2501. Taxes shall be paid only in the mediums permitted by this
chapter.
2502. Taxes may be paid in legal tender or in money receivable in
payment of taxes by the United States. The tax collector shall have
the right to refuse the payment in coins of property taxes, penalties
and interest, and any other charges associated with the payment of
property taxes.
2503. A tax levied for a special purpose shall be paid in such
funds as may be directed.
2503.1. As used in this division, "electronic funds transfer" means
any transfer of funds, other than a transaction originated by check,
draft, or similar paper instrument, which is initiated through an
electronic terminal, telephonic instrument, or computer or magnetic
tape so as to order, instruct, or authorize a financial institution
to credit or debit an account.
2503.2. (a) The tax collector for any city, county, or city and
county may, in his or her discretion, accept electronic funds
transfers in payment for a purchase at a tax sale, of any tax,
assessment, or on a redemption.
(b) The tax collector for any city, county, or city and county
may, in his or her discretion, require any taxpayer, or any paying
agent of a taxpayer or taxpayers, who makes an aggregate payment of
fifty thousand dollars ($50,000) or more on the two most recent
regular installments on the secured roll or on the one installment of
the most recent unsecured tax roll, to make subsequent payments by
electronic funds transfer.
(c) Any taxpayer or paying agent making payment by electronic
funds transfer shall provide any supporting documentation and
electronic information as requested by the tax collector. An
electronic funds transfer made pursuant to this section shall be made
to the bank account designated by the tax collector.
(d) Any costs incurred by the tax collector as a result of the
acceptance of electronic funds transfers pursuant to this section
shall be considered administrative costs of tax collection, except
that if for any reason the electronic funds transfer is not
completed, those costs shall be recovered as provided in subdivision
(g).
(e) The acceptance of an electronic funds transfer shall
constitute payment of a tax, assessment, or redemption as of the date
of acceptance when, but not before, the transfer has been completed.
An electronic funds transfer is completed by acceptance by the bank
designated by the tax collector of the payment specified by the
originator's payment order.
(f) If an electronic funds transfer is not accepted for any
reason, any record of payment entered on any official record
indicating the acceptance of that transfer shall be canceled, and the
tax or assessment shall be a lien as if no payment has been
attempted. When a cancellation of a record of payment is made, the
canceling officer shall record the cancellation on the record that
contained the notation of payment, and immediately shall cause a
written notice of cancellation to be sent to the person attempting
the electronic funds transfer.
(g) Upon notice of nonacceptance of an electronic funds transfer,
the tax collector may charge the person who attempted the electronic
funds transfer a fee not to exceed the costs of processing the
transfer, providing notice of nonacceptance to that person, and
making required cancellations on the tax roll. The amount of any fee
charged pursuant to this subdivision shall be set by the governing
body of the relevant city, county, or city and county, and may be
added to the tax bill and collected in the same manner as costs
recovered pursuant to Section 2621.
2504. As used in this division, "negotiable paper" means checks,
drafts, and money orders.
2505. (a) Except as provided in subdivision (b), the tax collector
or treasurer for any city or county may in his or her discretion
accept negotiable paper in payment of any tax, or assessment, or on a
redemption.
(b) The tax collector of a county shall accept a certificate of
eligibility to pay all or any part of any ad valorem property tax,
special assessment, or other charge or user fee appearing on the
county tax bill. The tax collector, treasurer, or other official
charged with the duty of collecting taxes for a chartered city which
levies and collects its own property taxes shall accept a certificate
of eligibility to pay all or any part of any ad valorem property
tax, special assessment, or other charge or user fee appearing on the
tax bill of such city. A certificate for partial payment shall not
be accepted unless accompanied by an amount sufficient to fully pay
the remaining ad valorem property taxes, special assessment, or other
charge or fee appearing on the respective tax bill installment.
(c) Except as provided in Chapter 2 (commencing with Section
20581), Chapter 3. 3 (commencing with Section 20639), Chapter 3.5
(commencing with Section 20640), or Chapter 4 (commencing with
Section 20641) of Part 10.5 of Division 2, a certificate of
eligibility shall not be used to pay any delinquent taxes,
assessments, penalties, costs, fees, or interest, or any redemption
charges.
(d) For the 1978-79 fiscal year and thereafter, except as to those
amounts which can be paid by a certificate pursuant to subdivision
(c), the tax collector shall not accept a certificate of eligibility
to pay all or part of any installment if tendered after the
delinquency date thereof, unless accompanied by an amount sufficient
to fully pay any delinquent taxes, assessments, costs, penalties,
interest, fees or other charges resulting from the delinquency or
delinquencies.
(e) In no event shall a certificate of eligibility be accepted
later than the expiration date designated thereon.
2506. The acceptance of negotiable paper constitutes a payment of a
tax, assessment, or redemption as of the date of acceptance when,
but not before, the negotiable paper is duly paid.
2507. The officer accepting negotiable paper may deposit it daily
with a bank for collection and receive from the bank cashier's checks
in an amount equal to the total deposits. The cashier's checks shall
be deposited in the county treasury like cash received for the same
purpose. The officer accepting negotiable paper may at his option
deposit such negotiable paper daily in the county treasury instead of
in a bank; and the county treasurer shall handle such negotiable
paper like any other negotiable paper accepted by him.
2508. If any negotiable paper is returned unpaid to the bank with
which it was deposited pursuant to any requirement of this division,
the bank shall return it to the officer who deposited it and, if its
amount has been included in any cashier's check given by the bank,
the bank is entitled to a refund in the amount of the unpaid
negotiable paper. Any negotiable paper redeemed by or charged back to
the county treasurer by reason of nonpayment shall be returned to
the officer who deposited it in exchange for currency or other
negotiable paper or for the warrant of the county auditor drawn on
the fund into which the original deposit was made.
2509. If any negotiable paper is not paid on due presentment for
any reason, any record of payment made on any official record because
of its acceptance shall be canceled, and the tax or assessment is a
lien as though no payment has been attempted.
The officer accepting negotiable paper shall make any memoranda
necessary to enable him to make proper cancellation on its return
without payment.
