Tuesday, October 2, 2012

Senator Ted Gaines - opposing the fire tax

I’ve written much about my opposition to the illegal fire tax over the past year. I attempted to fight it through a referendum and legislation as my rural district includes nearly 20 percent of the state’s homeowners who are subject to the fee. My office has been flooded with calls from constituents upset over the fire tax bills that have been arriving in their mailboxes and I want to share some helpful information about how to protest it.

I am supporting the Howard Jarvis Taxpayers Association (HJTA) who will be filing a lawsuit to challenge the constitutionality of the tax and seeking refunds for people who have filed a “Petition for Redetermination” with the responsible agencies.

Even though the tax was illegally passed, rural Californians are required to pay it within 30 days of the date of the bill. Pay close attention to the due date! If you are late, steep penalties and interest are compounded monthly. Moreover, the fee is a lien on your property, and failure to pay can result in foreclosure.

Residents can officially protest the tax by sending the payment as soon as possible with the “Petition for Redetermination” form. For additional information about challenging the fee and claiming a refund, and to download the appropriate form, visit www.firetaxprotest.org – a website sponsored by the HJTA. For those who need assistance, please call my office at (916) 783-8232.

It is recommended that you write “paid under protest” in the memo line of your check. Also, make a copy of the check so that you can enclose it with your “Petition for Redetermination” form as proof of payment.

If the Howard Jarvis Taxpayers Association is successful in their lawsuit, the court may order refunds. To qualify for a refund you must have paid your bill and filed a “Petition for Redetermination.”

The answer to fire protection in California is not illegal taxes but budgets that invest in core government services that protect every citizen in the state – rural, urban or suburban. I look forward to seeing the tax overturned by the HJTA’s lawsuit.