The types of situations triggering an individual’s right to a property tax refund have expanded in 2019, with some slight changes to California’s property taxation laws.
Individuals who might seek a property tax refund include:
- disabled veterans who are retroactively exempt from paying property taxes;
- property owners who paid taxes erroneously or more than once; and
- property owners who have had their property reassessed and the assessment value reduced, and are seeking a refund on taxes paid in that assessment year. [Calif. Revenue and Taxation Code §§205.5; 5096]
Previously, tax refunds were able to be collected and verified by:
- the person who paid the tax (including the last recorded owner) or their guardian;
- the property’s executor; or
- the property’s administrator.
With the passage of SB 1246, beginning January 1, 2019, a trustee of the person who paid the tax is also able to collect a tax refund. [Rev & T C §5097(a)(1)]
Further, the law changes authorize a property tax refund to be granted without a verified claim when:
- the property has not been transferred the same fiscal year the taxes were collected; and
- the refund is for less than $5,000. [Rev & T C §5105(a)]
Property tax refunds may only be granted without a verified claim in counties where the board of supervisors adopts a resolution or ordinance allowing such unverified claims to be granted tax refunds. [Rev & T C §5105(b)]
Verifying a claim typically takes a lot of work on behalf of the taxpayer, as the onus is on the taxpayer rather than the county to get a refund they are entitled to on property taxes. Now — in counties choosing to adopt the law change, which will likely be many due to the lack of opposition to the bill — the county will be able to simply issue a refund without the taxpayer needing to first file a claim.
Anything that simplifies the property tax collection — and refund — process is positive news. These changes make the property tax refund process more efficient, avoiding extra steps and needless headaches.
Related article:
If they broke the law by coming to America ILLEGALLY, what makes us think they won’t break other laws, like the real estate laws!! The illegals have no conscience! I used to be proud saying I am a native Californian…I used to be proud saying I have been a licensed REAL ESTATE AGENT for 42 years. But at this moment, reading the new idiotic law that people think is for our good is totally heartbreaking. My grandparents came to the USA legally in 1915, AND became citizens, never returned to the old country, and only flew the American flag. That’s more than I can say for the illegal immigrants who only seem to fly their own country’s flag. DRE has accomplished a major low by awarding criminals.
I agree with you I’m heartbroken too. Also been a licensed REAL ESTATE AGENT for 43 years. I have great concern in reference to all this flipping that’s going down at this time. I really believe is going to backfire one day. I know you remember the day the quit claim deed was being given to other for small amounts of cash. And eventually it was it was proven the property value had increased. And the increased amount belonged to the original holder of the deed. I knew of brokers and salespersons that went to jail for it. I would never participate in this flipping trade. Sellers are smart too. And so are attorneys. It look’s good. But everything that look’s good is not . Real Estate in California seem to be a joke now.