2509.1. Notwithstanding any other provision of law, after the
return to the depositing county officer of any unpaid negotiable
paper, the tax collector may charge the person who attempted payment
through the unpaid negotiable paper a fee not to exceed the cost of
making required notifications to the person, processing the returned
unpaid negotiable paper, and making the required cancellations on the
tax roll. The fee amount shall be set by the board of supervisors
and be subject to the fee review procedures required by Section 54986
of the Government Code. The fee may be added to the tax bill and
collected in the same manner as costs recovered under Section 2621.
2510. When a cancellation is made, the officer making it shall
record it on the record where the notation of payment was made. He
shall immediately send a notice to the person who attempted payment
by the negotiable paper of the cancellation of the payment.
The validity of any tax, assessment, or penalty is not affected by
failure or irregularity in giving the notice.
2511. By resolution of the board of supervisors passed by a
four-fifths vote, any county warrant for a particular fiscal year may
be received in payment of taxes for the same fiscal year levied by
the county issuing the warrants if the amount of the warrant does not
exceed the amount of taxes being paid. If registered, warrants shall
be received only in the order of registration.
2511.1. (a) As used in this section:
(1) "Credit card" means any card, plate, coupon book, or other
credit device existing for the purpose of being used from time to
time upon presentation to obtain money, property, labor, or services
on credit.
(2) "Card issuer" means any person who issues a credit card and
purchases credit card drafts, or the agent for those purposes with
respect to a credit card.
(3) "Cardholder" means any person to whom a credit card is issued
or any person who has agreed with the card issuer to pay obligations
arising from the issuance of a credit card to another person.
(4) "Draft purchaser" means any person who purchases credit card
drafts.
(b) The board of supervisors may authorize the acceptance of a
credit card for payment of property taxes. Following an authorization
pursuant to the preceding sentence, the county shall, upon approval
of the board of supervisors, execute a contract with one or more
credit card issuers or draft purchasers. The contract shall provide
for all of the following:
(1) The respective rights and duties of the county, and card
issuers and draft purchasers regarding the presentment,
acceptability, and payment of credit card drafts.
(2) The establishment of a reasonable means by which to facilitate
payment settlements.
(3) The payment to the card issuer or draft purchaser of a
reasonable fee or discount.
(4) Other matters appropriately included in contracts with respect
to the purchase of credit card drafts as may be agreed upon by the
parties to the contract.
(c) The honoring of a credit card pursuant to subdivision (b)
shall constitute payment of the tax as of the date the credit card is
honored, provided the credit card draft is paid following its due
presentment to a card issuer or draft purchaser.
(d) The county may impose a fee for the use of a credit card
sufficient in amount to provide for the recovery of fees or discounts
paid by the county under paragraph (3) of subdivision (b) and all
other costs incurred by the county in providing for payment by
credit. Fees imposed under this subdivision shall be approved by the
board of supervisors.
(e) If any credit card draft is not paid following due presentment
to a card issuer or draft purchaser or is charged back to the county
for any reason, any record of payment made shall be null and void.
Any receipt issued in acknowledgment of payment shall also be null
and void. The obligation of the cardholder shall continue as an
outstanding obligation as though no payment had been attempted.
(f) Upon notice of nonpayment of the credit card draft, the tax
collector may charge the person who attempted the payment a fee not
to exceed the costs of processing the draft, providing notice of
nonpayment to that person, and making required cancellations on the
tax roll. The amount of the fee shall be set by the board of
supervisors pursuant to Section 54986 of the Government Code, and may
be added to the tax bill and collected in the same manner as costs
recovered pursuant to Section 2621. Fees imposed under this
subdivision shall be approved by the board of supervisors.
2512. (a) If a remittance to cover a payment required by law to be
made to a taxing agency prior to a specified date and hour is (a)
deposited in the United States mail in a sealed envelope, properly
addressed with the required postage prepaid, or (b) deposited for
shipment with an independent delivery service that is an Internal
Revenue Service designated delivery service or has been approved by
the tax collector, in a sealed envelope or package, properly
addressed with the required fee prepaid, delivery of which shall not
be later than 5 p.m. on the next business day after the effective
delinquent date, the remittance shall be deemed received on the date
shown by the post office cancellation mark stamped upon the envelope
containing the remittance, or the independent delivery service
shipment date shown on the packing slip or air bill attached to the
outside of the envelope or package containing the remittance, or on
the date it was mailed if proof satisfactory to the tax collector
establishes that the mailing occurred on an earlier date. The taxing
agency is not required to accept a payment actually received in the
mail if it is received more than 30 days after the date and time set
by law for the payment.
(b) If a remittance to cover a payment, required by law to be made
to a taxing agency prior to a specified date and hour, is made by an
electronic payment option, such as wire transfer, telephoned credit
card, or electronic Internet means, the remittance shall be deemed
received on the date the transaction was completed by the taxpayer,
if the remittance was made on the taxing agency's authorized Internet
Web site or via the taxing agency's authorized telephone number.
Proof of completion of the transaction in the form of a confirmation
number or other convincing evidence shall be presented by the
taxpayer to the satisfaction of the tax collector. This subdivision
does not apply to payments by electronic fund transfer as provided in
Sections 2503.1 and 2503.2.
(c) This section does not, for purposes of applying subdivision
(a) of Section 3707, apply to a remittance sent by mail, by
independent delivery service, or by electronic payment option for the
redemption of tax-defaulted property.
2513. If an application, tax statement or claim for credit or
refund required by law to be filed with a taxing agency on or before
a specified date is filed with the taxing agency through the United
States mail, properly addressed with the required postage prepaid, it
shall be deemed filed on the date shown by the post office
cancellation mark stamped on the envelope containing it, or on the
date it was mailed if proof satisfactory to the tax collector
establishes that the mailing occurred on an earlier date.
If an application, tax statement or claim for credit or refund
required by law to be filed with the taxing agency on or before a
specified time on a specified date is sent through the United States
mail, properly addressed with the required postage prepaid, and the
cancellation mark is placed on the envelope after it is deposited in
the mail:
(a) Where the cancellation mark shows both date and time, the
application, tax statement or claim for credit or refund shall be
deemed filed on the date shown by the cancellation mark and by the
time specified by law for that date.
