| 1 | | - | Senate Bill No. 1528 CHAPTER 499An act to amend Sections 6486, 6487, 6487.05, 6487.06, 6487.1, 6487.2, 6487.3, 6488, 6515, 6539, 6566, 6597, 6701, 6829, 6964, 7671, 7675, 7675.1, 7676, 8174, 8781, 8782, 8782.1, 8783, 8805, 8829, 8853, 8855, 8951, 9184, 12951, 12977, 30206, 30207, 30207.1, 30208, 30225, 30243, 30244, 30263, 30265, 30384, 32202, 32271, 32272, 32272.1, 32273, 32291, 32306, 32312, 32387, 32432.5, 32452, 38416, 38417, 38418, 38419, 38425, 38434, 38447, 38501, 38624, 40005, 40076, 40077, 40078, 40079, 40085, 40097, 41075, 41076, 41077, 41078, 41084, 41091, 43007, 43155.01, 43201, 43201.01, 43202, 43203, 43204, 43307, 43351, 43484, 43507.5, 45007, 45201, 45202, 45203, 45307, 45352, 45752, 46009, 46202, 46203, 46204, 46205, 46255, 46302, 46357, 46544, 50106, 50113, 50113.1, 50113.2, 50120, 50120.2, 50150.5, 55061, 55062, 55063, 55064, 55087, 55102, 55262.5, 60311, 60315, 60316, 60317, 60340, and 60564 of, and to add Sections 6471.6 and 60014 to, the Revenue and Taxation Code, relating to taxation. [ Approved by Governor September 22, 2024. Filed with Secretary of State September 22, 2024. ] LEGISLATIVE COUNSEL'S DIGESTSB 1528, Committee on Revenue and Taxation. California Department of Tax and Fee Administration.(1) The California Department of Tax and Fee Administration (CDTFA) administers various taxes, fees, and surcharges, including, among others, the Sales and Use Tax Law, the Motor Vehicle Fuel Tax Law, the Use Fuel Tax Law, the Cigarette and Tobacco Products Tax Law, the Timber Yield Tax Law, the Energy Resources Surcharge Law, the Emergency Telephone Users Surcharge Act, the Hazardous Substances Tax Law, the Integrated Waste Management Fee Law, the Oil Spill Response, Prevention, and Administration Fees Law, the Underground Storage Tank Maintenance Fee Law, the Diesel Fuel Tax Law, and various taxes and fees collected in accordance with the Fee Collections Procedures Law.Existing law authorizes the CDTFA, for purposes of the laws described above, if it is not satisfied with a return or the amount required to be paid to the state by specified taxpayers and feepayers, to compute and determine the amount required to be paid, as specified. Existing law requires the CDTFA to give taxpayers or feepayers written notice of its determination and serve the notice in specified manners, including by personal service.This bill would additionally authorize the CDTFA to serve the above-described notice by delivering the notice electronically via secure transmission in specified circumstances. The bill would make conforming changes to these provisions.(2) Existing law, the Alcoholic Beverage Tax Law, administered by the State Board of Equalization (BOE), imposes an excise tax upon all beer and wine sold in this state, as provided, on beer manufacturers, winegrowers, importers, or sellers of beer or wine that sell beer or wine on which no tax has been paid. That law authorizes the BOE, if it is not satisfied with a return or the amount required to be paid to the state by a taxpayer, to compute and determine the amount required to be paid, as specified. Existing law requires the BOE to give taxpayers written notice of its determination and serve the notice in specified manners, including by personal service. This bill would authorize the BOE to serve the above-described notice by delivering the notice electronically via secure transmission in specified circumstances. The bill would make additional conforming changes related to these provisions.(3) Existing law, the Sales and Use Tax Law, imposes on any person who knowingly collects sales tax reimbursement or use tax, and who fails to timely remit that sales tax reimbursement or use tax to the CDTFA, a penalty of 40% of the amount not timely remitted. Existing law exempts from that penalty any person whose liability for the unremitted sales tax reimbursement or use tax averages $1,000 or less per month or does not exceed 5% of the total amount of tax liability for which the tax reimbursement was collected for the period in which tax was due, as specified.This bill, for determinations made on or after January 1, 2025, would instead exempt from that penalty any person whose liability for the unremitted sales tax reimbursement or use tax averages $1,500 or less per month or does not exceed 25% of the total amount of tax liability for which the tax reimbursement was collected for the period in which tax was due.(4) The Sales and Use Tax Law provides that, under specified circumstances, the State Board of Equalization may require any person whose sales and use tax liability exceeds a specified amount to prepay that tax liability. This bill would authorize the CDTFA, in its discretion, to relieve any person from the requirements to make prepayments, as described above, if specified conditions apply. (5) The Hazardous Substances Tax Law requires a generator of hazardous waste to pay to the CDTFA a generation and handling fee for each generator site, as defined, that generates hazardous waste, as specified. That law imposes various penalties, including a penalty for failure to pay and a fee for failure to pay timely. This bill would clarify that audit determinations are excluded from the calculation of any penalties for failure to pay timely.(6) This bill would also make various technical and conforming changes, and would update references to the State Board of Equalization to instead refer to the CDTFA. Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 6471.6 is added to the Revenue and Taxation Code, to read:6471.6. The department, in its discretion, may relieve any person from the requirement to make prepayments pursuant to Section 6471 if both of the following apply:(a) The person is a dealer required to pay any sales or use tax, as applicable, to the Department of Motor Vehicles pursuant to Section 6295.(b) During the prior calendar year, more than 75 percent of the gross receipts of that person are from retail sales of motor vehicles required to be registered under the Vehicle Code, except for a recreational vehicle that is either truck-mounted, permanently towable on the highways without a permit, or a park trailer, as those terms are defined in Section 18010 of the Health and Safety Code.SEC. 2. Section 6486 of the Revenue and Taxation Code is amended to read:6486. The department shall give to the retailer or person storing, using, or consuming tangible personal property written notice of its determination. The notice shall be served in one of the following manners:(a) By placing the notice in a sealed envelope, with postage paid, addressed to the retailer or person storing, using, or consuming tangible personal property at their address as it appears in the records of the department. Service made pursuant to this subdivision shall be deemed complete at the time of the deposit of the notice in the United States Post Office, or a mailbox, sub-post office, substation, or mail chute, or other facility regularly maintained or provided by the United States Postal Service, without extension of time for any reason.