PART 12. TAXATION OF RACEHORSES [5701. - 5790.]

Part 12 added by Stats. 1971, Ch. 1759.

§§ 5701–5790 · 36 sections

1. CHAPTER 1. General Provisions and Definitions §§ 5701–5720.6 · 21 sections

   • § 5701 The Legislature finds that subjecting racehorses to the general property tax has resulted in a serious lack of uniformity as between one county and another…
   • § 5702 Except where the context otherwise requires, the definitions given in this chapter govern the construction of this part.
   • § 5703 “Racehorse” means each live horse, including a stallion, mare, gelding, ridgeling, colt, filly, or foal, that is or will be eligible to participate in or…
   • § 5704 “Owner” means the owner of a racehorse or his agent. Any other person claiming, possessing or controlling a racehorse shall provide the name and address of the…
   • § 5705 “Annual tax” means a tax that is imposed on the owner for any racehorse domiciled in the State of California.
   • § 5706 “Current calendar year” means the yearly period from the first day of January to the last day of December, inclusive for which the tax is imposed.
   • § 5707 “Previous calendar year” means the calendar year immediately preceding the calendar year for which the annual tax is imposed.
   • § 5710 “Stallion” means any racehorse which, during the two previous calendar years, has serviced three or more different broodmares for the purpose of producing a…
   • § 5711 “Producing broodmare” means a racehorse mare which, during the previous calendar year, has produced a live foal.
   • § 5712 “Nonproducing broodmare” means a racehorse mare which has not produced a live foal during the previous calendar year.
   • § 5713 “Stakes-winning broodmare” means a broodmare which has won at any time during her life a race with a purse to which owners of participating horses have…
   • § 5714 “Stakes-producing broodmare” means a broodmare which has produced at any time during her life a racehorse which has won a race with a purse to which owners of…
   • § 5715 “Stakes yearling”, “stakes two-year-old”, or “stakes three-year-old” means a racehorse of the designated age which was foaled by a stakes-winning or…
   • § 5716 “Yearling” means a racehorse which was foaled during the previous calendar year.
   • § 5716.5 “Foal” means a racehorse which is foaled during the current calendar year.
   • § 5717 “Active racehorse” means a racehorse which has participated in a horseracing contest on which parimutuel wagering was permitted during the previous calendar…
   • § 5718 “Nonactive racehorse” means any racehorse which has not participated in any horseracing contest on which parimutuel wagering was permitted during the previous…
   • § 5719 “Live foal” means a foal which has lived for a period of three days or more.
   • § 5720 “Stud fee” is the sum of money charged by a stallion owner for the mating of his stallion to a broodmare.
   • § 5720.5 “Stud fee classification” will be determined by the highest stud fee charged for the mating of a mare to a stallion during the previous calendar year.
   • § 5720.6 “Domicile” means: (a) The home ranch on January 1 of the current calendar year of the owner of a racehorse or other place where the horse is quartered when not…
2. CHAPTER 2. Imposition of Tax §§ 5721–5722 · 2 sections

   • § 5721 For the 1973 calendar year and each calendar year thereafter, on the privilege of breeding, training, caring for or racing a racehorse in this state, there is…
   • § 5722 The annual tax is imposed on and shall be paid by the owner on the following basis: Age 12 Age 13 STALLIONS and younger and older Stud fee classification…
3. CHAPTER 3. Exemptions § 5741 · 1 section

   • § 5741 Foals born to a racehorse mare during the current calendar year shall be exempt from the tax imposed by this part or by any other part of this code.
4. CHAPTER 4. Collection §§ 5761–5768 · 8 sections

   • § 5761 The tax imposed pursuant to this part shall be determined as of 12:01 a. m. January 1 of the calendar year for which it is imposed and shall be immediately due…
   • § 5762 The tax imposed by this part shall become delinquent at 5 p.m. on the 15th day of February of the calendar year for which it is imposed.
   • § 5763 A delinquent penalty of 6 percent shall attach at 5 p.m. on the day any tax imposed by this part becomes delinquent. An additional penalty of 1 percent shall…
   • § 5764 If, in the opinion of the tax collector, the amount of tax required to be paid to the county pursuant to this part, or any portion thereof, will be jeopardized…
   • § 5765 (a) The assessor may perform audits of the books and records of any owner of racehorses subject to the tax imposed by this part in the county to determine if…
   • § 5766 The tax described in this part may be imposed at any time within five years after the tax would have otherwise become due and the penalties shall date from the…
   • § 5767 If any person required by Section 5782 to file a report fails to file it by the time specified, the tax collector shall impose on the lawful amount of taxes…
   • § 5768 Upon request of the assessor, an owner of racehorses of a type subject to the tax imposed by this part shall make available at his principal place of business,…
5. CHAPTER 5. Administration §§ 5781–5790 · 4 sections

   • § 5781 The State Board of Equalization shall make such reasonable rules and regulations and prepare such forms as are necessary to carry out the intent and purposes…
   • § 5782 On forms provided through the office of the assessor, the owner of a racehorse either in person, through his representative or by mail, shall report the tax…
   • § 5783 The auditor of the county in which a report is filed shall transfer any taxes paid pursuant to this part belonging to another county as shown on the report,…
   • § 5790 All proceeds derived from the tax, interest, and penalties imposed by this part shall be allocated by the auditor as promptly as is feasible in the following…