(b) Where the cancellation mark shows only the date, the
application, tax statement or claim for credit or refund shall be
deemed filed within the time and date specified when the cancellation
mark bears a date on or before the specified date of filing.
2514. (a) Upon receipt of a certificate of eligibility described in
Section 20602, Section 20639.6, or Section 20640.6 signed by the
claimant, the claimant's spouse, or authorized agent appointed under
regulations adopted by the Controller pursuant to Section 20603 or
Section 20640.7, the tax collector shall ascertain whether the amount
of money entered on the certificate by such claimant or agent, when
added to other amounts available for such purpose, are sufficient to
pay the amount due and owing.
If such is the case, the tax collector or his or her designee
shall countersign the certificate and mark the tax paid. Once signed
and countersigned, a certificate of eligibility shall be deemed a
negotiable instrument for purposes of all laws of this state, as
specified in subdivision (d) of Section 20602. Upon acceptance of
such a certificate:
(1) The tax collector shall enter the fact that taxes on the
property have been postponed in appropriate columns on the roll. In
the case of the secured roll, this information may be entered in that
portion of the roll which has been designated for tax default
information required by Section 3439.
(2) In the case of a certificate of eligibility issued pursuant to
Section 20602, the tax collector shall determine if the property
described in the certificate of eligibility is subject to a lien
recorded pursuant to Section 16182 of the Government Code. If the
property is not subject to such a lien, the tax collector shall enter
the amount paid by use of the certificate, the date of such payment,
the Controller's identification number shown on the certificate of
eligibility, the address of the property covered by the certificate,
and the name of the claimant as shown on the certificate on a "notice
of lien for postponed property taxes" form which shall be provided
by the Controller. The tax collector shall thereafter forward such
notice of lien form to the assessor.
(3) With respect to a claimant whose property taxes are paid by a
lender from an impound, trust, or other type of account described in
Section 2954 of the Civil Code, the tax collector shall notify the
auditor of the claimant's name and address, and the amount of money
entered on the certificate.
The auditor, treasurer, or disbursing officer shall send a check
in the amount of money entered on the certificate to said claimant
within 30 days following the date on which the installment is paid by
the lender or the certificate of eligibility is received from the
claimant, whichever is later.
(b) The procedures established by this chapter shall not be
construed to require a lender to alter the manner in which a lender
makes payment of the property taxes of such claimant.
(c) Notwithstanding any other provision in this section, any
action required of a local agency by this section in order to give
effect to the Senior Citizens Mobilehome Property Tax Postponement
Law (Chapter 3.3 (commencing with Section 20639) of Part 10.5 of
Division 2, and that has been determined by the Commission on State
Mandates to be a reimbursable mandate, shall be optional.
2515. (a) Upon receipt of a "notice of lien for postponed property
taxes" from the tax collector, the assessor shall immediately:
(1) Enter, on the notice of lien, a description of the real
property for which the taxes have been paid by use of a certificate
of eligibility pursuant to Section 2514. Such description shall be a
"metes and bounds," "lot-block-tract," or such other description as
is determined by the Controller to sufficiently describe the real
property for the purpose of securing the state's lien.
(2) Enter on the notice of lien, the names of all record owners of
the property described under subdivision (a) of this section, as
disclosed by the assessor's records.
(3) Upon entry of the information required by subdivisions (a) and
(b) of this section on the notice of lien, the assessor shall
immediately forward the notice of lien to the county recorder.
(4) Enter on the assessment records applicable to such property,
the fact that the taxes on the property have been postponed and the
Controller's identification number, and shall, when such record
reveals a change in the ownership status of the property subsequent
to the date of entry of the postponement information thereon, notify
the Controller of such change in the ownership status in the manner
prescribed by the Controller.
(b) From the time of recordation of the notice of lien pursuant to
Section 16182 of the Government Code, the lien for postponed
property taxes shall be deemed to impart constructive notice of the
contents thereof to subsequent purchasers, mortgagees, lessees and
other lienors.
2516. Upon the failure of a transferee to file a change in
ownership statement required by Section 480, the assessor or the
auditor shall immediately enter on the assessment records applicable
to the real property, the fact that a penalty has been added to the
assessment roll and specify the date and amount thereof.
2501. Taxes shall be paid only in the mediums permitted by this
chapter.
2502. Taxes may be paid in legal tender or in money receivable in
payment of taxes by the United States. The tax collector shall have
the right to refuse the payment in coins of property taxes, penalties
and interest, and any other charges associated with the payment of
property taxes.
2503. A tax levied for a special purpose shall be paid in such
funds as may be directed.
2503.1. As used in this division, "electronic funds transfer" means
any transfer of funds, other than a transaction originated by check,
draft, or similar paper instrument, which is initiated through an
electronic terminal, telephonic instrument, or computer or magnetic
tape so as to order, instruct, or authorize a financial institution
to credit or debit an account.
2503.2. (a) The tax collector for any city, county, or city and
county may, in his or her discretion, accept electronic funds
transfers in payment for a purchase at a tax sale, of any tax,
assessment, or on a redemption.
(b) The tax collector for any city, county, or city and county
may, in his or her discretion, require any taxpayer, or any paying
agent of a taxpayer or taxpayers, who makes an aggregate payment of
fifty thousand dollars ($50,000) or more on the two most recent
regular installments on the secured roll or on the one installment of
the most recent unsecured tax roll, to make subsequent payments by
electronic funds transfer.
(c) Any taxpayer or paying agent making payment by electronic
funds transfer shall provide any supporting documentation and
electronic information as requested by the tax collector. An
electronic funds transfer made pursuant to this section shall be made
to the bank account designated by the tax collector.
(d) Any costs incurred by the tax collector as a result of the
acceptance of electronic funds transfers pursuant to this section
shall be considered administrative costs of tax collection, except
that if for any reason the electronic funds transfer is not
completed, those costs shall be recovered as provided in subdivision
(g).
(e) The acceptance of an electronic funds transfer shall
constitute payment of a tax, assessment, or redemption as of the date
of acceptance when, but not before, the transfer has been completed.
An electronic funds transfer is completed by acceptance by the bank
designated by the tax collector of the payment specified by the
originator's payment order.