(b) By personally delivering the notice to the person to be served. Service made pursuant to this subdivision is complete at the time of delivery. Personal service to a corporation may be made by delivery of a notice to any person designated in the Code of Civil Procedure to be served for the corporation with summons and complaint in a civil action.(c) (1) By delivering the notice electronically via secure transmission when either of the following applies:(A) The taxpayer requests the notice of determination to be sent electronically via secure transmission.(B) The department has evidence that the taxpayer no longer receives mail at the address of record and has previously provided an address for electronic mail.(2) Service provided pursuant to paragraph (1) shall be deemed complete at the time the department electronically transmits the notice via the taxpayers secure web portal, without extension of time for any reason.SEC. 3. Section 6487 of the Revenue and Taxation Code is amended to read:6487. (a) For taxpayers filing returns, other than a return filed pursuant to Section 6452.1, on other than an annual basis, except in the case of fraud, intent to evade this part or authorized rules and regulations, or failure to make a return, every notice of a deficiency determination shall be served within three years after the last day of the calendar month following the quarterly period for which the amount is proposed to be determined or within three years after the return is filed, whichever period expires the later. In the case of failure to make a return, every notice of determination shall be served within eight years after the last day of the calendar month following the quarterly period for which the amount is proposed to be determined.(b) For taxpayers filing returns on an annual basis, except in the case of fraud, intent to evade this part or authorized rules and regulations, or failure to make a return, every notice of a deficiency determination shall be served within three years after the last day of the calendar month following the one-year period for which the amount is proposed to be determined or within three years after the return is filed, whichever period expires the later. In the case of failure to make a return, every notice of determination shall be served within eight years after the last day of the calendar month following the one-year period for which the amount is proposed to be determined.(c) The limitation specified in this section does not apply in case of a sales tax proposed to be determined with respect to sales of property for the storage, use, or other consumption of which notice of a deficiency determination has been or is served pursuant to subdivision (a) or (b) or pursuant to Section 6486, 6515, or 6536. The limitation specified in this section does not apply in case of an amount of use tax proposed to be determined with respect to storage, use, or other consumption of property for the sale of which notice of a deficiency determination has been or is served pursuant to subdivision (a) or (b) or pursuant to Section 6486, 6515, or 6536.SEC. 4. Section 6487.05 of the Revenue and Taxation Code is amended to read:6487.05. (a) Notwithstanding Section 6487, the period during which a deficiency determination may be served to a qualifying retailer is limited to three years after the last day of the calendar month following the quarterly period for which the amount is proposed to be determined. For purposes of this section, a qualifying retailer is a retailer that meets all of the following conditions:(1) The retailer is located outside this state, and has not previously registered with the department.(2) The retailer is engaged in business in this state, as defined in Section 6203.(3) The retailer voluntarily registers with the department.(4) The retailer has not been previously contacted by the department or its agents regarding the provisions of Section 6203.(5) As determined by the department, the retailers failure to file a return or failure to report or pay the tax or amount due required by law was due to reasonable cause and was not a result of negligence or intentional disregard of the law, or because of fraud or an intent to evade the provisions of this part.(b) If the department or its designee finds that the retailers failure to make a timely return or payment is due to reasonable cause and circumstances beyond the retailers control, and occurred notwithstanding the exercise of ordinary care and the absence of willful neglect, the retailer shall be relieved of the penalties imposed pursuant to this part. Any retailer seeking relief of penalty shall file a statement under penalty of perjury setting forth the facts upon which they base their claim for relief.SEC. 5. Section 6487.06 of the Revenue and Taxation Code is amended to read:6487.06. (a) Notwithstanding Section 6487, the period during which a deficiency determination may be served to a qualifying purchaser is limited to three years after the last day of the calendar month following the quarterly period for which the amount is proposed to be determined.(b) For purposes of this section, a qualifying purchaser is a person that voluntarily files an individual use tax return for tangible personal property that is purchased from a retailer outside of this state for storage, use, or other consumption in this state, and that meets all of the following conditions:(1) The purchaser resides or is located within this state and has not previously done any of the following:(A) Registered with the department.(B) Filed an individual use tax return with the department.(C) Reported an amount on their individual California income tax return.(2) The purchaser is not engaged in business in this state as a retailer, as defined in Section 6015.(3) The purchaser has not been contacted by the department regarding failure to report the use tax imposed by Section 6202.(4) The department has made a determination that the purchasers failure to file an individual use tax return or to otherwise report or pay the use tax imposed by Section 6202 was due to reasonable cause and was not caused by reason of negligence, intentional disregard of the law, or by an intent to evade the taxes imposed by this part.(c) If the department makes a determination that the purchasers failure to timely report or remit the taxes imposed by this part is due to reasonable cause or due to circumstances beyond the purchasers control, the purchaser may be relieved of any penalties imposed by this part. Any purchaser seeking relief from penalties imposed by this part shall file a statement, signed under penalty of perjury, setting forth the facts that form the basis for the claim for relief.