section 11551, and interest shall be added to the credit or refund
in the amount provided in Section 11555.
A petitioner may request the board to close to the public a
portion of the hearing by filing a declaration under penalty of
perjury that evidence is to be presented which relates to trade
secrets, the disclosure of which will be detrimental to the business
interests of the owner of the trade secrets. If the board grants the
request, only evidence relating to the trade secrets may be presented
during the time the hearing is closed.