(f) If an electronic funds transfer is not accepted for any
reason, any record of payment entered on any official record
indicating the acceptance of that transfer shall be canceled, and the
tax or assessment shall be a lien as if no payment has been
attempted. When a cancellation of a record of payment is made, the
canceling officer shall record the cancellation on the record that
contained the notation of payment, and immediately shall cause a
written notice of cancellation to be sent to the person attempting
the electronic funds transfer.
(g) Upon notice of nonacceptance of an electronic funds transfer,
the tax collector may charge the person who attempted the electronic
funds transfer a fee not to exceed the costs of processing the
transfer, providing notice of nonacceptance to that person, and
making required cancellations on the tax roll. The amount of any fee
charged pursuant to this subdivision shall be set by the governing
body of the relevant city, county, or city and county, and may be
added to the tax bill and collected in the same manner as costs
recovered pursuant to Section 2621.
2504. As used in this division, "negotiable paper" means checks,
drafts, and money orders.
2505. (a) Except as provided in subdivision (b), the tax collector
or treasurer for any city or county may in his or her discretion
accept negotiable paper in payment of any tax, or assessment, or on a
redemption.
(b) The tax collector of a county shall accept a certificate of
eligibility to pay all or any part of any ad valorem property tax,
special assessment, or other charge or user fee appearing on the
county tax bill. The tax collector, treasurer, or other official
charged with the duty of collecting taxes for a chartered city which
levies and collects its own property taxes shall accept a certificate
of eligibility to pay all or any part of any ad valorem property
tax, special assessment, or other charge or user fee appearing on the
tax bill of such city. A certificate for partial payment shall not
be accepted unless accompanied by an amount sufficient to fully pay
the remaining ad valorem property taxes, special assessment, or other
charge or fee appearing on the respective tax bill installment.
(c) Except as provided in Chapter 2 (commencing with Section
20581), Chapter 3. 3 (commencing with Section 20639), Chapter 3.5
(commencing with Section 20640), or Chapter 4 (commencing with
Section 20641) of Part 10.5 of Division 2, a certificate of
eligibility shall not be used to pay any delinquent taxes,
assessments, penalties, costs, fees, or interest, or any redemption
charges.
(d) For the 1978-79 fiscal year and thereafter, except as to those
amounts which can be paid by a certificate pursuant to subdivision
(c), the tax collector shall not accept a certificate of eligibility
to pay all or part of any installment if tendered after the
delinquency date thereof, unless accompanied by an amount sufficient
to fully pay any delinquent taxes, assessments, costs, penalties,
interest, fees or other charges resulting from the delinquency or
delinquencies.
(e) In no event shall a certificate of eligibility be accepted
later than the expiration date designated thereon.
2506. The acceptance of negotiable paper constitutes a payment of a
tax, assessment, or redemption as of the date of acceptance when,
but not before, the negotiable paper is duly paid.
2507. The officer accepting negotiable paper may deposit it daily
with a bank for collection and receive from the bank cashier's checks
in an amount equal to the total deposits. The cashier's checks shall
be deposited in the county treasury like cash received for the same
purpose. The officer accepting negotiable paper may at his option
deposit such negotiable paper daily in the county treasury instead of
in a bank; and the county treasurer shall handle such negotiable
paper like any other negotiable paper accepted by him.
2508. If any negotiable paper is returned unpaid to the bank with
which it was deposited pursuant to any requirement of this division,
the bank shall return it to the officer who deposited it and, if its
amount has been included in any cashier's check given by the bank,
the bank is entitled to a refund in the amount of the unpaid
negotiable paper. Any negotiable paper redeemed by or charged back to
the county treasurer by reason of nonpayment shall be returned to
the officer who deposited it in exchange for currency or other
negotiable paper or for the warrant of the county auditor drawn on
the fund into which the original deposit was made.
2509. If any negotiable paper is not paid on due presentment for
any reason, any record of payment made on any official record because
of its acceptance shall be canceled, and the tax or assessment is a
lien as though no payment has been attempted.
The officer accepting negotiable paper shall make any memoranda
necessary to enable him to make proper cancellation on its return
without payment.
2509.1. Notwithstanding any other provision of law, after the
return to the depositing county officer of any unpaid negotiable
paper, the tax collector may charge the person who attempted payment
through the unpaid negotiable paper a fee not to exceed the cost of
making required notifications to the person, processing the returned
unpaid negotiable paper, and making the required cancellations on the
tax roll. The fee amount shall be set by the board of supervisors
and be subject to the fee review procedures required by Section 54986
of the Government Code. The fee may be added to the tax bill and
collected in the same manner as costs recovered under Section 2621.
2510. When a cancellation is made, the officer making it shall
record it on the record where the notation of payment was made. He
shall immediately send a notice to the person who attempted payment
by the negotiable paper of the cancellation of the payment.
The validity of any tax, assessment, or penalty is not affected by
failure or irregularity in giving the notice.
2511. By resolution of the board of supervisors passed by a
four-fifths vote, any county warrant for a particular fiscal year may
be received in payment of taxes for the same fiscal year levied by
the county issuing the warrants if the amount of the warrant does not
exceed the amount of taxes being paid. If registered, warrants shall
be received only in the order of registration.
2511.1. (a) As used in this section:
(1) "Credit card" means any card, plate, coupon book, or other
credit device existing for the purpose of being used from time to
time upon presentation to obtain money, property, labor, or services
on credit.
(2) "Card issuer" means any person who issues a credit card and
purchases credit card drafts, or the agent for those purposes with
respect to a credit card.
(3) "Cardholder" means any person to whom a credit card is issued
or any person who has agreed with the card issuer to pay obligations
arising from the issuance of a credit card to another person.
(4) "Draft purchaser" means any person who purchases credit card
drafts.
(b) The board of supervisors may authorize the acceptance of a
credit card for payment of property taxes. Following an authorization
pursuant to the preceding sentence, the county shall, upon approval
of the board of supervisors, execute a contract with one or more
credit card issuers or draft purchasers. The contract shall provide
for all of the following:
(1) The respective rights and duties of the county, and card
issuers and draft purchasers regarding the presentment,
acceptability, and payment of credit card drafts.
(2) The establishment of a reasonable means by which to facilitate
payment settlements.
