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Section 4986 Of Article 1. Generally From California Revenue And Taxation Code >> Division 1. >> Part 9. >> Chapter 4. >> Article 1.
4986
. (a) All or any portion of any tax, penalty, or costs,
heretofore or hereafter levied, shall, on satisfactory proof, be
canceled by the auditor if it was levied or charged:
(1) More than once.
(2) Erroneously or illegally.
(3) On the canceled portion of an assessment that has been decreased pursuant to a correction authorized by Article 2 (commencing with Section 4876) of Chapter 2.
(4) On property that did not exist on the lien date.
(5) On property annexed after the lien date by the public entity owning it.
(6) On property acquired by the United States, the state, or by any county, city, school district or other public entity, to the extent provided in Article 5 (commencing with Section 5081).
(7) On that portion of an assessment in excess of the value of the property as determined by the assessor pursuant to Section 469.
(b) No cancellation under paragraph (2) of subdivision (a) may be made in respect of all or any portion of any tax, or penalties or costs attached thereto, collectible by county officers on behalf of a city without the written consent of the city attorney or other officer designated by the city council unless the city council has authorized the cancellation by county officers. The resolution shall remain effective until rescinded by the city council.
(c) If the tax, penalty, or costs, are collected more than four years following the enrollment of the tax bill, the cancellation authorized pursuant to subdivision (a) may be performed if the cancellation action is initiated within 120 days of the payment.
(1) More than once.
(2) Erroneously or illegally.
(3) On the canceled portion of an assessment that has been decreased pursuant to a correction authorized by Article 2 (commencing with Section 4876) of Chapter 2.
(4) On property that did not exist on the lien date.
(5) On property annexed after the lien date by the public entity owning it.
(6) On property acquired by the United States, the state, or by any county, city, school district or other public entity, to the extent provided in Article 5 (commencing with Section 5081).
(7) On that portion of an assessment in excess of the value of the property as determined by the assessor pursuant to Section 469.
(b) No cancellation under paragraph (2) of subdivision (a) may be made in respect of all or any portion of any tax, or penalties or costs attached thereto, collectible by county officers on behalf of a city without the written consent of the city attorney or other officer designated by the city council unless the city council has authorized the cancellation by county officers. The resolution shall remain effective until rescinded by the city council.
(c) If the tax, penalty, or costs, are collected more than four years following the enrollment of the tax bill, the cancellation authorized pursuant to subdivision (a) may be performed if the cancellation action is initiated within 120 days of the payment.
