Audit Program Resources

The following resources provide information and guidance on the Audit Program Survey Topic.

Revenue and Taxation Code

Section Title
401-409 General Requirements
441-470 Information From Taxpayer
501-506 Arbitrary and Penal Assessments
531-538 Property Escaping Assessment
4831-4842 Corrections - Generally

Property Tax Rules

The BOE is mandated to prescribe rules and regulations to govern local boards of equalization when equalizing and Assessors when assessing in compliance with the rulemaking procedures adopted by the California Office of Administrative Law. Pursuant to that mandate, the BOE has adopted various Property Tax Rules which are contained in Title 18 of the California Code of Regulations.

The following Property Tax Rules pertain to the audit program.

Rule Title
191 Property Tax Audits, General
192 Audit Selection
193 Scope of Audit
305.3 Application for Equalization Under Revenue and Taxation Code Section 469
1045 Administration of the Annual Racehorse Tax

Assessors' Handbook (AH)

The AH is a series of manuals developed by the staff of the Board of Equalization (BOE) in an open process. The objective of the AH is to give Assessors, their staff, and other interested parties an understanding of the principles of property assessment and real and personal property appraisal for property tax purposes. Additionally, the AH presents the BOE staff's interpretation of rules, laws, and court decisions on property assessment.

In attempting to relate the advice or guidance provided in the AH, care must be taken to ensure that the advice has not been superseded by subsequent legislative or administrative action, court decisions, or reconsideration of staff's position. Following advice provided in the AH is not reasonable reliance upon written advice for purpose of obtaining relief from a failure to pay tax, interest, and/or penalty. In any instance where there is an inconsistency between a statute or regulation and an AH section, statutory or regulatory law is controlling.

The following AH section pertains to procedural issues involving the audit program.

Section Title
506 Property Tax Audits and Audit Program

Letters To Assessors (LTAs)

LTAs provide an ongoing advisory service for Assessors and other interested parties. The letters present BOE staff's interpretation of rules, laws, and court decisions on property tax assessment.

The following LTAs pertain to procedural issues involving the audit program.

Letter to Assessor Title
78/140 Mandatory Audits: Out-of-State Travel
84/38 Assessment Appeals After Audit
86/62 Handling of Overassessments Discovered by Audit of Nonmandatory Accounts
2001/031 Decision in Heavenly Valley v. El Dorado County Is Now Final
2003/066 Submittal for Approval of Notice of Enrollment of Escape Assessment and Notice of Supplemental Assessment; Approval of Roll Forms
2005/022 Property Tax Rule 1045, Administration of the Annual Racehorse Tax
2005/023 Property Tax Rule 305.3, Application for Equalization Under Revenue and Taxation Code Section 469
2008/059 Business Property Audits
2009/003 Business Property Audits – Audit Selection
2009/013 Business Property Audits – Significant Number of Audits
2009/049 Significant Number of Business Property Audits
2010/026 Property Tax Rules 192, 193, and 371
2010/030 Guidelines for Substantiating Additional Obsolescence for Personal Property and Fixtures
2018/055 Exchange of Property Records and Information
2018/067 Business Property Audits
2020/024 Suspension of Penalties Under Revenue and Taxation Code Section 441(b) and Section 463(a) until May 31, 2020
2020/028 Request for Information Pursuant to Revenue and Taxation Code Section 441

Annotated legal opinions are summaries of the conclusions reached in selected legal rulings of California State Board of Equalization counsel.

The following legal opinions pertain to questions involving the audit program.

Annotated Legal Opinion Title
180.0024 Appeal After Audit
180.0025 Property Tax Audits and Audit Program
180.0086 Material Value
195.0010 Notice of Overassessment
580.0000 et seq. Mandatory Audits
720.0005 Audits