(d) This section shall not apply to purchases of vehicles, vessels, or aircraft as defined in Article 1 (commencing with Section 6271) of Chapter 3.5.SEC. 6. Section 6487.1 of the Revenue and Taxation Code is amended to read:6487.1. In the case of a deficiency arising under this part during the lifetime of a decedent, a notice of deficiency determination shall be served within four months after written request therefor, in the form required by the department, by the fiduciary of the estate or trust or by any other person liable for the tax or any portion thereof.SEC. 7. Section 6487.2 of the Revenue and Taxation Code is amended to read:6487.2. (a) A notice of determination issued pursuant to Section 6486, 6515, or 6536 to an individual who was a general partner, as shown on the departments records, and who, prior to the period covered by the determination, withdrew from the partnership, causing a change in ownership, and failed to notify the department, shall be served within four years after the last day of the calendar month following the quarterly period in which the change of ownership occurred.(b) An individual who was a general partner, as shown on the departments records, who withdraws from a partnership without notifying the department of the change in ownership, shall not be liable for any unpaid, self-assessed liability of the partnership that becomes due at least three years after the last day of the calendar month following the quarterly period in which the change in ownership occurred.(c) Subdivisions (a) and (b) shall not apply to either of the following:(1) Cases of fraud or intent to evade this part or other administrative or interpretive regulations.(2) Any partners who retain an ownership interest in a corporation that is a successor to the partnership.(d) For purposes of this part, change in ownership means that a new person, as defined in Section 6005, is created by the action of the former owner by means of a sale, an incorporation, an addition or elimination of one or more partners, or the termination of a spouses ownership or community property interest due to legal separation or divorce.(e) For purposes of this section, individual includes only natural persons.SEC. 8. Section 6487.3 of the Revenue and Taxation Code is amended to read:6487.3. (a) (1) For persons that elect to report qualified use tax in accordance with Section 6452.1, except in the case of fraud, intent to avoid this part or authorized rules and regulations issued by the department, or the gross understatement of qualified use taxes, every notice of a deficiency determination with respect to the qualified use tax shall be served within three years after the last day for which an acceptable tax return is due or filed, whichever occurs later.(2) In the case of a gross understatement of qualified use tax, every notice of a deficiency determination with respect to the qualified use tax shall be served within six years after the last day for which an acceptable tax return is due or filed, whichever occurs later.(3) For purposes of this subdivision, a gross understatement of qualified use tax is a deficiency that is in excess of 25 percent of the amount of qualified use tax reported on a persons acceptable tax return. In the case of married individuals filing separate California personal income tax returns, the total amount of qualified use tax reported will be considered in determining whether there is a gross understatement of qualified use tax.(4) For purposes of this section, acceptable tax return means a timely filed original return that is filed pursuant to Article 1 (commencing with Section 18501), Article 2 (commencing with Section 18601), Section 18633, Section 18633.5 of Chapter 2 (commencing with Section 18501) of Part 10.2, or Article 3 (commencing with Section 23771) of Chapter 4 of Part 11.(b) This section applies to reporting of purchases of tangible personal property made on or after January 1, 2010, in taxable years beginning on or after January 1, 2010.SEC. 9. Section 6488 of the Revenue and Taxation Code is amended to read:6488. If before the expiration of the time prescribed in Section 6487 for serving a notice of deficiency determination the taxpayer has consented in writing to service of the notice after such time, the notice may be served at any time prior to the expiration of the period agreed upon. The period so agreed upon may be extended by subsequent agreements in writing made before the expiration of the period previously agreed upon.SEC. 10. Section 6515 of the Revenue and Taxation Code is amended to read:6515. Promptly after making its determination, the department shall give to the person written notice of the estimate, determination, and penalty, the notice to be served in the manner prescribed for service of notice of a deficiency determination.SEC. 11. Section 6539 of the Revenue and Taxation Code is amended to read:6539. Any notice required by this article shall be served in the manner prescribed for service of notice of a deficiency determination.SEC. 12. Section 6566 of the Revenue and Taxation Code is amended to read:6566. Any notice required by this article shall be served in the manner prescribed for service of notice of a deficiency determination.SEC. 13. Section 6597 of the Revenue and Taxation Code is amended to read:6597. (a) (1) Any person who knowingly collects sales tax reimbursement, as defined in Section 1656.1 of the Civil Code, or who knowingly collects use tax pursuant to Chapter 3 (commencing with Section 6201), and who fails to timely remit that sales tax reimbursement or use tax to the California Department of Tax and Fee Administration, shall be liable for a penalty of 40 percent of the amount not timely remitted.(2) (A) This subdivision shall not apply to any person whose liability for the unremitted sales tax reimbursement or use tax described in paragraph (1) averages one thousand five hundred dollars ($1,500) or less per month or does not exceed 25 percent of the total amount of tax liability for which the sales tax reimbursement or use tax was collected for the period in which tax was due, whichever is greater.(B) If a persons failure to make a timely remittance of sales tax reimbursement or use tax is due to a reasonable cause or circumstances beyond the persons control, and occurred notwithstanding the exercise of ordinary care and the absence of willful neglect, the person shall be relieved of the penalty imposed by this subdivision.(b) For purposes of this section:(1) Reasonable cause or circumstances beyond the persons control includes, but is not limited to, any of the following:(A) The occurrence of a death or serious illness of the person or the persons next of kin that caused the persons failure to make a timely remittance.(B) The occurrence of an emergency, as defined in Section 8558 of the Government Code that caused the persons failure to make a timely remittance.(C) A natural disaster or other catastrophe directly affecting the business operations of the person that caused the persons failure to make a timely remittance.(D) The California Department of Tax and Fee Administration failed to send returns or other information to the correct address of record, that caused the persons failure to make a timely remittance.