Section 305.5 - Base Year Value Presumption(a) The appeals board decision that the full cash value, as defined in section 110 of the Revenue and Taxation Code, is lower than the adjusted base year value (the base year value adjusted to reflect inflation as prescribed by section 110.1, subdivision (f), of the Revenue and Taxation Code) will not establish a new base year value, unless the base year value is the subject of the appeal.(b) Any base year value determined by a local board of equalization, an assessment appeals board, or by a court for any 1975 assessment shall be conclusively presumed to be the base year value for the property assessed.(c) The full cash value determined for property that is purchased, is newly constructed, or changes ownership after the 1975 lien date, shall be conclusively presumed to be the base year value, unless an application for equalization is filed: (1) Within the time period specified in section 1605 of the Revenue and Taxation Code following a determination of new construction or change in ownership;(2) During the regular equalization period provided for in section 1603 of the Revenue and Taxation Code for the year in which the assessment is placed on the assessment roll, or is filed during the regular equalization period in any of the three succeeding years. Any determination of full cash value by a local board of equalization, an assessment appeals board, or by a court of law resulting from such filing shall be conclusively presumed to be the base year value beginning with the lien date of the assessment year in which the appeal is filed; or(3) At any time after the time period specified in (1) or (2) if the applicant claims that an erroneous change in ownership determination occurred.(d) Any base year value determined pursuant to section 51.5 of the Revenue and Taxation Code shall be conclusively presumed to be the base year value unless an application is filed during the regular equalization period in the year in which the error was corrected or during the regular equalization period in any of the three succeeding years. Once an application is filed, the base year value determined pursuant to that application shall be conclusively presumed to be the base year value for that assessment event.(e) An application for equalization made pursuant to sections 1603 or 1605 of the Revenue and Taxation Code, when determined, shall be conclusively presumed to be the base year value for that assessment event.Cal. Code Regs. Tit. 18, § 305.5
1. Amendment of subsection (e) filed 5-11-71; effective thirtieth day thereafter (Register 71, No. 20). For prior history, see Register 70, No. 19.
2. Amendment filed 4-14-72; effective thirtieth day thereafter (Register 72, No. 16).
3. Amendment of subsection (f) filed 12-26-75; effective thirtieth day thereafter (Register 75, No. 52).
4. Amendment filed 10-20-80; effective thirtieth day thereafter (Register 80, No. 43).
5. Editorial correction of NOTE filed 4-1-83 (Register83, No. 14).
6. Amendment of section and NOTE filed 3-23-2000; operative 4-22-2000 (Register 2000, No. 12). Note: Authority cited: Section 15606, Government Code. Reference: Sections 80, 81, 110.1, 1603 and 1605, Revenue and Taxation Code.
1. Amendment of subsection (e) filed 5-11-71; effective thirtieth day thereafter (Register 71, No. 20). For prior history, see Register 70, No. 19.
2. Amendment filed 4-14-72; effective thirtieth day thereafter (Register 72, No. 16).
3. Amendment of subsection (f) filed 12-26-75; effective thirtieth day thereafter (Register 75, No. 52).
4. Amendment filed 10-20-80; effective thirtieth day thereafter (Register 80, No. 43).
5. Editorial correction of NOTE filed 4-1-83 (Register83, No. 14).
6. Amendment of section and Note filed 3-23-2000; operative 4-22-2000 (Register 2000, No. 12).