Cal. Rev. & Tax. Code § 20811

Current through the 2023 Legislative Session.
Section 20811 - Application; claimant eligible
(a) A claimant shall use the application form of a county to initiate participation in the program pursuant to Section 20810.
(b) Upon a participating county's receipt of a claim for property tax deferment under the program, submitted within the filing period specified in Section 20812, the county treasurer or county tax collector shall review the claimant's application for program eligibility, consistent with the requirements specified in Section 20802.
(c) If the claimant is eligible to participate in the program, and if there are sufficient funds within the county's Property Tax Deferral Fund, established pursuant to Section 20822, to defer property taxes on the claimant's residential dwelling for that fiscal year, the county treasurer or county tax collector, may do all of the following:
(1) Defer the property taxes due on the claimant's residential dwelling and owing for that fiscal year.
(2) Issue a subvention payment, equivalent to the amount of the deferred property taxes, from the county's Property Tax Deferral Fund to the county to be processed in the same manner as all other property tax payments.
(3) Direct the county auditor to apportion that subvention payment in the same manner as if the property taxes had been paid.
(4) Provide a letter or other written confirmation to the claimant, noting the relevant fiscal year of participation, for use as written confirmation of program participation.
(d) If the claimant's property taxes are deferred under the program, the participating county shall not charge the claimant any penalties, or undertake any collections actions with respect to taxes deferred under this chapter.
(e)
(1) The amount of property taxes deferred, plus any interest accrued thereon, shall be secured by a judgment lien, against the claimant's residential dwelling for which the property taxes are deferred.
(2) In the case of a residential dwelling that is part of a larger parcel taxed as a unit, including, but not limited to, a duplex, farm, or multidwelling or multipurpose building, the lien shall be against the entire tax parcel.
(f) The lien shall be evidenced by a notice of lien for deferred property taxes executed by the county, and shall secure all sums deferred and owing under this chapter, including amounts deferred subsequent to the initial deferment. The notice of lien shall include, but not be limited to, all of the following:
(1) The names of all record owners of the real property for which the county has deferred property taxes under the program.
(2) A description of the real property for which property taxes have been deferred.
(g) The county recorder shall index the lien according to the names of each record owner and the county.

Ca. Rev. and Tax. Code § 20811

Added by Stats 2011 ch 369 (AB 1090),s 3, eff. 1/1/2012.