(E) The persons failure to make a timely remittance occurred only once over a three-year period, or once during the period in which the person was engaged in business, whichever time period is shorter.(F) The person voluntarily corrected errors in remitting sales tax reimbursement or use tax collected that were made in previous reporting periods and remitted payment of the liability owed as a result of those errors prior to being contacted by the California Department of Tax and Fee Administration regarding possible errors or discrepancies.(2) Sales tax reimbursement shall also include any sales tax that is advertised, held out, or stated to the public or to any customer, directly or indirectly, that the tax or any part thereof will be assumed or absorbed by the retailer.(c) This section shall apply to any determination made by the California Department of Tax and Fee Administration pursuant to Article 2 (commencing with Section 6481), Article 3 (commencing with Section 6511), and Article 4 (commencing with Section 6536).(d) The amendments made by the act adding this subdivision shall apply to determinations made on or after January 1, 2025.SEC. 14. Section 6701 of the Revenue and Taxation Code is amended to read:6701. The department, whenever it deems it necessary to ensure compliance with this part, may require any person subject thereto, to place with it any security that the department may determine. Any security in the form of cash, government bonds, or insured deposits in banks or savings and loan institutions shall be held by the department in trust to be used solely in the manner provided by this section and Section 6815. The amount of the security shall be fixed by the department but, except as noted below, shall not be greater than twice the estimated average liability of persons filing returns for quarterly periods or three times the estimated average liability of persons required to file returns for monthly periods, determined in the manner that the department deems proper, or fifty thousand dollars ($50,000), whichever amount is the lesser. In case of a person who, pursuant to Section 6070 of this part, has been given notice of hearing to show cause why their permit or permits should not be revoked, or a person whose permit or permits has been revoked or suspended, the amount of the security shall not be greater than three times the average liability of persons filing returns for quarterly periods or five times the average liability of persons required to file returns for monthly periods, or fifty thousand dollars ($50,000), whichever amount is the lesser. The limitations herein provided apply regardless of the type of security placed with the department. The amount of the security may be increased or decreased by the department subject to the limitations herein provided. Security held by the department shall be released after a three-year period in which the person has filed all returns and paid all tax to the state or any amount of tax required to be collected and paid to the state within the time required. The department may sell the security at public auction if it becomes necessary to do so in order to recover any tax or any amount required to be collected, interest, or penalty due. Notice of the sale may be served upon the person who placed the security in the manner prescribed for service of a notice of a deficiency determination. Upon any sale, any surplus above the amounts due shall be returned to the person who placed the security.SEC. 15. Section 6829 of the Revenue and Taxation Code is amended to read:6829. (a) Upon the termination, dissolution, or abandonment of the business of a corporation, partnership, limited partnership, limited liability partnership, or limited liability company, any officer, member, manager, partner, or other person having control or supervision of, or who is charged with the responsibility for the filing of returns or the payment of tax, or who is under a duty to act for the corporation, partnership, limited partnership, limited liability partnership, or limited liability company in complying with any requirement of this part, shall, notwithstanding any provision in the Corporations Code to the contrary, be personally liable for any unpaid taxes and interest and penalties on those taxes, if the officer, member, manager, partner, or other person willfully fails to pay or to cause to be paid any taxes due from the corporation, partnership, limited partnership, limited liability partnership, or limited liability company pursuant to this part.(b) The officer, member, manager, partner, or other person shall be liable only for taxes that became due during the period they had the control, supervision, responsibility, or duty to act for the corporation, partnership, limited partnership, limited liability partnership, or limited liability company described in subdivision (a), plus interest and penalties on those taxes.(c) Personal liability may be imposed pursuant to this section, only if the department can establish that the corporation, partnership, limited partnership, limited liability partnership, or limited liability company had included tax reimbursement in the selling price of, or added tax reimbursement to the selling price of, tangible personal property sold in the conduct of its business, or when it can be established that the corporation, partnership, limited partnership, limited liability partnership, or limited liability company consumed tangible personal property and failed to pay the tax to the seller or has included use tax on the billing and collected the use tax or has issued a receipt for the use tax and failed to report and pay use tax.(d) For purposes of this section, willfully fails to pay or to cause to be paid means that the failure was the result of an intentional, conscious, and voluntary course of action.(e) Except as provided in subdivision (f), the sum due for the liability under this section may be collected by determination and collection in the manner provided in Chapter 5 (commencing with Section 6451) and Chapter 6 (commencing with Section 6701).(f) A notice of deficiency determination under this section shall be served within three years after the last day of the calendar month following the quarterly period in which the department obtains actual knowledge, through its audit or compliance activities, or by written communication by the business or its representative, of the termination, dissolution, or abandonment of the business of the corporation, partnership, limited partnership, limited liability partnership, or limited liability company, or, within eight years after the last day of the calendar month following the quarterly period in which the corporation, partnership, limited partnership, limited liability partnership, or limited liability company business was terminated, dissolved, or abandoned, whichever period expires earlier. If a business or its representative files a notice of termination, dissolution, or abandonment of its business with a state or local agency other than the department, this filing shall not constitute actual knowledge by the department under this section.SEC. 16. Section 6964 of the Revenue and Taxation Code is amended to read:6964. (a) Notwithstanding any other provision of this part, if the department finds that neither the person liable for payment of tax nor any party related to that person has in any way caused an erroneous refund for which an action for recovery is provided under Section 6961, no interest shall be imposed on the amount of that erroneous refund until 30 days after the date on which the department serves a notice of determination for repayment of the erroneous refund to the person. The act of filing a claim for refund shall not be considered as causing the erroneous refund.