Laserfiche WebLink
<br />30 <br />PROPERTY TAXATION IN CALIFORNIA <br /> <br />Property Tax Collection Procedures <br /> Classification. In the State, property which is subject to ad valorem taxes is classified <br />as “secured” or “unsecured.” Secured and unsecured property are entered on separate parts of <br />the assessment roll maintained by the County assessor. The secured classification includes <br />property on which any property tax levied by a county becomes a lien on that property. A tax <br />levied on unsecured property does not become a lien against the taxed unsecured property, but <br />may become a lien on certain other property owned by the taxpayer. Every tax which becomes <br />a lien on secured property has priority over all other liens on the secured property arising <br />pursuant to State law, regardless of the time of the creation of other liens. <br /> <br />Generally, ad valorem taxes are collected by a county (the “Taxing Authority”) for the <br />benefit of the various entities (e.g., cities, schools and special districts) that share in the ad <br />valorem tax (each a taxing entity) and successor agencies eligible to receive distributions from <br />the respective Redevelopment Property Tax Trust Funds. <br /> Collections. Secured and unsecured property are entered separately on the <br />assessment roll maintained by the county assessor. The method of collecting delinquent taxes <br />is substantially different for the two classifications of property. The taxing authority has four <br />ways of collecting unsecured personal property taxes: (i) initiating a civil action against the <br />taxpayer, (ii) filing a certificate in the office of the county clerk specifying certain facts in order to <br />obtain a judgment lien on certain property of the taxpayer, (iii) filing a certificate of delinquency <br />for record in the county recorder’s office to obtain a lien on certain property of the taxpayer, and <br />(iv) seizing and selling personal property, improvements or possessory interests belonging or <br />assessed to the assessee. The exclusive means of enforcing the payment of delinquent taxes <br />with respect to property on the secured roll is the sale of the property securing the taxes to the <br />State for the amount of taxes which are delinquent. <br /> <br />Penalty. A 10% penalty is added to delinquent taxes which have been levied with <br />respect to property on the secured roll. In addition, property on the secured roll on which taxes <br />are delinquent is declared in default by operation of law and declaration of the tax collector on or <br />about June 30 of each fiscal year. Such property may thereafter be redeemed by payment of <br />the delinquent taxes and a delinquency penalty, plus a redemption penalty of 1.5% per month to <br />the time of redemption. If taxes are unpaid for a period of five years or more, the property is <br />deeded to the State and then is subject to sale by the county tax collector. A 10% penalty also <br />applies to delinquent taxes with respect to property on the unsecured roll, and further, an <br />additional penalty of 1.5% per month accrues with respect to such taxes beginning on varying <br />dates related to the tax bill mailing date. <br /> Delinquencies. The valuation of property is determined as of the January 1 lien date as <br />equalized in August of each year and equal installments of taxes levied upon secured property <br />become delinquent on the following December 10 and April 10. Taxes on unsecured property <br />are due January 1 and become delinquent August 31. <br /> Supplemental Assessments. California Revenue and Taxation Code Section 75.70 <br />provides for the reassessment and taxation of property as of the occurrence of a change of <br />ownership or completion of new construction. Such reassessment is referred to as the <br />Supplemental Assessment and is determined by applying the current year's tax rate to the <br />amount of the increase or decrease in a property's value and prorating the resulting property <br />135