California Assembly Bill AB2102 Introduced / Bill

 BILL NUMBER: AB 2102INTRODUCED BILL TEXT INTRODUCED BY Assembly Member Hill FEBRUARY 23, 2012 An act to amend Section 6563 of the Revenue and Taxation Code, relating to taxation. LEGISLATIVE COUNSEL'S DIGEST AB 2102, as introduced, Hill. State Board of Equalization: determination. The State Board of Equalization, if not satisfied with a return or the amount of tax, may compute and determine the amount required to be paid, as specified. A person against whom a determination is made may petition for a redetermination. The board may decrease or increase the amount of the determination, as provided. This bill would make technical, nonsubstantive changes to this provision. Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 6563 of the Revenue and Taxation Code is amended to read: 6563. (a) The board may decrease or increase the amount of the determination before it becomes final, but the amount may be increased only if a claim for the increase is asserted by the board at or before the hearing. Unless the penalty imposed by Section 6485 or Section 6514 applies to the amount of the determination as originally made or as increased, the claim for increase must be asserted during  one   either  of the following applicable periods: (1) In the case of  any   a  taxpayer whose reported gross receipts and total sales price of property sold or purchased by him or her is less than ten million dollars ($10,000,000) in each calendar quarter of the period or periods to which the determination applies, within three years after the first deficiency determination or within three years after the time tax records requested by the board were made available, whichever is later. (2) In the case of any other taxpayer, within eight years after the first deficiency determination or within eight years after the time tax records requested by the board were made available, whichever is later. (b) If the taxpayer and the board mutually agree, the time limits specified in subdivision (a) may be waived. (c) The board shall specify the information on which it bases its increase.