Yolo County appeals board hears request to abate 10% penalty for Wake Forest Gardens LLC; no decision reached

The Yolo County Assessment Appeals Board on April 16 heard a request from Wake Forest Gardens LLC to abate a 10% penalty assessed for a late filing of a change-of-ownership statement with the State Board of Equalization.

The request was presented by Brenda Freeman, attorney for Wake Forest Gardens LLC, who asked the board to find that the delay resulted from circumstances linked to the death of the entity owner and therefore constituted "reasonable cause" under the Revenue and Taxation Code. Ashley Carpenter of the Yolo County Assessor's Office told the board the assessor applied the penalty after the county received state reporting and that the office had determined the 10% penalty had been calculated incorrectly by county financial services and should be corrected to reflect the full taxable value.

The matter mattered to the board because California law requires a change-in-ownership statement be filed within 90 days of a reportable transfer; the statute gives the county board the discretion to abate penalties where a taxpayer demonstrates reasonable cause. Carpenter read the statutory…