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The Assessment Appeals Board
hears appeals from taxpayers on property assessments.
This Board is governed by the rules and regulations of the Board of Equalization
and Property Tax Laws of the State of California.
HOW TO APPEAL
Discuss Your Application with the Assessor's Office
Prior to filing your
appeal you are urged to discuss the basis of your assessment with the Assessor's
staff. If you do not agree as to the taxable value, you may file an "Application for Changed Assessment".
After filing within the deadline you may still attempt to reach agreement with the Assessor
anytime up to the date set for the Assessment Appeals Board hearing.
Complete an Application
The required form to appeal an assessment can be requested by contacting the Assessment Appeals
Board office at (415) 499-7345. Please leave your name, mailing address
and telephone number to receive an Application for Changed Assessment form.
You may pick up a form by going to the Assessment Appeals Board office located
at the Marin County Civic Center, Room 329, San Rafael California. The Assessment
Appeals Board office is closed weekends and holidays.
The State Board of Equalization has prepared a pamphlet to assist you in completing the Application for
Changed Assessment form. You may download a copy of
Publication 30,
Residential Property Assessment Appeals, at
http://www.boe.ca.gov/proptaxes/pubcont.htm
or contact the clerk of the Assessment Appeals Board office for a copy.
Return Application by the Deadline
Applications for changed assessments for the regular assessment period must be filed
between July 2 and November 30 of each
year by 5:00 p.m. Assessment changes made outside of the
regular assessment period; i.e., supplemental, roll change, escape, must
be filed no later than 60 days after the date of mailing of the tax bill
(California Revenue and Taxation Code, Section 1605 (c), and as adopted
by the County Board of Supervisors, Resolution 91-204.)
APPLICATIONS CANNOT BE ACCEPTED UNLESS FILED ON TIME.
An Application for Changed
Assessment which does not state the Applicant's Opinion of Taxable Value
(market value) is not valid and cannot be acted upon by the Assessment Appeals Board.
Filing an application
for reduced assessment does not relieve the Applicant from the obligation
to pay the taxes on the subject property on or before the applicable due
date shown on the tax bill. If a reduction is granted, a proportionate refund
of taxes paid will be made by the County Auditor's office.
Based on the evidence,
the Assessment Appeals Board can increase as well as decrease an assessment.
The decision of the Board upon the application is final; the Board may not
reconsider or rehear any application. However, either the Applicant or the
Assessor may bring timely action in superior court for review of an adverse
decision.
RECEIVING NOTICE OF YOUR HEARING DATE
After filing an application
you will receive a Notice of Hearing by mail 45 days prior to the hearing.
The Applicant and/or the Assessor's request for postponement must be made
not later than 21 days before the hearing is scheduled to commence (Property
Tax Rule 323).
Hearings are open to
the public. Feel free to attend hearings of other cases so that you may
familiarize yourself with the procedures. You will be given a full opportunity
to present your case and to challenge the Assessor's case. The Board will
make every effort to see that all relevant evidence is considered.
Hearings are not reported by a stenographic reporter.
However, the Applicant at his or her expense may arrange to have the hearing reported by a stenographer.
If the Applicant desires the clerk to arrange for a stenographer, then the Applicant must request
the clerk to do so in writing at least 10 days prior to the date of the
hearing. Payment for the stenographer is the responsibility of the Applicant.
All hearings for the
Assessment Appeals Board are tape recorded. An Applicant may at his or her expense
request a copy or a transcript of the tape recording of the proceedings.
Any such request must be made no later than sixty (60) days following the
final decision by the Board. Upon receipt of a request for a copy or a transcript,
the clerk shall ascertain the approximate cost of preparing the copy or
transcript, and shall require the Applicant to deposit an amount equal to
the estimated cost of the preparation of the copy or transcript.
IF YOU FAIL TO APPEAR FOR YOUR SCHEDULED HEARING
By failing to appear at a scheduled hearing (which has not been postponed by the Board) your
application will be denied for lack of an appearance and you may refile an appeal of the base
year value during the next regular filing period in accordance with Revenue and Taxation Code section 80.
These are the general assessment appeal guidelines. Specific questions regarding the assessment
appeal process should be directed to the Assessment Appeals clerk at (415)
499-7345, the Assessor's office (415) 499-7215 or by consulting other professionals
in the field.
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