In this episode we discuss two recent California decisions, including a Court of Appeal decision concerning property tax escape assessments (Prang v. Los Angeles Cnty. Assessment Appeals Bd., Case No. B301194 (Cal. Ct. App. Aug. 27, 2020) and an Office of Tax Appeals decision concerning nexus for the state’s LLC tax. (In
The not so great escape: California limitation on retroactive property tax assessment did not apply where notice was not filed.
A California Court of Appeal found that because the taxpayer did not file proper notice with the California Board of Equalization (BOE), the limitation on the number of years the county assessor can levy retroactive escape assessments did not apply. The taxpayer’s 2006 merger constituted a change in ownership triggering reporting requirements to the BOE.
Oregon’s Taxation of Railroad’s Intangible Personal Property is Derailed by the 4-R Act
The U.S. Court of Appeals for the Ninth Circuit upheld a rail carrier’s authority to challenge the Oregon Department of Revenue’s taxation of its “accounting goodwill” pursuant to the federal Railroad Revitalization and Regulatory Reform Act, commonly referred to as the 4-R Act.
Oregon imposes tax on real and tangible personal property located in the
California Court Rules That Sale of Existing Leasehold Interest Not Subject to Documentary Transfer Tax
A California Court of Appeal held that San Francisco may not impose a documentary transfer tax on the value of an existing 41-year leasehold interest upon the sale of the underlying property because the leasehold interest does not constitute “realty sold”. The taxpayer owned a commercial building and agreed to lease the ground floor to
California State Board of Equalization Does Not Issue Guidance on Property Tax Disaster Relief for COVID-19
In a 3-2 split vote, the California State Board of Equalization (BOE) voted against issuing formal guidance to county assessors regarding mid-year re-assessments due to declines in value caused by the COVID-19 pandemic.
- Similar to a number of other states, California law provides valuation relief for property tax purposes due to calamities, emergencies, and disasters.
California Court Approves of Simple Majority Vote for Special Taxes Proposed by Voter Initiative
On May 11, a San Francisco trial court held that the California Constitution allows special local taxes proposed by voter initiative to be enacted with a simple majority vote, in contrast to the two-thirds vote required for special taxes proposed by local government. The ballot initiative in question imposed a $298 per parcel tax and
COVID-19 Property Tax Relief Opportunities
Learn how your company may benefit from special property tax relief provisions that may apply to disaster declarations concerning COVID-19 including:
- How to file claims
- The importance of statutes of limitations
- Quantifying damages
- Comparison with business interruption insurance claims
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Webcast: COVID-19 Property Tax Relief Opportunities – April 20 at 2 PM ET
A number of states provide immediate valuation relief for calamities and disasters. Learn how those special property tax relief provisions may apply to the disaster declarations concerning COVID-19 and how your company may benefit from those provisions.
Join Doug Mo, Eric Tresh and Fred Nicely from the Council On State Taxation (COST) on Monday, April
California Property Tax Update – A Tale of Three Counties
On April 3, the San Francisco Treasurer issued a statement extending the property tax deadline from April 10 to May 4. The authority for the extension stems from the County Board of Supervisors adopting a resolution to close its tax collector’s office until May 3. Taxpayers unable to pay San Francisco property taxes by May
Federal Seventh Circuit Finds No “Plain, Speedy or Efficient Remedy”, Allows Taxpayers’ Suit to Proceed in Federal Court over County’s TIA Objections
After nearly a decade of stalled litigation in Illinois state court, the U.S. Court of Appeals for the Seventh Circuit permitted a group of taxpayers to proceed in federal court with their U.S. constitutional challenge to property tax assessments, over Tax Injunction Act and comity objections by Cook County. While the district court held that