SECTIONS 75-75.9 - California Statutes

REVENUE AND TAXATION CODE

SECTION 75-75.9

75. It is the intent of the Legislature in enacting this chapter to
fully implement Article XIII A of the California Constitution and to
promote increased equity among taxpayers by enrolling and making
adjustments of taxes resulting from changes in assessed value due to
changes in ownership and completion of new construction at the time
they occur. The Legislature finds and declares that under the law in
effect prior to the enactment of this chapter, recognition of these
increases is delayed from four to 16 months, which results in an
unwarranted reduction of taxes for some taxpayers with a
proportionate and inequitable shift of the tax burden to other
taxpayers.
It is also the intent of the Legislature that the provisions of
this chapter shall be limited to assessments on the supplemental roll
which are authorized by the provisions of this chapter and none of
its provisions shall be applied, construed, or used as a basis for
interpreting legislative intent when determining the effect of any
other provision of this division. The Legislature finds and declares
that the supplemental assessment system created by this chapter
involves practical tax administration considerations which require
unique solutions. Except as expressly provided in Article 2.5
(commencing with Section 75.18), these solutions are not appropriate
to the general assessment of property under the provisions of Chapter
3 (commencing with Section 401) of Part 2 and the adoption of the
supplemental roll assessment system is not intended to affect the
valuation or assessment provisions applicable to the regular
assessment roll.

75.1. Except where the context or the specific provisions of this
chapter otherwise require, all of the following apply:
(a) The definitions in this article govern the construction of
this chapter.
(b) The other provisions of this division apply to assessments
made pursuant to this chapter.
(c) The taxes due pursuant to this chapter are in addition to any
other taxes due under this division.

75.2. "Current roll" means the roll for the fiscal year during
which the change in ownership occurs or the new construction is
completed.

75.3. "The roll being prepared" means the roll for the fiscal year
following the fiscal year in which the change in ownership occurs or
the new construction is completed.

75.4. "Current tax rate" means the tax rate applicable to the
current roll, including any rate in excess of the limitation
prescribed by subdivision (a) of Section 1 of Article XIII A of the
California Constitution.

75.5. "Property" means and includes manufactured homes subject to
taxation under Part 13 (commencing with Section 5800) and real
property, other than the following:
(a) Fixtures that are normally valued as a separate appraisal unit
from a structure.
(b) Newly created taxable possessory interests, established by
month-to-month agreements in publicly owned real property, having a
full cash value of fifty thousand dollars ($50,000) or less.

75.6. "Fiscal year" means a fiscal year beginning July 1 and ending
June 30.

75.7. "Supplemental roll" means the roll prepared or amended in
accordance with the provisions of this chapter and containing
properties which have changed ownership or had new construction
completed.

75.8. "New base year value" means the full cash value of property
on the date it changes ownership or of new construction on the date
it is completed.

75.9. "Taxable value" means the base year full value adjusted for
any given lien date as required by law or the full cash value for the
same date, whichever is less. In the case of real property which,
prior to the date of the change in ownership or completion of new
construction, was assessed by the board pursuant to Section 19 of
Article XIII of the California Constitution, "taxable value" means
that portion of the state-assessed value determined by the board to
be properly allocable to the property which is subject to the
supplemental assessment.