(b) This section is operative for any action for recovery under Section 6961 on or after July 1, 1999.SEC. 17. Section 7671 of the Revenue and Taxation Code is amended to read:7671. The department shall give the supplier written notice of its determination. The notice shall be served in one of the following manners:(a) By placing the notice in a sealed envelope, with postage paid, addressed to the supplier at the suppliers address as it appears in the records of the department. Service made pursuant to this subdivision shall be deemed complete at the time of the deposit of the notice in the United States Post Office, or a mailbox, sub-post office, substation, or mail chute, or other facility maintained or provided by the United States Postal Service, without extension of time for any reason.(b) By personally delivering the notice to the person to be served. Service made pursuant to this subdivision shall be deemed complete at the time of that delivery. Personal service to a corporation may be made by delivery of a notice to any person designated in the Code of Civil Procedure to be served for the corporation with summons and complaint in a civil action.(c) (1) By delivering the notice electronically via secure transmission when either of the following applies:(A) The taxpayer requests the notice of determination to be sent electronically via secure transmission.(B) The department has evidence that the taxpayer no longer receives mail at the address of record and has previously provided an address for electronic mail.(2) Service provided pursuant to paragraph (1) shall be deemed complete at the time the department electronically transmits the notice via the taxpayers secure web portal, without extension of time for any reason.SEC. 18. Section 7675 of the Revenue and Taxation Code is amended to read:7675. Except in the case of fraud, intent to evade this part or authorized rules and regulations, or failure to make a return, every notice of a deficiency determination shall be given to the supplier within three years after the last day of the month following the monthly period for which the amount is proposed to be determined or within three years after the return is filed, whichever period expires the later. In the case of a failure to make a return the notice of determination shall be served within eight years after the date the return was due.SEC. 19. Section 7675.1 of the Revenue and Taxation Code is amended to read:7675.1. In the case of a deficiency arising under this part during the lifetime of a decedent, a notice of deficiency determination shall be served within four months after written request therefor, in the form required by the department, by the fiduciary of the estate or trust or by any other person liable for the tax or any portion thereof.SEC. 20. Section 7676 of the Revenue and Taxation Code is amended to read:7676. If, before the expiration of the time prescribed in Section 7675 for serving a notice of deficiency determination, the taxpayer has consented in writing to service of the notice after that time, the notice may be served at any time prior to the expiration of the period agreed upon. The period so agreed upon may be extended by subsequent agreements in writing made before the expiration of the period previously agreed upon.SEC. 21. Section 8174 of the Revenue and Taxation Code is amended to read:8174. (a) Notwithstanding any other provision of this part, if the department finds that neither the person liable for payment of tax nor any party related to that person has in any way caused an erroneous refund for which an action for recovery is provided under Section 8171, no interest shall be imposed on the amount of that erroneous refund until 30 days after the date on which the department serves a notice of determination for repayment of the erroneous refund to the person. The act of filing a claim for refund shall not be considered as causing the erroneous refund.(b) This section shall be operative for any action for recovery under Section 8171 on or after January 1, 2000.SEC. 22. Section 8781 of the Revenue and Taxation Code is amended to read:8781. The department shall give the user written notice of its determination. The notice shall be served in one of the following manners:(a) By placing the notice in a sealed envelope, with postage paid, addressed to the user at their address as it appears in the records of the department. Service made pursuant to this subdivision shall be deemed complete at the time of the deposit of the notice in the United States Post Office, or a mailbox, sub-post office, substation, or mail chute, or other facility maintained or provided by the United States Postal Service, without extension of time for any reason.(b) By personally delivering the notice to the person to be served. Service made pursuant to this subdivision shall be deemed complete at the time of such delivery. Personal service to a corporation may be made by delivery of a notice to any person designated in the Code of Civil Procedure to be served for the corporation with summons and complaint in a civil action.(c) (1) By delivering the notice electronically via secure transmission when either of the following applies:(A) The taxpayer requests the notice of determination to be sent electronically via secure transmission.(B) The department has evidence that the taxpayer no longer receives mail at the address of record and has previously provided an address for electronic mail.