SECTIONS 4946-4948 - California Statutes

REVENUE AND TAXATION CODE

SECTION 4946-4948

4946. All or any portion of any uncollected tax, penalty, or costs,
heretofore or hereafter levied, may on satisfactory proof submitted
by the tax collector be canceled by the auditor on order of the board
of supervisors upon a showing that the collection of the delinquent
tax can not be enforced because of any errors in description,
assessment, equalization, levy, or any other proceeding. If all or
any portion of the property was taxable for the year or years for
which the cancellation is made, the clerk shall send a notice to the
last assessee of the property respecting the cancellation. A similar
notice shall be sent to the last assessee, except that the grounds of
cancellation need not be stated, in the event that any tax, penalty,
or costs, or any portion thereof, is ordered canceled or held void
or ordered refunded by a final judgment of a court of competent
jurisdiction.

4947. The notice shall state:
(a) The grounds of cancellation;
(b) That collection of the tax for the year for which cancellation
was made will be enforced unless cause is shown why such action
should not be taken;
(c) That the assessee may demand a hearing by the board of
supervisors within ten days after the notice is sent.
If demanded, the board of supervisors shall set a time for the
hearing and its decision is final as to whether or not collection of
the tax should be enforced. If any portion of the property was
taxable for the year for which cancellation is made, the board of
supervisors shall order collection of the corrected tax for the year
for which cancellation was made.

4948. If the board of supervisors orders that collection of the tax
should be enforced, the assessor shall assess the property at its
value on the lien date of the year for which cancellation was made.
The property shall be entered on the roll prepared or being
prepared in the assessment year when the cancellation is made. The
entry shall be followed with "Taxes canceled for year 19_ and
collection ordered enforced by Board of Supervisors ____ 19_."
The amount charged against the property on the roll on which it is
entered shall be the corrected tax for the year for which the
cancellation was made. No penalties or other charges shall be charged
on this assessment except those which may attach to other property
assessed for the year in which this property is placed on the roll.
If the tax rate for the year for which the cancellation is made has
not been held invalid by a court, the tax rate to be applied shall be
the rate fixed for such year. If the tax rate or any portion of it
has been held invalid by a final judgment of a court, the corrected
tax shall be determined by the auditor by applying all such judgments
in the manner prescribed by the Controller.
Any revenue received on this assessment for the year for which
cancellation is made shall be treated like revenue received from
delinquent taxes for such year.
The collection of the tax shall be enforced in the same manner as
the tax on other property on the roll on which it is entered.