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Adobe PDF - California Department of Housing and Community ...

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MOBILEHOMES-MANUFACTURED HOUSING ACT OF 1980<br />

the date <strong>of</strong> sale that money shall be transferred to the<br />

Mobilehome–Manufactured Home Revolving Fund.<br />

§ 18116.5. Exemptions from use tax <br />

Used manufactured homes, used mobilehomes, <strong>and</strong> used floating homes subject to local property taxation are<br />

exempt from the payment <strong>of</strong> use tax upon resale or transfer as provided in Section 6379 <strong>of</strong> the Revenue <strong>and</strong> Taxation<br />

Code.<br />

§ 18117. Payment <strong>of</strong> use tax for manufactured homes, mobilehomes, <strong>and</strong> commercial coaches previously<br />

registered out–<strong>of</strong>–state<br />

An application for registration under this part <strong>of</strong> a manufactured home, mobilehome, or commercial coach previously<br />

registered outside <strong>of</strong> this state shall be accompanied by payment <strong>of</strong> the amount required to be paid under Part 1<br />

(commencing with Section 6001) <strong>of</strong> Division 2 <strong>of</strong> the Revenue <strong>and</strong> Taxation Code with respect to the use <strong>of</strong> the<br />

manufactured home, mobilehome, or commercial coach by the applicant.<br />

§ 18117.5. Transfer fee delinquencies<br />

The transfer fee is delinquent if not paid within 20 days <strong>of</strong> receipt by the transferee <strong>of</strong> a properly executed<br />

certificate <strong>of</strong> title for the manufactured home, mobilehome, commercial coach, truck camper, or floating home.<br />

§ 18118. Payment <strong>of</strong> renewal fees in conjunction with registration transaction<br />

Whenever any application for a change, addition, or deletion <strong>of</strong> the registered owner’s name or names is filed with the<br />

department during the 60 days immediately preceding the expiration date <strong>of</strong> the current registration <strong>of</strong> a manufactured<br />

home, mobilehome, or commercial coach, subject to annual renewal <strong>of</strong> registration, the application shall be accompanied<br />

by the full renewal fees for the ensuing registration year in addition to any other fees that may be due <strong>and</strong> payable.<br />

§ 18119. Delinquent license fee; Notice; Listing; Transfer<br />

(a) If the license fee has not been paid on or before the 60th day following the date on which the fee became delinquent,<br />

the department shall mail a notice to the registered owner, legal owner <strong>and</strong> each junior lienholder shown on the permanent<br />

title record as <strong>of</strong> that date, containing the following information:<br />

(1) That the license fee is delinquent.<br />

(2) That the manufactured home or mobilehome will become subject to a penalty <strong>of</strong> fifty dollars ($50) per<br />

transportable unit pursuant to subdivision (b) <strong>of</strong> Section 18116, if the fees <strong>and</strong> penalties are not paid on or before the 120th<br />

day after the date <strong>of</strong> delinquency.<br />

(b) On or before the last day <strong>of</strong> each calendar month, the department shall furnish a listing <strong>of</strong> new registrations <strong>and</strong><br />

transfers <strong>of</strong> title to manufactured homes <strong>and</strong> mobilehomes subject to local property taxation under Section 5801 <strong>of</strong> the<br />

Revenue <strong>and</strong> Taxation Code, <strong>and</strong> <strong>of</strong> all voluntary transfers to local property taxation, as provided in subdivision (c), to<br />

the county assessor <strong>of</strong> the county in which the manufactured home or mobilehome is sited.<br />

(c) The department shall transfer a manufactured home or mobilehome which is subject to vehicle license fee to local<br />

property taxation upon a request for the transfer, as prescribed by the department, executed by the registered owner, legal<br />

owner, <strong>and</strong> each junior lienholder. Transfer pursuant to this subdivision shall be final. Persons obtaining such a transfer<br />

thereby waive all entitlement to petition for reinstatement to the vehicle license fee, <strong>and</strong> are not entitled to the refund <strong>of</strong><br />

any vehicle registration fees or vehicle license fees paid which apply to the period between the date <strong>of</strong> voluntary transfer<br />

<strong>and</strong> the expiration <strong>of</strong> the registration period for which the fees were paid.<br />

Article 7 Penalties<br />

§ 18122. Suspension, revocation, or cancellation <strong>of</strong> certificate <strong>of</strong> title; Notice<br />

Except as it may affect a security interest properly perfected other than pursuant to Section 9313 <strong>of</strong> the<br />

Commercial Code, the department may suspend, revoke, or cancel any certificate <strong>of</strong> title valid on its face for any<br />

violation <strong>of</strong> the provisions <strong>of</strong> this chapter relating to certificates <strong>of</strong> title. The department shall notify all persons or entities<br />

with perfected security interests at the time that such an action is taken.<br />

§ 18122.5. Unlawful acts with respect to transfer <strong>of</strong> registration<br />

It is unlawful for any person to fail or neglect properly to endorse, date, <strong>and</strong> deliver the certificate <strong>of</strong> title <strong>and</strong>, when having<br />

possession, to fail to deliver the registration card to a transferee who is lawfully entitled to a transfer <strong>of</strong> registration. Except<br />

when the certificate <strong>of</strong> title is dem<strong>and</strong>ed in writing by a purchaser, a manufactured home, mobilehome, or commercial<br />

coach dealer licensed, as provided by this part, shall satisfy the delivery requirement <strong>of</strong> this section by submitting<br />

appropriate documents <strong>and</strong> fees to the department for transfer <strong>of</strong> registration in accordance with this part <strong>and</strong> rules <strong>and</strong><br />

regulations promulgated thereunder.<br />

§ 18123. Payment <strong>of</strong> use tax <strong>and</strong> penalty<br />

(a) The department shall withhold the registration or the transfer <strong>of</strong> registration <strong>of</strong> any manufactured home,<br />

mobilehome, commercial coach, or truck camper sold at retail to any applicant by any person, other than a<br />

manufactured home, mobilehome, commercial coach, or truck camper manufacturer or dealer holding a license <strong>and</strong><br />

certificate issued as provided for by this part, until the applicant pays to the department the use tax measured by the sales<br />

price <strong>of</strong> the manufactured home, mobilehome, commercial coach, or truck camper as required by the Sales <strong>and</strong> Use Tax<br />

Law (Part 1 (commencing with Section 6001) <strong>of</strong> Division 2 <strong>of</strong> the Revenue <strong>and</strong> Taxation Code), together with penalty, if<br />

any, unless the State Board <strong>of</strong> Equalization finds that no use tax is due. If the applicant so desires, he or she may pay the use<br />

tax <strong>and</strong> penalty, if any, to the department so as to secure immediate action upon his or her application for registration or<br />

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