CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 647Introduced by Assembly Member ReyesFebruary 14, 2017 An act to amend Section 12977 of the Revenue and Taxation, relating to taxation. LEGISLATIVE COUNSEL'S DIGESTAB 647, as introduced, Reyes. Insurance taxation.Existing law imposes various taxes, including a tax at a specified rate on the gross premiums of an insurer, as defined, administered in part by the State Board of Equalization. Existing law provides that, if the board determines that any tax, interest, or penalty has been paid more than once or has been erroneously or illegally collected or computed, the board shall set forth that fact in its records of the board, certify the amount of the taxes, interest, or penalties collected in excess of what was legally due, and from whom they were collected or by whom paid and certify the excess to the Controller for credit or refund.This bill would make a nonsubstantive change to that provision.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 12977 of the Revenue and Taxation Code is amended to read:12977. (a) If the board determines that any tax, interest, or penalty has been paid more than once or has been erroneously or illegally collected or computed, the board shall set forth that fact in its records of the board, certify the amount of the taxes, interest, or penalties collected in excess of what was legally due, and from whom they were collected or by whom paid, paid and certify the excess to the Controller for credit or refund.(b) The Controller upon receipt of a certification for credit or refund shall credit the excess on any amounts then due and payable from the insurer or surplus line broker under this part and refund the balance.(c) Any proposed determination by the board pursuant to this section with respect to an amount in excess of fifty thousand dollars ($50,000) shall be available as a public record for at least 10 days prior to the effective date of that determination.(d) This section shall become operative on July 1, 2013.
CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 647Introduced by Assembly Member ReyesFebruary 14, 2017 An act to amend Section 12977 of the Revenue and Taxation, relating to taxation. LEGISLATIVE COUNSEL'S DIGESTAB 647, as introduced, Reyes. Insurance taxation.Existing law imposes various taxes, including a tax at a specified rate on the gross premiums of an insurer, as defined, administered in part by the State Board of Equalization. Existing law provides that, if the board determines that any tax, interest, or penalty has been paid more than once or has been erroneously or illegally collected or computed, the board shall set forth that fact in its records of the board, certify the amount of the taxes, interest, or penalties collected in excess of what was legally due, and from whom they were collected or by whom paid and certify the excess to the Controller for credit or refund.This bill would make a nonsubstantive change to that provision.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION
Assembly Bill No. 647
Introduced by Assembly Member ReyesFebruary 14, 2017
Introduced by Assembly Member Reyes
February 14, 2017
An act to amend Section 12977 of the Revenue and Taxation, relating to taxation.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 647, as introduced, Reyes. Insurance taxation.
Existing law imposes various taxes, including a tax at a specified rate on the gross premiums of an insurer, as defined, administered in part by the State Board of Equalization. Existing law provides that, if the board determines that any tax, interest, or penalty has been paid more than once or has been erroneously or illegally collected or computed, the board shall set forth that fact in its records of the board, certify the amount of the taxes, interest, or penalties collected in excess of what was legally due, and from whom they were collected or by whom paid and certify the excess to the Controller for credit or refund.This bill would make a nonsubstantive change to that provision.
Existing law imposes various taxes, including a tax at a specified rate on the gross premiums of an insurer, as defined, administered in part by the State Board of Equalization. Existing law provides that, if the board determines that any tax, interest, or penalty has been paid more than once or has been erroneously or illegally collected or computed, the board shall set forth that fact in its records of the board, certify the amount of the taxes, interest, or penalties collected in excess of what was legally due, and from whom they were collected or by whom paid and certify the excess to the Controller for credit or refund.
