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§ 14772.1. Performance.

18 CA ADC § 14772.1Barclays Official California Code of Regulations

Barclays California Code of Regulations
Title 18. Public Revenues
Division 2.5. State Controller (Refs & Annos)
Chapter 1. Inheritance Tax (Refs & Annos)
Article 13.1. Inheritance Tax Referees
18 CCR § 14772.1
§ 14772.1. Performance.
Currentness
An Inheritance Tax Referee shall:
(a) Promptly perform all duties required by law in a competent and efficient manner.
(b) Use accepted appraisal practices and procedures in determining the fair market value of assets to be appraised.
(c) Employ necessary staff personnel to guarantee that all work is properly performed without unreasonable delay and be responsible for conformance to these standards by his or her staff.
(d) Not disclose an appraisal, finding or determination to a third party without permission of the Office of State Controller where appropriate or the attorney for the estate, and personal representative or surviving transferee, in cases of nonprobate property, unless required to do so by law.
(e) Obtain an advisory appraisal by a Referee of another county when:
(1) An interest in real property is located in such other county;
(2) Appraising an interest in a business entity (partnership, corporation, trust, etc.) owning an interest in real property in such other county when the Referee concludes that such property should be appraised in order to value the decedent's interest in the business entity. (The request for an advisory opinion should indicate the property's inclusion in a separate entity.)
If contiguous real property subject to (1) or (2) is located in two or more such counties, the advisory appraisal on the entire parcel shall be obtained from one Referee in any such county.
(3) An advisory opinion is not required if either:
(A) A parcel of real property is situated partly in the county of decedent's domicile and partly in an adjoining county;
(B) Consent to appraise the real property without an advisory appraisal is first obtained from all Inheritance Tax Referees of the county in which the real property is located;
(C) It appears from all available evidence that the value of the interest in the real property does not exceed $5,000; or
(D) The appraisal is a “reappraisal for purposes of sale” and the Inheritance Tax Referee is satisfied from all available information that the sale price is consistent with the prior appraisal and the sale is a bona fide sale.
Note: Reference: Section 14772, Revenue and Taxation Code.
This database is current through 5/10/24 Register 2024, No. 19.
Cal. Admin. Code tit. 18, § 14772.1, 18 CA ADC § 14772.1
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