Sen. Steve Knight
[George Runner] – BOE Member George Runner announced Monday he is sponsoring legislation to extend common sense protections to taxpayers. Two identical measures, AB 2510 (Wagner) and SB 1327 (Knight), would require the state to provide a full refund to all individuals who paid a tax later declared unconstitutional or illegal.
The bills would apply to state taxes and fees paid by both businesses and individuals, including the controversial Fire Prevention Fee. Even if a class action lawsuit challenging the fire fee is successful, under current law only taxpayers who filed appeals within 30 days of the date on their bills would be eligible for refunds.
“It is criminal that the State of California can keep money it illegally collects from its citizens,” said George Runner of the state Board of Equalization. “Anyone who in good faith pays what ends up being an illegal tax should get their money back. It’s as simple as that.”
George Runner
Currently, taxpayers are only eligible to receive refunds if they have exhausted all their administrative appeals remedies, even if the tax they paid is later declared illegal or unconstitutional. AB 2510 and SB 1327 would require the state to automatically issue refunds to taxpayers whose information is up to date. It would also open up an additional appeals period of one year after a state tax is declared illegal or unconstitutional, giving taxpayers a chance to apply for the refunds they deserve.
Sen. Steve Knight said: “When government makes a mistake, they need to do the right thing. This bill would return illegally collected taxes to the taxpayers … it’s just common sense.”
“When California taxpayers have been illegally forced to pay a tax, it should not be their responsibility to fill out paperwork that they may or may not know exists, in order to recoup this money. The State needs to reimburse the taxpayers as quickly and painlessly as possible – it is not our money,” said Assemblyman Donald Wagner, R-Irvine.
Knight, R-Antelope Valley, represents about half of the Santa Clarita Valley in the state Senate. Runner represents the Santa Clarita Valley and about 9 million other Californians on the Board of Equalization.
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16 Comments
And when I called the office to find out what the bill was all about they were rude! We paid it ofcourse.
And when I called the office to find out what the bill was all about they were rude! We paid it ofcourse.
I live on a paved street with fire hydrants every 1/10 of a mile. I am also within rapid response distance of 5 fire stations. And yet, I am supposed to / have to pay a fire tax. This is wrong.
I also live on a paved street with regularly spaced hydrants and pay my local fire department, which is within 5 miles of me, on my property taxes yearly. Cal Fire does not even come into my neighborhood. Yet my incorporated neighbors in the same valley less than 10 miles away do not pay.
we have requested for refund.but BOE is still sending us bill to pay again.We have residential and business property. They are keep sending us every week. Can they enforce it by taking money from our account,lien and other measures that BOE normally is good at? Please give us some information or lead. we are totally against this. I thing fire fighter are the lazyest govet. worker with highest pay.If they get out of their toosy us and clear section by section by section of ca. we will not have big fire and uncontrol brush fire.
I live in a rain forest of redwoods. It is always wet here and yet I also receive this illegal tax. Cal Fire isn’t even in our town for ten months out of the year.
I live in a gated community with approx. 1200 residences. We follow all CDF requirements,County requirements & we go one step further and require all lots to be mowed weather the have structures or not. We also have a hydrant system and a volunteer fire dept. ACROSS THE STREET FROM MY HOUSE! Yet I was denied on my petition. I do take umbrage to what bijan hakimian said about fire personnel. These people risk life and limb daily to keep you safe. Try doing their job if you think they just sit around all day. they are always are looking for volunteers, maybe it will open your eyes!! By the way MOST CDF field personnel that I have spoken to hate this TAX (fee)just as much as you and I do
I live on a paved road, across the way from the county fire station, in the oil fields where over the past few years over a thousand new wells have been drilled, pipelines laid, and all vegetation gone. Air quality board told me it would be reseeded after the oil companies were done on the leases. . . 30 to 40 years from now. Dusty as hell but I believe nonflamable.
I sold and moved on 10-25-12, now they are coming after me for fee, but I do not own property? This is wrong.
I can top that. I sold my property and it closed on 7-12-13. I just paid the bill for for 7-1-13 to 6-30-14. I was told whoever owns it on 7-1 pays for the entire year. No exceptions. I’m so glad we took our money and left Taxifornia. Good luck to those of you left behind in the Peoples Republic.
My son works hard and long for Cal-fire
and says this tax does not benefit him in any
way, he is also against it!
Gov. Brown signed this “tax” into law, so he is the owner. Kamala Harris (Attorney General) continues to delay action regarding the deletion of this tax. Perhaps folks should consider their votes when re-election time rolls around.
I live 1/2 mile from a cal fire station AND have a 2000 gal. water tank for fire AND clear 100 ft. around all structures on my propery and I still have to pay this @#$%^&* tax. they should have to pay this back without any paperwork to be filled out by the people tht payed it!
Most of you are missing the point. Your individual environmental situations are not relevant. What is relevant is that the “fee” has been assessed by edict. The assessment was not created in compliance with Prop 13 or Prop 218.
Further if you don’t appeal within 30 days you can never be reimbursed if and when the fee is determined to be illegal.
If the Knight/Wagner bills sponsored by Runner are passed, then if the fee is ever determined to be illegal, we can all get reimbursed.
This (probably) illegal tax levied by our “governor” should be repealed ALL money paid by taxpayers returned with interest AND Mr. Brown should have a stiff kick in the behind when re-election time comes!
I will refuse payment in 2015, and I suggest we all take half of the fee to a lobby group or a lawyer to prove this is not a constitutional fee it needs to go through State Congress as a tax, for me as I am supported by a local fire district which I pay a tax to, so as I stated I will not pay next year WHO DO I SEND 1/2 of the fee to fight this!!!!! I will also let my vote speak for me in the up coming elections