(3) The payment to the card issuer or draft purchaser of a
reasonable fee or discount.
(4) Other matters appropriately included in contracts with respect
to the purchase of credit card drafts as may be agreed upon by the
parties to the contract.
(c) The honoring of a credit card pursuant to subdivision (b)
shall constitute payment of the tax as of the date the credit card is
honored, provided the credit card draft is paid following its due
presentment to a card issuer or draft purchaser.
(d) The county may impose a fee for the use of a credit card
sufficient in amount to provide for the recovery of fees or discounts
paid by the county under paragraph (3) of subdivision (b) and all
other costs incurred by the county in providing for payment by
credit. Fees imposed under this subdivision shall be approved by the
board of supervisors.
(e) If any credit card draft is not paid following due presentment
to a card issuer or draft purchaser or is charged back to the county
for any reason, any record of payment made shall be null and void.
Any receipt issued in acknowledgment of payment shall also be null
and void. The obligation of the cardholder shall continue as an
outstanding obligation as though no payment had been attempted.
(f) Upon notice of nonpayment of the credit card draft, the tax
collector may charge the person who attempted the payment a fee not
to exceed the costs of processing the draft, providing notice of
nonpayment to that person, and making required cancellations on the
tax roll. The amount of the fee shall be set by the board of
supervisors pursuant to Section 54986 of the Government Code, and may
be added to the tax bill and collected in the same manner as costs
recovered pursuant to Section 2621. Fees imposed under this
subdivision shall be approved by the board of supervisors.
2512. (a) If a remittance to cover a payment required by law to be
made to a taxing agency prior to a specified date and hour is (a)
deposited in the United States mail in a sealed envelope, properly
addressed with the required postage prepaid, or (b) deposited for
shipment with an independent delivery service that is an Internal
Revenue Service designated delivery service or has been approved by
the tax collector, in a sealed envelope or package, properly
addressed with the required fee prepaid, delivery of which shall not
be later than 5 p.m. on the next business day after the effective
delinquent date, the remittance shall be deemed received on the date
shown by the post office cancellation mark stamped upon the envelope
containing the remittance, or the independent delivery service
shipment date shown on the packing slip or air bill attached to the
outside of the envelope or package containing the remittance, or on
the date it was mailed if proof satisfactory to the tax collector
establishes that the mailing occurred on an earlier date. The taxing
agency is not required to accept a payment actually received in the
mail if it is received more than 30 days after the date and time set
by law for the payment.
(b) If a remittance to cover a payment, required by law to be made
to a taxing agency prior to a specified date and hour, is made by an
electronic payment option, such as wire transfer, telephoned credit
card, or electronic Internet means, the remittance shall be deemed
received on the date the transaction was completed by the taxpayer,
if the remittance was made on the taxing agency's authorized Internet
Web site or via the taxing agency's authorized telephone number.
Proof of completion of the transaction in the form of a confirmation
number or other convincing evidence shall be presented by the
taxpayer to the satisfaction of the tax collector. This subdivision
does not apply to payments by electronic fund transfer as provided in
Sections 2503.1 and 2503.2.
(c) This section does not, for purposes of applying subdivision
(a) of Section 3707, apply to a remittance sent by mail, by
independent delivery service, or by electronic payment option for the
redemption of tax-defaulted property.
2513. If an application, tax statement or claim for credit or
refund required by law to be filed with a taxing agency on or before
a specified date is filed with the taxing agency through the United
States mail, properly addressed with the required postage prepaid, it
shall be deemed filed on the date shown by the post office
cancellation mark stamped on the envelope containing it, or on the
date it was mailed if proof satisfactory to the tax collector
establishes that the mailing occurred on an earlier date.
If an application, tax statement or claim for credit or refund
required by law to be filed with the taxing agency on or before a
specified time on a specified date is sent through the United States
mail, properly addressed with the required postage prepaid, and the
cancellation mark is placed on the envelope after it is deposited in
the mail:
(a) Where the cancellation mark shows both date and time, the
application, tax statement or claim for credit or refund shall be
deemed filed on the date shown by the cancellation mark and by the
time specified by law for that date.
(b) Where the cancellation mark shows only the date, the
application, tax statement or claim for credit or refund shall be
deemed filed within the time and date specified when the cancellation
mark bears a date on or before the specified date of filing.
2514. (a) Upon receipt of a certificate of eligibility described in
Section 20602, Section 20639.6, or Section 20640.6 signed by the
claimant, the claimant's spouse, or authorized agent appointed under
regulations adopted by the Controller pursuant to Section 20603 or
Section 20640.7, the tax collector shall ascertain whether the amount
of money entered on the certificate by such claimant or agent, when
added to other amounts available for such purpose, are sufficient to
pay the amount due and owing.
If such is the case, the tax collector or his or her designee
shall countersign the certificate and mark the tax paid. Once signed
and countersigned, a certificate of eligibility shall be deemed a
negotiable instrument for purposes of all laws of this state, as
specified in subdivision (d) of Section 20602. Upon acceptance of
such a certificate:
(1) The tax collector shall enter the fact that taxes on the
property have been postponed in appropriate columns on the roll. In
the case of the secured roll, this information may be entered in that
portion of the roll which has been designated for tax default
information required by Section 3439.
(2) In the case of a certificate of eligibility issued pursuant to
Section 20602, the tax collector shall determine if the property
described in the certificate of eligibility is subject to a lien
recorded pursuant to Section 16182 of the Government Code. If the
property is not subject to such a lien, the tax collector shall enter
the amount paid by use of the certificate, the date of such payment,
the Controller's identification number shown on the certificate of
eligibility, the address of the property covered by the certificate,
and the name of the claimant as shown on the certificate on a "notice
of lien for postponed property taxes" form which shall be provided
by the Controller. The tax collector shall thereafter forward such
notice of lien form to the assessor.
(3) With respect to a claimant whose property taxes are paid by a
lender from an impound, trust, or other type of account described in
Section 2954 of the Civil Code, the tax collector shall notify the
auditor of the claimant's name and address, and the amount of money
entered on the certificate.
The auditor, treasurer, or disbursing officer shall send a check
in the amount of money entered on the certificate to said claimant
within 30 days following the date on which the installment is paid by
the lender or the certificate of eligibility is received from the
claimant, whichever is later.
