Laws, Regulations & Annotations

D

360.0000 DISASTER RELIEF

Annotation 360.0010

360.0010 Calculation of Taxes During Reconstruction. In each year of reconstruction, the amount of the initial reduction in base year value should be multiplied by an estimated percentage of restoration to determine the amount of taxable value, and an inflation factor should be applied to all interim values enrolled for years subsequent to the year of last enrollment prior to the calamity.

When a calamity occurs prior to the lien date, Revenue and Taxation Code section 170(e) directs the assessor to prorate the tax liability of the property in its undamaged condition on the basis of the fraction of the year prior to the month that the calamity occurs. The tax liability in the damaged condition is prorated in proportion to the fraction of the fiscal year that is remaining including the month of the calamity. There is no provision in this case for excluding the portion of the fiscal year remaining after the property is restored.

When a calamity occurs after the lien date, a similar proration is made for the current fiscal year. In addition, if the property is completely restored in the next fiscal year, a proration is made based upon the relationship of the portion of the fiscal year prior to and including the month of rehabilitation and the remainder of the fiscal year. LTA 1/26/1982 (No. 82/12).