(2) Service provided pursuant to paragraph (1) shall be deemed complete at the time the department electronically transmits the notice via the taxpayers secure web portal, without extension of time for any reason.SEC. 23. Section 8782 of the Revenue and Taxation Code is amended to read:8782. Except in the case of fraud, intent to evade the tax, or failure to make a return, every notice of a deficiency determination shall be served within three years after the last day of the calendar month following the period for which the return was due or within three years after the return is filed, whichever period expires later. If the user fails to make a return, the notice of determination shall be served within eight years after the last day of the month following the period for which the return was due.SEC. 24. Section 8782.1 of the Revenue and Taxation Code is amended to read:8782.1. In the case of a deficiency arising under this part during the lifetime of a decedent, a notice of deficiency determination shall be served within four months after written request therefor, in the form required by the department, by the fiduciary of the estate or trust or by any other person liable for the tax or any portion thereof.SEC. 25. Section 8783 of the Revenue and Taxation Code is amended to read:8783. If before the expiration of the time prescribed in Section 8782 for serving a notice of deficiency determination the taxpayer has consented in writing to the service of the notice after such time, the notice may be served at any time prior to the expiration of the period agreed upon. The period so agreed upon may be extended by subsequent agreements in writing made before the expiration of the period previously agreed upon.SEC. 26. Section 8805 of the Revenue and Taxation Code is amended to read:8805. Promptly after making its determination the department shall give to the user written notice of its estimate and determination, the notice to be served in the manner prescribed for service of notice of a deficiency determination.SEC. 27. Section 8829 of the Revenue and Taxation Code is amended to read:8829. Any notice required by this article may be served in the manner prescribed for service of notice of a deficiency determination.SEC. 28. Section 8853 of the Revenue and Taxation Code is amended to read:8853. The order or decision of the department upon a petition for redetermination becomes final 30 days after serving of notice thereof.SEC. 29. Section 8855 of the Revenue and Taxation Code is amended to read:8855. Any notice required by this article shall be served in the manner prescribed for service of notice of a deficiency determination.SEC. 30. Section 8951 of the Revenue and Taxation Code is amended to read:8951. The department, whenever it deems it necessary to ensure compliance with this part or any rule or regulation adopted under this part, may require any user or vendor to deposit with it any security that it may determine. Any security in the form of cash, government bonds, or insured deposits in banks and savings and loan institutions shall be held by the department in trust to be used solely in the manner provided for by this section and Section 8956. The department may sell the security at public sale if it becomes necessary in order to recover any amount due under this part. Notice of the sale may be served upon the person who deposited the security in the manner prescribed for service of notice of a deficiency determination. Upon any sale, any surplus above the amount due shall be returned to the person who deposited the security.SEC. 31. Section 9184 of the Revenue and Taxation Code is amended to read:9184. (a) Notwithstanding any other provision of this part, if the department finds that neither the person liable for payment of tax nor any party related to that person has in any way caused an erroneous refund for which an action for recovery is provided under Section 9181, no interest shall be imposed on the amount of that erroneous refund until 30 days after the date on which the department serves a notice of determination for repayment of the erroneous refund to the person. The act of filing a claim for refund shall not be considered as causing the erroneous refund.(b) This section shall be operative for any action for recovery under Section 9181 on or after January 1, 2000.SEC. 32. Section 12951 of the Revenue and Taxation Code is amended to read:12951. (a) If any amount has been illegally assessed, the board shall set forth that fact in its records, certify the amount determined to be assessed in excess of the amount legally assessed and the insurer or surplus line broker against which the assessment was made, and authorize the cancellation of the amount upon the records of the Controller and the board. The board shall mail a notice to the insurer or surplus line broker of any cancellation authorized. Any 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 after the effective date of that determination.(b) This section shall become operative on July 1, 2013.SEC. 33. 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, 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 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 after the effective date of that determination.(d) This section shall become operative on July 1, 2013.SEC. 34. Section 30206 of the Revenue and Taxation Code is amended to read:30206. The department shall give the person written notice of its determination. The notice shall be served in one of the following manners:(a) By placing the notice in a sealed envelope, with postage paid, addressed to the person at their address as it appears in the records of the department. Service made pursuant to this subdivision shall be deemed complete at the time of deposit of the notice in the United States Post Office, or a mailbox, sub-post office, substation, or mail chute, or other facility regularly maintained or provided by the United States Postal Service, without extension of time for any reason.(b) By personally delivering the notice to the person to be served. Service made pursuant to this subdivision shall be deemed complete at the time of such delivery. Personal service to a corporation may be made by delivery of a notice to any person designated in the Code of Civil Procedure to be served for the corporation with summons and complaint in a civil action.(c) (1) By delivering the notice electronically via secure transmission when either of the following applies:(A) The taxpayer requests the notice of determination to be sent electronically via secure transmission.(B) The department has evidence that the taxpayer no longer receives mail at the address of record and has previously provided an address for electronic mail.(2) Service provided pursuant to paragraph (1) shall be deemed complete at the time the department electronically transmits the notice via the taxpayers secure web portal, without extension of time for any reason.SEC. 35. Section 30207 of the Revenue and Taxation Code is amended to read:30207. Except in the case of fraud, intent to evade the tax, or failure to make a report or return, every notice of a deficiency determination shall be served within three years after the 25th day of the month following the month for which the amount should have been paid or the report or return was due, or within three years after the report or return was filed, whichever period expires later. In the case of failure to make a report or return, the notice of determination shall be served within eight years after the date the report or return was due.SEC. 36. Section 30207.1 of the Revenue and Taxation Code is amended to read:30207.1. In the case of a deficiency arising under this part during the lifetime of a decedent, a notice of deficiency determination shall be served within four months after written request therefor, in the form required by the