Section 483 Of Article 2.5. Change In Ownership Reporting From California Revenue And Taxation Code >> Division 1. >> Part 2. >> Chapter 3. >> Article 2.5.
483
. (a) If the assessee establishes to the satisfaction of the
county board of equalization or the assessment appeals board that the
failure to file the change in ownership statement within the time
required by subdivision (a) of Section 482 was due to reasonable
cause and circumstances beyond the assessee's control, and occurred
notwithstanding the exercise of ordinary care in the absence of
willful neglect, and has filed the statement with the assessor, the
county board of equalization or the assessment appeals board may
order the penalty abated, provided the assessee has filed with the
county board of equalization or the assessment appeals board a
written application for abatement of the penalty no later than 60
days after the date on which the assessee was notified of the
penalty.
If the penalty is abated it shall be canceled or refunded in the
same manner as an amount of tax erroneously charged or collected.
(b) The provisions of subdivision (a) shall not apply in any
county in which the board of supervisors adopts a resolution to that
effect. In that county the penalty provided for in subdivision (a) of
Section 482 shall be abated if the assessee files the change of
ownership statement with the assessor no later than 60 days after the
date on which the assessee was notified of the penalty.
If the penalty is abated it shall be canceled or refunded in the
same manner as an amount of tax erroneously charged or collected.
(c) (1) If a person or legal entity establishes to the
satisfaction of the county board of equalization or the assessment
appeals board that the failure to file the change in ownership
statement within the time required by subdivision (b) of Section 482
was due to reasonable cause and circumstances beyond the assessee's
control, and occurred notwithstanding the exercise of ordinary care
in the absence of willful neglect, and has filed the statement with
the State Board of Equalization, the county board of equalization or
the assessment appeals board may order the penalty be abated,
provided the person or legal entity has filed with the county board
of equalization or the assessment appeals board a written application
for abatement of the penalty no later than 60 days after the date on
which the person or legal entity was notified of the penalty by the
assessor.
(2) If a written request to file a change in ownership statement,
including a written request to file a complete change in ownership
statement, is mailed by the State Board of Equalization to a person
or legal entity as specified in subdivision (b) of Section 482, and
the assessor determines that the written request was based on
erroneous information in the possession of the board provided by any
person or entity, including, but not limited to, the Franchise Tax
Board, a county assessor, or board staff, the assessor shall abate
the penalty if the person or legal entity required to comply with the
written request notifies both the board and the county assessor
responsible for assessing the penalty of the error no later than 60
days after the date on which the person or legal entity is notified
of the penalty.
(3) If the penalty is abated, it shall be canceled or refunded in
the same manner as an amount of tax erroneously charged or collected.