This bill would make a nonsubstantive change to that provision.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 12977 of the Revenue and Taxation Code is amended to read:12977. (a) If the board determines that any tax, interest, or penalty has been paid more than once or has been erroneously or illegally collected or computed, the board shall set forth that fact in its records of the board, certify the amount of the taxes, interest, or penalties collected in excess of what was legally due, and from whom they were collected or by whom paid, paid and certify the excess to the Controller for credit or refund.(b) The Controller upon receipt of a certification for credit or refund shall credit the excess on any amounts then due and payable from the insurer or surplus line broker under this part and refund the balance.(c) Any proposed determination by the board pursuant to this section with respect to an amount in excess of fifty thousand dollars ($50,000) shall be available as a public record for at least 10 days prior to the effective date of that determination.(d) This section shall become operative on July 1, 2013.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 12977 of the Revenue and Taxation Code is amended to read:12977. (a) If the board determines that any tax, interest, or penalty has been paid more than once or has been erroneously or illegally collected or computed, the board shall set forth that fact in its records of the board, certify the amount of the taxes, interest, or penalties collected in excess of what was legally due, and from whom they were collected or by whom paid, paid and certify the excess to the Controller for credit or refund.(b) The Controller upon receipt of a certification for credit or refund shall credit the excess on any amounts then due and payable from the insurer or surplus line broker under this part and refund the balance.(c) Any proposed determination by the board pursuant to this section with respect to an amount in excess of fifty thousand dollars ($50,000) shall be available as a public record for at least 10 days prior to the effective date of that determination.(d) This section shall become operative on July 1, 2013.
SECTION 1. Section 12977 of the Revenue and Taxation Code is amended to read:
### SECTION 1.
12977. (a) If the board determines that any tax, interest, or penalty has been paid more than once or has been erroneously or illegally collected or computed, the board shall set forth that fact in its records of the board, certify the amount of the taxes, interest, or penalties collected in excess of what was legally due, and from whom they were collected or by whom paid, paid and certify the excess to the Controller for credit or refund.(b) The Controller upon receipt of a certification for credit or refund shall credit the excess on any amounts then due and payable from the insurer or surplus line broker under this part and refund the balance.(c) Any proposed determination by the board pursuant to this section with respect to an amount in excess of fifty thousand dollars ($50,000) shall be available as a public record for at least 10 days prior to the effective date of that determination.(d) This section shall become operative on July 1, 2013.
12977. (a) If the board determines that any tax, interest, or penalty has been paid more than once or has been erroneously or illegally collected or computed, the board shall set forth that fact in its records of the board, certify the amount of the taxes, interest, or penalties collected in excess of what was legally due, and from whom they were collected or by whom paid, paid and certify the excess to the Controller for credit or refund.(b) The Controller upon receipt of a certification for credit or refund shall credit the excess on any amounts then due and payable from the insurer or surplus line broker under this part and refund the balance.(c) Any proposed determination by the board pursuant to this section with respect to an amount in excess of fifty thousand dollars ($50,000) shall be available as a public record for at least 10 days prior to the effective date of that determination.(d) This section shall become operative on July 1, 2013.
12977. (a) If the board determines that any tax, interest, or penalty has been paid more than once or has been erroneously or illegally collected or computed, the board shall set forth that fact in its records of the board, certify the amount of the taxes, interest, or penalties collected in excess of what was legally due, and from whom they were collected or by whom paid, paid and certify the excess to the Controller for credit or refund.(b) The Controller upon receipt of a certification for credit or refund shall credit the excess on any amounts then due and payable from the insurer or surplus line broker under this part and refund the balance.(c) Any proposed determination by the board pursuant to this section with respect to an amount in excess of fifty thousand dollars ($50,000) shall be available as a public record for at least 10 days prior to the effective date of that determination.(d) This section shall become operative on July 1, 2013.
12977. (a) If the board determines that any tax, interest, or penalty has been paid more than once or has been erroneously or illegally collected or computed, the board shall set forth that fact in its records of the board, certify the amount of the taxes, interest, or penalties collected in excess of what was legally due, and from whom they were collected or by whom paid, paid and certify the excess to the Controller for credit or refund.
(b) The Controller upon receipt of a certification for credit or refund shall credit the excess on any amounts then due and payable from the insurer or surplus line broker under this part and refund the balance.
(c) Any proposed determination by the board pursuant to this section with respect to an amount in excess of fifty thousand dollars ($50,000) shall be available as a public record for at least 10 days prior to the effective date of that determination.
(d) This section shall become operative on July 1, 2013.