department, by the fiduciary of the estate or trust or by any other person liable for the tax or any portion thereof.SEC. 37. Section 30208 of the Revenue and Taxation Code is amended to read:30208. If before the expiration of the time prescribed in Section 30207 for serving a notice of deficiency determination the taxpayer has consented in writing to the service of the notice after such time, the notice may be served at any time prior to the expiration of the period agreed upon. The period so agreed upon may be extended by subsequent agreements in writing made before the expiration of the period previously agreed upon.SEC. 38. Section 30225 of the Revenue and Taxation Code is amended to read:30225. Promptly after making its determination the department shall give to the person written notice of its estimate and determination, and of the penalty, the notice to be served in the manner prescribed for service of notice of a deficiency determination.SEC. 39. Section 30243 of the Revenue and Taxation Code is amended to read:30243. The person against whom a jeopardy determination is made may petition for the redetermination thereof pursuant to Article 5 of this chapter. They shall, however, file the petition for redetermination with the department within 10 days after the service upon them of notice of the determination. The person shall at the time of filing the petition for redetermination deposit with the department such security as it may deem necessary to insure compliance with this part. The security may be sold by the department at public sale if it becomes necessary in order to recover any amount due under this part. Notice of the sale may be served upon the person who deposited the security in the same manner as prescribed for service of notice by Section 30206. Upon any such sale, the surplus, if any, above the amount due under this part shall be returned to the person who deposited the security.SEC. 40. Section 30244 of the Revenue and Taxation Code is amended to read:30244. Any notice required by this article may be served in the manner prescribed for service of notice of a deficiency determination.SEC. 41. Section 30263 of the Revenue and Taxation Code is amended to read:30263. The order or decision of the department upon a petition for redetermination becomes final 30 days after serving of notice thereof.SEC. 42. Section 30265 of the Revenue and Taxation Code is amended to read:30265. Any notice required by this article shall be served in the manner prescribed for service of notice of a deficiency determination.SEC. 43. Section 30384 of the Revenue and Taxation Code is amended to read:30384. (a) Notwithstanding any other provision of this part, if the department finds that neither the person liable for payment of tax nor any party related to that person has in any way caused an erroneous refund for which an action for recovery is provided under Section 30381, no interest shall be imposed on the amount of that erroneous refund until 30 days after the date on which the department serves a notice of determination for repayment of the erroneous refund to the person. The act of filing a claim for refund shall not be considered as causing the erroneous refund.(b) This section shall be operative for any action for recovery under Section 30381 on or after January 1, 2000.SEC. 44. Section 32202 of the Revenue and Taxation Code is amended to read:32202. An excise tax is levied on sales made in this state of distilled spirits by common carriers on board boats, trains, and airplanes, or by persons licensed to sell distilled spirits on board such boats, trains, and airplanes, at the same rates as set forth in Section 32201. On or before the first day of each month such common carriers and such other licensed persons shall forward to the board a report of the sales of distilled spirits so made in the calendar month preceding the previous calendar month, in such detail and form as the board may prescribe and shall be filed using electronic media together with a payment sufficient to pay the tax on the sales.SEC. 45. Section 32271 of the Revenue and Taxation Code is amended to read:32271. (a) If the board is dissatisfied with the return or returns filed or amount of tax paid to the state by any taxpayer, it may compute and determine the amount to be paid based upon any information available to it. One or more additional determinations may be made of the amount of tax due for one or for more than one period. The amount of tax so determined shall bear interest at the modified adjusted rate per month, or fraction thereof, established pursuant to Section 6591.5, from the 15th day after the close of the period for which the amount of the tax, or any portion thereof, should have been reported until the date of payment. In making a determination, the board may offset overpayment for a period or periods against underpayments for another period or periods and against the interest and penalties on the underpayments.(b) If any part of the deficiency for which a determination of an additional amount due is made is found to have been occasioned by negligence or intentional disregard of this part or authorized rules, a penalty of 10 percent of the amount of the determination shall be added, plus interest as above provided.(c) If any part of the deficiency for which a determination of an additional amount due is made is found to be occasioned by fraud or an intent to evade this part or authorized rules, a penalty of 25 percent of the amount of the determination shall be added, plus interest as above provided.(d) The board shall give to the taxpayer written notice of its determination. The notice shall be served in one of the following manners:(1) By placing the notice in a sealed envelope, with postage paid, addressed to the taxpayer at their address as it appears in the records of the board. Service made pursuant to this paragraph shall be deemed complete at the time of the deposit of the notice in the United States Post Office, or a mailbox, sub-post office, substation or mail chute or other facility regularly maintained or provided by the United States Postal Service without extension of time for any reason.(2) By personally delivering the notice to the person to be served. Service made pursuant to this paragraph shall be deemed complete at the time of delivery. Personal service to a corporation may be made by delivery of a notice to any person designated in the Code of Civil Procedure to be served for the corporation with summons and complaint in a civil action.(3) (A) By delivering the notice electronically via secure transmission when either of the following applies:(i) The taxpayer requests the notice of determination to be sent electronically via secure transmission.(ii) The board has evidence that the taxpayer no longer receives mail at the address of record and has previously provided an address for electronic mail.