(b) The procedures established by this chapter shall not be
construed to require a lender to alter the manner in which a lender
makes payment of the property taxes of such claimant.
(c) Notwithstanding any other provision in this section, any
action required of a local agency by this section in order to give
effect to the Senior Citizens Mobilehome Property Tax Postponement
Law (Chapter 3.3 (commencing with Section 20639) of Part 10.5 of
Division 2, and that has been determined by the Commission on State
Mandates to be a reimbursable mandate, shall be optional.
2515. (a) Upon receipt of a "notice of lien for postponed property
taxes" from the tax collector, the assessor shall immediately:
(1) Enter, on the notice of lien, a description of the real
property for which the taxes have been paid by use of a certificate
of eligibility pursuant to Section 2514. Such description shall be a
"metes and bounds," "lot-block-tract," or such other description as
is determined by the Controller to sufficiently describe the real
property for the purpose of securing the state's lien.
(2) Enter on the notice of lien, the names of all record owners of
the property described under subdivision (a) of this section, as
disclosed by the assessor's records.
(3) Upon entry of the information required by subdivisions (a) and
(b) of this section on the notice of lien, the assessor shall
immediately forward the notice of lien to the county recorder.
(4) Enter on the assessment records applicable to such property,
the fact that the taxes on the property have been postponed and the
Controller's identification number, and shall, when such record
reveals a change in the ownership status of the property subsequent
to the date of entry of the postponement information thereon, notify
the Controller of such change in the ownership status in the manner
prescribed by the Controller.
(b) From the time of recordation of the notice of lien pursuant to
Section 16182 of the Government Code, the lien for postponed
property taxes shall be deemed to impart constructive notice of the
contents thereof to subsequent purchasers, mortgagees, lessees and
other lienors.
2516. Upon the failure of a transferee to file a change in
ownership statement required by Section 480, the assessor or the
auditor shall immediately enter on the assessment records applicable
to the real property, the fact that a penalty has been added to the
assessment roll and specify the date and amount thereof.
2501. Taxes shall be paid only in the mediums permitted by this
chapter.
2502. Taxes may be paid in legal tender or in money receivable in
payment of taxes by the United States. The tax collector shall have
the right to refuse the payment in coins of property taxes, penalties
and interest, and any other charges associated with the payment of
property taxes.
2503. A tax levied for a special purpose shall be paid in such
funds as may be directed.
2503.1. As used in this division, "electronic funds transfer" means
any transfer of funds, other than a transaction originated by check,
draft, or similar paper instrument, which is initiated through an
electronic terminal, telephonic instrument, or computer or magnetic
tape so as to order, instruct, or authorize a financial institution
to credit or debit an account.
2503.2. (a) The tax collector for any city, county, or city and
county may, in his or her discretion, accept electronic funds
transfers in payment for a purchase at a tax sale, of any tax,
assessment, or on a redemption.
(b) The tax collector for any city, county, or city and county
may, in his or her discretion, require any taxpayer, or any paying
agent of a taxpayer or taxpayers, who makes an aggregate payment of
fifty thousand dollars ($50,000) or more on the two most recent
regular installments on the secured roll or on the one installment of
the most recent unsecured tax roll, to make subsequent payments by
electronic funds transfer.
(c) Any taxpayer or paying agent making payment by electronic
funds transfer shall provide any supporting documentation and
electronic information as requested by the tax collector. An
electronic funds transfer made pursuant to this section shall be made
to the bank account designated by the tax collector.
(d) Any costs incurred by the tax collector as a result of the
acceptance of electronic funds transfers pursuant to this section
shall be considered administrative costs of tax collection, except
that if for any reason the electronic funds transfer is not
completed, those costs shall be recovered as provided in subdivision
(g).
(e) The acceptance of an electronic funds transfer shall
constitute payment of a tax, assessment, or redemption as of the date
of acceptance when, but not before, the transfer has been completed.
An electronic funds transfer is completed by acceptance by the bank
designated by the tax collector of the payment specified by the
originator's payment order.
(f) If an electronic funds transfer is not accepted for any
reason, any record of payment entered on any official record
indicating the acceptance of that transfer shall be canceled, and the
tax or assessment shall be a lien as if no payment has been
attempted. When a cancellation of a record of payment is made, the
canceling officer shall record the cancellation on the record that
contained the notation of payment, and immediately shall cause a
written notice of cancellation to be sent to the person attempting
the electronic funds transfer.
(g) Upon notice of nonacceptance of an electronic funds transfer,
the tax collector may charge the person who attempted the electronic
funds transfer a fee not to exceed the costs of processing the
transfer, providing notice of nonacceptance to that person, and
making required cancellations on the tax roll. The amount of any fee
charged pursuant to this subdivision shall be set by the governing
body of the relevant city, county, or city and county, and may be
added to the tax bill and collected in the same manner as costs
recovered pursuant to Section 2621.
2504. As used in this division, "negotiable paper" means checks,
drafts, and money orders.
2505. (a) Except as provided in subdivision (b), the tax collector
or treasurer for any city or county may in his or her discretion
accept negotiable paper in payment of any tax, or assessment, or on a
redemption.
(b) The tax collector of a county shall accept a certificate of
eligibility to pay all or any part of any ad valorem property tax,
special assessment, or other charge or user fee appearing on the
county tax bill. The tax collector, treasurer, or other official
charged with the duty of collecting taxes for a chartered city which
levies and collects its own property taxes shall accept a certificate
of eligibility to pay all or any part of any ad valorem property
tax, special assessment, or other charge or user fee appearing on the
tax bill of such city. A certificate for partial payment shall not
be accepted unless accompanied by an amount sufficient to fully pay
the remaining ad valorem property taxes, special assessment, or other
charge or fee appearing on the respective tax bill installment.
(c) Except as provided in Chapter 2 (commencing with Section
20581), Chapter 3. 3 (commencing with Section 20639), Chapter 3.5
(commencing with Section 20640), or Chapter 4 (commencing with
Section 20641) of Part 10.5 of Division 2, a certificate of
eligibility shall not be used to pay any delinquent taxes,
assessments, penalties, costs, fees, or interest, or any redemption
charges.
