Measure S Refund Application Process

Cannabis taxes taxedPress release from the County of Humboldt:

In light of the Court of Appeal’s decision in Silva v. County of Humboldt, taxpayers may submit an application for a potential full or partial refund of excise tax paid under Measure S between the years of 2017 through 2021.  In order for an application to be considered for a refund, taxpayers will need to provide documentation that they did not cultivate cannabis during the year they were assessed a tax, or that they cultivated an area that was different from that of their permit.

As a reminder, the 2016 Cannabis Cultivation Excise Tax passed by voters stated that “… each person engaged in legally authorized commercial marijuana cultivation within the unincorporated area of Humboldt County shall pay an annual tax of $1 per square foot of outdoor cultivation area, $2 per square foot of mixed-light cultivation area or $3 per square foot of indoor cultivation area.”

Taxpayers seeking a refund will need to submit an assessment appeal application, along with an additional form that is specific to the refund claim, to the Clerk of the Board’s Office. A separate application must be submitted for each year that a refund is sought, within 4 years from the date the tax was paid. The application and additional form are available on the Assessment Appeals Board’s website and at the Clerk of the Board’s Office.

County staff will review the application and documentation submitted by taxpayers, compare the information to available information, including but not limited to satellite imagery and state tax records, and will either pursue a stipulated settlement with the applicant or move the application directly to an assessment appeal hearing.

Please visit the Assessment Appeals Board’s website for the assessment appeal application and additional form, an FAQ sheet, and an example of how to fill out the assessment appeal application for a Measure S refund at: http://humboldtgov.org/AAB. Physical copies of the assessment appeal application and additional form are also available at the Clerk of the Board’s Office on the first floor of the Humboldt County Courthouse in Eureka.

Assessment Appeals Board Website

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Observant Local
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Observant Local
2 years ago

Every person that was extorted and forced to pay for square footage they did not cultivate should also get an interest payment on the money that was illegally collected. I think the same 10% penalty that the County charges those who pay late is fare. This was all done at John Ford’s direction along with the illegal satellite abatement that will soon also be deemed by the court to have been illegal and cost the County millions. Pack your bags John Ford, we do not want you demising Humboldt’s economy and our culture, you are not and will never be part of our community!

Hayforker
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Hayforker
2 years ago

Yes this is a epic mistake just like the abatements.

Warning to Trinity county planning and sheriff: Do NOT try the abatement process as proposed by TCSO or something similar to Humboldt’s abatements. It will be challenged and refunds will be due. Humboldt might be able to absorb the repayment of excise tax and abatements but Trinity will not. The budget is already too weak.

The trinity BOS can expect to mortgage the new jail (paid in part by cannabis license fees) if they proceed with the satellite based abatement.

Grow a brain
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Grow a brain
2 years ago

I say we should get a refund on our wages for our county government as well. They should have to give back there paychecks

Hayforker
Guest
Hayforker
2 years ago
Reply to  Grow a brain

Agreed, they should pay interest on refunded amounts.

VMG
Guest
VMG
2 years ago

Well, another fine mess by Humboldt County!

Remember:

Nepotism is the most commonly encountered form of Corruption. Corruption basically keeps Government afloat. The main corollary of Nepotism, is Incompetence.

The holy trinity, in Northern California, is actually:

Nepotism, Incompetence, and Corruption!

Thank you!

Third World County
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Third World County
2 years ago

The planning department has google earth. The same google earth they used to give out abatements can be used to give out refunds. It’s very simple, they just want to make it difficult for people to get a refund.

Hayforker
Guest
Hayforker
2 years ago

I don’t think they use Google earth. They use the imaging available on county GIS (updated monthly), but I believe they have access to real-time images (or images from within a short time frame.

No doubt they want to make it hard to refund. This plus the immoral and probably illegal abatement process may destroy the county budget. County was super greedy and they should be ashamed.

Draconian Doctrine
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Draconian Doctrine
2 years ago

The Planning Department has a Sophisticated Satellite Spy Program that watches each and every Humboldt County Parcel EVERY day of the year!!! Which is the first such program in the United States utilized to invade our private property rights. In fact John Ford was granted an award for his deceitful misrepresentation of the goals of the sat-spy abate program by the California State Association of Counties. This program was intended to go after the most aggregous of environmental cannabis violators but has time and time again been used to target Homesteads with no Cannabis present at all, costing innocent citizens thousands of dollars to challenge. Now they are using this program to target law abiding Permitted Cannabis Operators in the name of ongoing compliance when no complaints or violations have been observed. The expiration of the “Safe Homes Program” on 12/31/2022 will be the next catalyst for John Ford to come after each and every one of our already “SAFE” homes. Humboldt County needs to recognize that John Ford is NOT a Community Member and he is NOT an Asset to our Community. John Fords Responsibility is “protect public health, safety and welfare”, but the actions and policy that have been implemented during his tenure have achieved NONE of these goals. Our Community is in dire need to maintain a quality of life that will continue to erode under his direction. The Humboldt County Board of Supervisors needs to recognize what is going on under their directives and FIRE John Ford for his incompetence and short sited crusade in penalizing our Community. History is being written as we speak and Humboldt County will not fiscally survive as John Fords policies become challenged one by one. This County need to be run more like a business which protects the local economy and the safety and welfare of every citizen which resides within. Sorry John Ford but you are not welcome in our community. Take your draconian doctrine and pack you bags. Hopefully we can correct coarse and unravel your destruction before it’s too late.

Legallettuce
Guest
Legallettuce
2 years ago

lol, so, they have no idea if you grew or not. No way to cross reference the METC to taxed properties in today’s day an age. Enforcement however all systems are able to cross reference in order to abate your ass. Fuck legal!

Ullr Rover
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Ullr Rover
2 years ago

Taxation is still theft.

Willow Creeker
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Willow Creeker
2 years ago
Reply to  Ullr Rover

Taxes are the price we pay for civilization. Abatements are a bummer, but they pushed the prices back up to about double what they were in 2016/17. The illegal economy needed a check, that’s my unpopular opinion.

Amend measure S
Guest
Amend measure S
2 years ago

Measure S will need amended. It was a greedy pile-on by the County. End the excise tax adjustments for the Consumer Price Index. Tax rates haven’t been $1.00, $2.00, and $3.00 per sq.ft. for some time. It is now around $1.10, $2.20, and $3.30. this is wrong for several reasons.
1) the CPI is typically used to adjust BENEFITS to inflation so people don’t lose buying power after retirement, for instance.
2) Pot growers costs go up with inflation, yet weed prices are absolutely disconnected from inflation. Weed prices have been in a deflationary spiral as other states and counties join the fray, and production is increased.
3) the CPI adjustment is chicanery. Most Voters thought they were initiating a straight forward tax/fee structure. The adjustment sneaks tax increases through without a vote by citizens as required by law.
I’m not a tax lawyer, but I cannot find any other examples of a tax being adjusted by CPI. All references to it are related to benefit payments. Let us hear about any other normal use of the CPI for taxation.
Can we adjust our refund using the CPI? If I payed $5,000 more than fair in 2017, can I add 10% since inflation occurred since I was overcharged? Get my money back in today’s value?

Robin Hood's Nemesis
Guest
Robin Hood's Nemesis
2 years ago

Tax the poor to feed the rich, it’s the American way