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California fire tax bills can be disputed, refunded

Aura Whittaker
Staff Writer
9/19/2012
 

  A bill passed along party lines by the Legislature and signed into law by Governor Jerry Brown in July 2011, established a new annual fire prevention fee for building owners within CalFire jurisdiction, known as the State Responsibility Area (SRA).

  The State Board of Equalization (BOE) began mailing the bills by county in alphabetical order in August and will continue through December or later. Residents in Plumas and Lassen counties can expect to receive bills shortly after the tentative mail date of Sept. 18.

  Nearly a million Californians are required to pay the annual tax of $150 per habitable structure located on privately owned property. Residents will eventually receive two bills this year — one for the 2011–2012 fiscal year, and one for the 2012-2013 fiscal year.

  The fee for each habitable building is $150; property owners with two habitable structures on their property, will pay $300. Each bill should show a $35 credit if you already pay a special tax or assessment to a local fire protection agency.

  SRA boundaries are those adopted by the Board of Forestry and Fire Protection in January 2011, and updated to reflect automatic changes as of July 1, 2011.

  They are the official boundaries recognized by the Board of Forestry and Fire Protection to define the areas of public and private land designated by the California Department of Forestry and Fire Protection (CDF) as areas where the state (CalFire) claims primary responsibility for the prevention and suppression of wildfires. Boundaries do not include land within city boundaries or under federal jurisdiction.

  If your property is located in an SRA, the new law requires you to pay the bill within 30 days otherwise a 20 percent penalty, plus interest, will be applied. Each 30 days thereafter, an additonal 20 percent, plus interest penalty, accrues.

  Because the fee is basically a lien on the property, failure to pay may eventually lead to foreclosure.

  Howard Jarvis Taxpayers Association (HJTA) at firetaxprotest.org, believes the fee is an illegal tax under Proposition 13.The organization is challenging the constitutionality of the new tax in court and,should it prevail, the court may decide to order refunds.

  According to HJTA, to qualify for a refund the bill must be paid bill and a Petition for Redetermination filed with the responsible agencies. For public convenience, the HJTA posted the form on its website with the grounds for challenging the fee already filled in.The second page of the form contains instructions for completing the form.

  HJTA recommends writing “under protest” on the notation line of your check when paying.

  The association also suggests making a copy of the check to enclose with petition as proof of payment.

  Although only one address appears at the bottom of the form, HJTA said state law actually requires submitting the form to three different addresses within 30 days of the date of the bill to the following organizations: (1) Fire Prevention Petitions, P.O. Box 2254, Suisun City, CA 94585; (2) Board of Forestry and Fire Protection, P.O. Box 944246, Sacramento, CA 94244; and (3) Board of Equalization, P.O. Box 942879, Sacramento, CA 94279.

  If a refund is owed, property owners must file a claim with the Board of Equalization for repayment. Either the property owner or CalFire may file the refund claim.

  For more information about the new fire fee, visit firepreventionfee.org. For more information about how to protest the tax, visit firetaxprotest.org.

 

Comments  

 
+4#1RE: California fire tax bills can be disputed, refundedcm2012-09-19 07:08
Official website for the Fire Prevention Fee:
www.firepreventionfee.org/
Quote| Report to administrator
 
 
+11#2MsJeanie Matthews2012-11-01 12:49
I dispute the Cal fee, my family has been on this pro for 30 without a fire. If CA needs to get out of debt stop giving illigals free money, food, medical. Another thing, couldn't they have billed us after the hollidays? there goes christmas!
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+1#3property boundriesSandra Anderson2012-11-08 16:21
I have a mobile home in the Vinton Trailor park & am being way over taxed for the meesley income & home I live in. How do I find out if I am located in or out of a boundery of an incorporated city? Thanks
Quote| Report to administrator
 
 
0#4Fire mapKevin2012-11-08 16:27
Sandra, here is a link to the fire map: www.FirePreventionFee.org/.../
Quote| Report to administrator
 
 
+2#5homeownerSheri Buckley2012-11-22 02:53
I have a local fire department . There is a NEW large fire hydrant less than 500 ft from my property. How did they even come up with the price??? I have a 1400 sq ft home on 2 acres and I have to pay as much as my neighbor that has a 3 year old 3800 sq ft home on 9 acres. What?
Quote| Report to administrator
 
 
+2#6Over taxed alreadyJ. P.2012-12-07 10:09
We already pay plenty of taxes on our property, these morron's need to cut back on their wasteful spending and not keep inventing new ways to tax everyone . Like cutting back on their over paying of government employee benefits and retirement packages.
Quote| Report to administrator
 
 
+2#7Brown taxbill barnes2012-12-10 17:35
More taxes under a different name , more money Jerry Brown will flush down the tubes. Brown is running more good people out of California, He's pulling the same stunts he did 30 + years ago. How soon we forget !
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+2#8Bottomless PitMary Lee2012-12-17 16:49
I love california but i am being forced out by excessive taxes and over regulation
and a goverment that can't keep its hands out of the cookie jar..... ( population pockets )
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