(d) For the 1978-79 fiscal year and thereafter, except as to those
amounts which can be paid by a certificate pursuant to subdivision
(c), the tax collector shall not accept a certificate of eligibility
to pay all or part of any installment if tendered after the
delinquency date thereof, unless accompanied by an amount sufficient
to fully pay any delinquent taxes, assessments, costs, penalties,
interest, fees or other charges resulting from the delinquency or
delinquencies.
(e) In no event shall a certificate of eligibility be accepted
later than the expiration date designated thereon.
2506. The acceptance of negotiable paper constitutes a payment of a
tax, assessment, or redemption as of the date of acceptance when,
but not before, the negotiable paper is duly paid.
2507. The officer accepting negotiable paper may deposit it daily
with a bank for collection and receive from the bank cashier's checks
in an amount equal to the total deposits. The cashier's checks shall
be deposited in the county treasury like cash received for the same
purpose. The officer accepting negotiable paper may at his option
deposit such negotiable paper daily in the county treasury instead of
in a bank; and the county treasurer shall handle such negotiable
paper like any other negotiable paper accepted by him.
2508. If any negotiable paper is returned unpaid to the bank with
which it was deposited pursuant to any requirement of this division,
the bank shall return it to the officer who deposited it and, if its
amount has been included in any cashier's check given by the bank,
the bank is entitled to a refund in the amount of the unpaid
negotiable paper. Any negotiable paper redeemed by or charged back to
the county treasurer by reason of nonpayment shall be returned to
the officer who deposited it in exchange for currency or other
negotiable paper or for the warrant of the county auditor drawn on
the fund into which the original deposit was made.
2509. If any negotiable paper is not paid on due presentment for
any reason, any record of payment made on any official record because
of its acceptance shall be canceled, and the tax or assessment is a
lien as though no payment has been attempted.
The officer accepting negotiable paper shall make any memoranda
necessary to enable him to make proper cancellation on its return
without payment.
2509.1. Notwithstanding any other provision of law, after the
return to the depositing county officer of any unpaid negotiable
paper, the tax collector may charge the person who attempted payment
through the unpaid negotiable paper a fee not to exceed the cost of
making required notifications to the person, processing the returned
unpaid negotiable paper, and making the required cancellations on the
tax roll. The fee amount shall be set by the board of supervisors
and be subject to the fee review procedures required by Section 54986
of the Government Code. The fee may be added to the tax bill and
collected in the same manner as costs recovered under Section 2621.
2510. When a cancellation is made, the officer making it shall
record it on the record where the notation of payment was made. He
shall immediately send a notice to the person who attempted payment
by the negotiable paper of the cancellation of the payment.
The validity of any tax, assessment, or penalty is not affected by
failure or irregularity in giving the notice.
2511. By resolution of the board of supervisors passed by a
four-fifths vote, any county warrant for a particular fiscal year may
be received in payment of taxes for the same fiscal year levied by
the county issuing the warrants if the amount of the warrant does not
exceed the amount of taxes being paid. If registered, warrants shall
be received only in the order of registration.
2511.1. (a) As used in this section:
(1) "Credit card" means any card, plate, coupon book, or other
credit device existing for the purpose of being used from time to
time upon presentation to obtain money, property, labor, or services
on credit.
(2) "Card issuer" means any person who issues a credit card and
purchases credit card drafts, or the agent for those purposes with
respect to a credit card.
(3) "Cardholder" means any person to whom a credit card is issued
or any person who has agreed with the card issuer to pay obligations
arising from the issuance of a credit card to another person.
(4) "Draft purchaser" means any person who purchases credit card
drafts.
(b) The board of supervisors may authorize the acceptance of a
credit card for payment of property taxes. Following an authorization
pursuant to the preceding sentence, the county shall, upon approval
of the board of supervisors, execute a contract with one or more
credit card issuers or draft purchasers. The contract shall provide
for all of the following:
(1) The respective rights and duties of the county, and card
issuers and draft purchasers regarding the presentment,
acceptability, and payment of credit card drafts.
(2) The establishment of a reasonable means by which to facilitate
payment settlements.
(3) The payment to the card issuer or draft purchaser of a
reasonable fee or discount.
(4) Other matters appropriately included in contracts with respect
to the purchase of credit card drafts as may be agreed upon by the
parties to the contract.
(c) The honoring of a credit card pursuant to subdivision (b)
shall constitute payment of the tax as of the date the credit card is
honored, provided the credit card draft is paid following its due
presentment to a card issuer or draft purchaser.
(d) The county may impose a fee for the use of a credit card
sufficient in amount to provide for the recovery of fees or discounts
paid by the county under paragraph (3) of subdivision (b) and all
other costs incurred by the county in providing for payment by
credit. Fees imposed under this subdivision shall be approved by the
board of supervisors.
(e) If any credit card draft is not paid following due presentment
to a card issuer or draft purchaser or is charged back to the county
for any reason, any record of payment made shall be null and void.
Any receipt issued in acknowledgment of payment shall also be null
and void. The obligation of the cardholder shall continue as an
outstanding obligation as though no payment had been attempted.
(f) Upon notice of nonpayment of the credit card draft, the tax
collector may charge the person who attempted the payment a fee not
to exceed the costs of processing the draft, providing notice of
nonpayment to that person, and making required cancellations on the
tax roll. The amount of the fee shall be set by the board of
supervisors pursuant to Section 54986 of the Government Code, and may
be added to the tax bill and collected in the same manner as costs
recovered pursuant to Section 2621. Fees imposed under this
subdivision shall be approved by the board of supervisors.
2512. (a) If a remittance to cover a payment required by law to be
made to a taxing agency prior to a specified date and hour is (a)
deposited in the United States mail in a sealed envelope, properly
addressed with the required postage prepaid, or (b) deposited for
shipment with an independent delivery service that is an Internal
Revenue Service designated delivery service or has been approved by
the tax collector, in a sealed envelope or package, properly
addressed with the required fee prepaid, delivery of which shall not
be later than 5 p.m. on the next business day after the effective
delinquent date, the remittance shall be deemed received on the date
shown by the post office cancellation mark stamped upon the envelope
containing the remittance, or the independent delivery service
shipment date shown on the packing slip or air bill attached to the
outside of the envelope or package containing the remittance, or on
the date it was mailed if proof satisfactory to the tax collector
establishes that the mailing occurred on an earlier date. The taxing
agency is not required to accept a payment actually received in the
mail if it is received more than 30 days after the date and time set
by law for the payment.
