Refund Actions by Taxpayers

Cal. RTC § 5145

California Statutes

(

a) Notwithstanding the fact that all taxes on property have not been paid in full, the owner of that property may bring an action under

Section at any time within six months after the rejection of a claim for the first installment under an installment plan of redemption pursuant to

Article 2 (commencing with

Section 4216) of

Chapter of

Part 7, if the following requirements are satisfied:

(1) The first installment payment is made within six months of the delinquency of the taxes being paid by installments.

(2) If the balance of the unpaid tax liability remaining after the first installment payment has been made, plus penalties and interest thereon to the date of filing the actions, exceeds 66 2 percent of the full value of the property on which the taxes are a lien, as of the last equalized assessment roll, the taxpayer shall post a bond with the county tax collector in a sum equal to that excess or, in the alternative, pledge other property with the county tax collector in that amount as security.

The requirement for a bond or additional security specified in this paragraph shall terminate when the balance of unpaid tax liability remaining after a subsequent installment payment, plus penalties and interest thereon to the date of such subsequent installment payment, no longer exceeds 66 2 percent of the full value of the property on which the taxes are a lien, as of the last equalized assessment roll.

However, a new bond shall be posted or property pledged if, during the pendency of the action, the balance of unpaid tax liability, plus penalties and interest thereon, again exceeds 66 2 percent of the full value. (

b) The right to maintain an action under this

section shall terminate if there is a default of any obligation by the owner in the installment plan of redemption on the property. (

c) If the owner does not recover the amount of taxes in dispute in an action brought under this section, he or she shall pay additional interest to the county or city equal to the difference between the interest he or she has paid under

Article 2 (commencing with

Section 4216) of

Chapter of Part and the amount of interest the county or city would have earned on the funds in the impound account on the entire amount of tax determined by the court to be due, if the amount had been paid in equal installments on the tax delinquency dates.

Document details

CollectionCalifornia Statutes
CitationCal. RTC § 5145
Date1983-09-30
Typestatute
Languageen
SourceCA_STAT
IdentifierRTC5145.1983128134

Refund Actions by Taxpayers

Cal. RTC § 5145

California Statutes

Refund Actions by Taxpayers

Cal. RTC § 5145

California Statutes

(

a) Notwithstanding the fact that all taxes on property have not been paid in full, the owner of that property may bring an action under

Section at any time within six months after the rejection of a claim for the first installment under an installment plan of redemption pursuant to

Article 2 (commencing with

Section 4216) of

Chapter of

Part 7, if the following requirements are satisfied:

(1) The first installment payment is made within six months of the delinquency of the taxes being paid by installments.

(2) If the balance of the unpaid tax liability remaining after the first installment payment has been made, plus penalties and interest thereon to the date of filing the actions, exceeds 66 2 percent of the full value of the property on which the taxes are a lien, as of the last equalized assessment roll, the taxpayer shall post a bond with the county tax collector in a sum equal to that excess or, in the alternative, pledge other property with the county tax collector in that amount as security.

The requirement for a bond or additional security specified in this paragraph shall terminate when the balance of unpaid tax liability remaining after a subsequent installment payment, plus penalties and interest thereon to the date of such subsequent installment payment, no longer exceeds 66 2 percent of the full value of the property on which the taxes are a lien, as of the last equalized assessment roll.

However, a new bond shall be posted or property pledged if, during the pendency of the action, the balance of unpaid tax liability, plus penalties and interest thereon, again exceeds 66 2 percent of the full value. (

b) The right to maintain an action under this

section shall terminate if there is a default of any obligation by the owner in the installment plan of redemption on the property. (

c) If the owner does not recover the amount of taxes in dispute in an action brought under this section, he or she shall pay additional interest to the county or city equal to the difference between the interest he or she has paid under

Article 2 (commencing with

Section 4216) of

Chapter of Part and the amount of interest the county or city would have earned on the funds in the impound account on the entire amount of tax determined by the court to be due, if the amount had been paid in equal installments on the tax delinquency dates.

Document details

CollectionCalifornia Statutes
CitationCal. RTC § 5145
Date1983-09-30
Typestatute
Languageen
SourceCA_STAT
IdentifierRTC5145.1983128134