Refunds Generally

Cal. RTC § 5097

California Statutes

(

a) An order for a refund under this

article shall not be made, except on a claim:

(1) Verified by the person who paid the tax, their guardian, executor, trustee, or administrator.

(2) Except as provided in paragraph (3) or (4), filed within four years after making the payment sought to be refunded, within one year after the mailing of notice as prescribed in

Section 2635, within the period agreed to as provided in

Section 532.1, or within days of the date of the notice prescribed by subdivision (

a) of

Section 4836, whichever is later. (3) (

A) Filed within one year, if an application for a reduction in an assessment or an application for equalization of an assessment has been filed pursuant to

Section and the applicant does not state in the application that the application is intended to constitute a claim for a refund, of either of the following events, whichever occurs first: (

i) After the county assessment appeals board makes a final determination on the application for reduction in assessment or on the application for equalization of an escape assessment of the property, and mails a written notice of its determination to the applicant and the notice does not advise the applicant to file a claim for refund. (ii) After the expiration of the time period specified in subdivision (

c) of

Section if the county assessment appeals board fails to hear evidence and fails to make a final determination on the application for reduction in assessment or on the application for equalization of an escape assessment of the property. (

B) Filed within six months, if an application for a reduction in an assessment or an application for equalization of an assessment has been filed pursuant to

Section and the applicant does not state in the application that the application is intended to constitute a claim for a refund, after the county assessment appeals board makes a final determination on the application for reduction in assessment or on the application for equalization of an escape assessment, and mails a written notice of its determination to the applicant and the notice advises the applicant to file a claim for refund within six months of the date of the county assessment appeals board’s final determination.

(4) Filed within eight years after making the payment sought to be refunded, or within days of the notice prescribed by subdivision (

a) of

Section 4836, whichever is later, if the claim for refund is filed on or after January 1, 2015, and relates to the disabled veterans’ exemption described in

Section 205.5. (

b) An application for a reduction in an assessment filed pursuant to

Section shall also constitute a sufficient claim for refund under this

section if the applicant states in the application that the application is intended to constitute a claim for refund. If the applicant does not so state, the applicant may thereafter and within the period provided in paragraph (3) of subdivision (

a) file a separate claim for refund of taxes extended on the assessment which the applicant applied to have reduced pursuant to

Section or 1604. (

c) If an application for equalization of an escape assessment is filed pursuant to

Section 1603, a claim may be filed on any taxes resulting from the escape assessment or the original assessment to which the escape relates within the period provided in paragraph (3) of subdivision (a). (

d) Notwithstanding subdivision (a), an order for a refund under this

article may be made without a claim pursuant to

Section 5105, 5108, or 5109. (

e) The amendments made to this

section by

Chapter of the Statutes of apply to claims for refund filed on or after January 1, 2015.

Document details

CollectionCalifornia Statutes
CitationCal. RTC § 5097
Date2025-01-01
Typestatute
Languageen
SourceCA_STAT
IdentifierRTC5097.20249222

Refunds Generally

Cal. RTC § 5097

California Statutes

Refunds Generally

Cal. RTC § 5097

California Statutes

(

a) An order for a refund under this

article shall not be made, except on a claim:

(1) Verified by the person who paid the tax, their guardian, executor, trustee, or administrator.

(2) Except as provided in paragraph (3) or (4), filed within four years after making the payment sought to be refunded, within one year after the mailing of notice as prescribed in

Section 2635, within the period agreed to as provided in

Section 532.1, or within days of the date of the notice prescribed by subdivision (

a) of

Section 4836, whichever is later. (3) (

A) Filed within one year, if an application for a reduction in an assessment or an application for equalization of an assessment has been filed pursuant to

Section and the applicant does not state in the application that the application is intended to constitute a claim for a refund, of either of the following events, whichever occurs first: (

i) After the county assessment appeals board makes a final determination on the application for reduction in assessment or on the application for equalization of an escape assessment of the property, and mails a written notice of its determination to the applicant and the notice does not advise the applicant to file a claim for refund. (ii) After the expiration of the time period specified in subdivision (

c) of

Section if the county assessment appeals board fails to hear evidence and fails to make a final determination on the application for reduction in assessment or on the application for equalization of an escape assessment of the property. (

B) Filed within six months, if an application for a reduction in an assessment or an application for equalization of an assessment has been filed pursuant to

Section and the applicant does not state in the application that the application is intended to constitute a claim for a refund, after the county assessment appeals board makes a final determination on the application for reduction in assessment or on the application for equalization of an escape assessment, and mails a written notice of its determination to the applicant and the notice advises the applicant to file a claim for refund within six months of the date of the county assessment appeals board’s final determination.

(4) Filed within eight years after making the payment sought to be refunded, or within days of the notice prescribed by subdivision (

a) of

Section 4836, whichever is later, if the claim for refund is filed on or after January 1, 2015, and relates to the disabled veterans’ exemption described in

Section 205.5. (

b) An application for a reduction in an assessment filed pursuant to

Section shall also constitute a sufficient claim for refund under this

section if the applicant states in the application that the application is intended to constitute a claim for refund. If the applicant does not so state, the applicant may thereafter and within the period provided in paragraph (3) of subdivision (

a) file a separate claim for refund of taxes extended on the assessment which the applicant applied to have reduced pursuant to

Section or 1604. (

c) If an application for equalization of an escape assessment is filed pursuant to

Section 1603, a claim may be filed on any taxes resulting from the escape assessment or the original assessment to which the escape relates within the period provided in paragraph (3) of subdivision (a). (

d) Notwithstanding subdivision (a), an order for a refund under this

article may be made without a claim pursuant to

Section 5105, 5108, or 5109. (

e) The amendments made to this

section by

Chapter of the Statutes of apply to claims for refund filed on or after January 1, 2015.

Document details

CollectionCalifornia Statutes
CitationCal. RTC § 5097
Date2025-01-01
Typestatute
Languageen
SourceCA_STAT
IdentifierRTC5097.20249222
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