(b) If a remittance to cover a payment, required by law to be made
to a taxing agency prior to a specified date and hour, is made by an
electronic payment option, such as wire transfer, telephoned credit
card, or electronic Internet means, the remittance shall be deemed
received on the date the transaction was completed by the taxpayer,
if the remittance was made on the taxing agency's authorized Internet
Web site or via the taxing agency's authorized telephone number.
Proof of completion of the transaction in the form of a confirmation
number or other convincing evidence shall be presented by the
taxpayer to the satisfaction of the tax collector. This subdivision
does not apply to payments by electronic fund transfer as provided in
Sections 2503.1 and 2503.2.
(c) This section does not, for purposes of applying subdivision
(a) of Section 3707, apply to a remittance sent by mail, by
independent delivery service, or by electronic payment option for the
redemption of tax-defaulted property.
2513. If an application, tax statement or claim for credit or
refund required by law to be filed with a taxing agency on or before
a specified date is filed with the taxing agency through the United
States mail, properly addressed with the required postage prepaid, it
shall be deemed filed on the date shown by the post office
cancellation mark stamped on the envelope containing it, or on the
date it was mailed if proof satisfactory to the tax collector
establishes that the mailing occurred on an earlier date.
If an application, tax statement or claim for credit or refund
required by law to be filed with the taxing agency on or before a
specified time on a specified date is sent through the United States
mail, properly addressed with the required postage prepaid, and the
cancellation mark is placed on the envelope after it is deposited in
the mail:
(a) Where the cancellation mark shows both date and time, the
application, tax statement or claim for credit or refund shall be
deemed filed on the date shown by the cancellation mark and by the
time specified by law for that date.
(b) Where the cancellation mark shows only the date, the
application, tax statement or claim for credit or refund shall be
deemed filed within the time and date specified when the cancellation
mark bears a date on or before the specified date of filing.
2514. (a) Upon receipt of a certificate of eligibility described in
Section 20602, Section 20639.6, or Section 20640.6 signed by the
claimant, the claimant's spouse, or authorized agent appointed under
regulations adopted by the Controller pursuant to Section 20603 or
Section 20640.7, the tax collector shall ascertain whether the amount
of money entered on the certificate by such claimant or agent, when
added to other amounts available for such purpose, are sufficient to
pay the amount due and owing.
If such is the case, the tax collector or his or her designee
shall countersign the certificate and mark the tax paid. Once signed
and countersigned, a certificate of eligibility shall be deemed a
negotiable instrument for purposes of all laws of this state, as
specified in subdivision (d) of Section 20602. Upon acceptance of
such a certificate:
(1) The tax collector shall enter the fact that taxes on the
property have been postponed in appropriate columns on the roll. In
the case of the secured roll, this information may be entered in that
portion of the roll which has been designated for tax default
information required by Section 3439.
(2) In the case of a certificate of eligibility issued pursuant to
Section 20602, the tax collector shall determine if the property
described in the certificate of eligibility is subject to a lien
recorded pursuant to Section 16182 of the Government Code. If the
property is not subject to such a lien, the tax collector shall enter
the amount paid by use of the certificate, the date of such payment,
the Controller's identification number shown on the certificate of
eligibility, the address of the property covered by the certificate,
and the name of the claimant as shown on the certificate on a "notice
of lien for postponed property taxes" form which shall be provided
by the Controller. The tax collector shall thereafter forward such
notice of lien form to the assessor.
(3) With respect to a claimant whose property taxes are paid by a
lender from an impound, trust, or other type of account described in
Section 2954 of the Civil Code, the tax collector shall notify the
auditor of the claimant's name and address, and the amount of money
entered on the certificate.
The auditor, treasurer, or disbursing officer shall send a check
in the amount of money entered on the certificate to said claimant
within 30 days following the date on which the installment is paid by
the lender or the certificate of eligibility is received from the
claimant, whichever is later.
(b) The procedures established by this chapter shall not be
construed to require a lender to alter the manner in which a lender
makes payment of the property taxes of such claimant.
(c) Notwithstanding any other provision in this section, any
action required of a local agency by this section in order to give
effect to the Senior Citizens Mobilehome Property Tax Postponement
Law (Chapter 3.3 (commencing with Section 20639) of Part 10.5 of
Division 2, and that has been determined by the Commission on State
Mandates to be a reimbursable mandate, shall be optional.
2515. (a) Upon receipt of a "notice of lien for postponed property
taxes" from the tax collector, the assessor shall immediately:
(1) Enter, on the notice of lien, a description of the real
property for which the taxes have been paid by use of a certificate
of eligibility pursuant to Section 2514. Such description shall be a
"metes and bounds," "lot-block-tract," or such other description as
is determined by the Controller to sufficiently describe the real
property for the purpose of securing the state's lien.
(2) Enter on the notice of lien, the names of all record owners of
the property described under subdivision (a) of this section, as
disclosed by the assessor's records.
(3) Upon entry of the information required by subdivisions (a) and
(b) of this section on the notice of lien, the assessor shall
immediately forward the notice of lien to the county recorder.
(4) Enter on the assessment records applicable to such property,
the fact that the taxes on the property have been postponed and the
Controller's identification number, and shall, when such record
reveals a change in the ownership status of the property subsequent
to the date of entry of the postponement information thereon, notify
the Controller of such change in the ownership status in the manner
prescribed by the Controller.
(b) From the time of recordation of the notice of lien pursuant to
Section 16182 of the Government Code, the lien for postponed
property taxes shall be deemed to impart constructive notice of the
contents thereof to subsequent purchasers, mortgagees, lessees and
other lienors.
2516. Upon the failure of a transferee to file a change in
ownership statement required by Section 480, the assessor or the
auditor shall immediately enter on the assessment records applicable
to the real property, the fact that a penalty has been added to the
assessment roll and specify the date and amount thereof.