(B) Service provided pursuant to subparagraph (A) shall be deemed complete at the time the board electronically transmits the notice via the taxpayers secure web portal, without extension of time for any reason.SEC. 46. Section 32272 of the Revenue and Taxation Code is amended to read:32272. Except in the case of a fraud, intent to evade this part or authorized rules and regulations, or failure to make a return, every notice of a determination of an additional amount due shall be served within three years after the date when the amount should have been paid or the return was due, or within three years after the return was filed, whichever period expires later. In the case of failure to make a return, the notice of determination shall be served within eight years after the date the return was due.SEC. 47. Section 32272.1 of the Revenue and Taxation Code is amended to read:32272.1. In the case of a deficiency arising under this part during the lifetime of a decedent, a notice of deficiency determination shall be served within four months after written request therefor, in the form required by the board, by the fiduciary of the estate or trust or by any other person liable for the tax or any portion thereof.SEC. 48. Section 32273 of the Revenue and Taxation Code is amended to read:32273. If before the expiration of the time prescribed in Section 32272 for the serving of a notice of deficiency determination the taxpayer has consented in writing to the serving of the notice after such time, the notice may be served at any time prior to the expiration of the period agreed upon. The period so agreed upon may be extended by subsequent agreements in writing made before the expiration of the period previously agreed upon.SEC. 49. Section 32291 of the Revenue and Taxation Code is amended to read:32291. If any taxpayer fails to make a return required by this part, the board shall make an estimate, based upon any information available to it, for the period or periods with respect to which the taxpayer failed to make a return of all alcoholic beverages sold in this state by them. Upon the basis of this estimate the board shall compute and determine the amount required to be paid to the state, adding to the sum thus fixed a penalty equal to 10 percent thereof. One or more determinations may be made of the amount of tax due for one or for more than one period. The amount of tax so determined shall bear interest at the modified adjusted rate per month, or fraction thereof, established pursuant to Section 6591.5, from the 15th day of the month following the close of the period for which the amount of the tax, or any portion thereof, should have been returned until the date of payment. In making a determination the board may offset overpayments for a period or periods against underpayments for another period or periods and against interest and penalties on the underpayments. If any part of the deficiency for which a determination is made is due to negligence or intentional disregard of this part or authorized rules, an additional penalty of 10 percent of the amount of the determination shall be added. If the neglect or refusal of a taxpayer to file a return as required by this part was due to fraud or an intent to evade the tax, there shall be added to the tax a penalty equal to 25 percent thereof in addition to the 10 percent penalty. The board shall give to the taxpayer written notice of the estimate and determination, the notice to be served in the same manner as prescribed for service of notice by Section 32271.SEC. 50. Section 32306 of the Revenue and Taxation Code is amended to read:32306. Any notice required by this section shall be served in the same manner as prescribed for service of notice by Section 32271.SEC. 51. Section 32312 of the Revenue and Taxation Code is amended to read:32312. The taxpayer against whom a jeopardy determination is made may file a petition for the redetermination thereof, pursuant to Article 4 of this chapter, with the board within 10 days after the service upon them of notice of the determination, but they shall within the 10-day period deposit with the board such security as it deems necessary to insure compliance with the provisions of this part. The security may be sold by the board at public sale if it becomes necessary in order to recover any amount due under this part. Notice of the sale may be served upon the person who deposited the security in the same manner as prescribed for service of notice by Section 32271. Upon any such sale, the surplus, if any, above the amount due under this division shall be returned to the person who deposited the security.SEC. 52. Section 32387 of the Revenue and Taxation Code is amended to read:32387. (a) The board may, by notice of levy served personally, by first-class mail, or by electronic transmission or other electronic technology, require all persons having in their possession, or under their control, any payments, credits other than payments, or other personal property belonging to a taxpayer or other person liable for any amount under this part to withhold from these credits or other personal property the amount of any tax, interest, or penalties due from the taxpayer or other person, or the amount of any liability incurred by them under this part, and to transmit the amount withheld to the board at the time it may designate. The notice of levy shall have the same effect as a levy pursuant to a writ of execution except for the continuing effect of the levy, as provided in subdivision (b).(b) The person served shall continue to withhold pursuant to the notice of levy until the amount specified in the notice, including accrued interest, has been paid in full, until the notice is withdrawn, or until one year from the date the notice is received, whichever occurs first.(c) The amount required to be withheld is the lesser of the following:(1) The amount due stated on the notice.(2) The sum of both of the following:(A) The amount of the payments, credits other than payments, or personal property described above and under the persons possession or control when the notice of levy is served on the person.(B) The amount of each payment that becomes due following service of the notice of levy on the person and prior to the expiration of the levy.(d) For the purposes of this section, the term payments does not include earnings as that term is defined in subdivision (a) of Section 706.011 of the Code of Civil Procedure or funds in a deposit account as defined in paragraph (29) of subdivision (a) of Section 9102 of the Commercial Code. The term payments does include any of the following:(1) Payments due for services of independent contractors, dividends, rents, royalties, residuals, patent rights, or mineral or other natural rights.(2) Payments or credits due or becoming due periodically as a result of an enforceable obligation to the distributor, dealer, or other person liable for the tax.(3) Any other payments or credits due or becoming due the distributor, dealer, or other person liable as the result of written or oral contracts for services or sales whether denominated as wages, salary, commission, bonus, or otherwise.(e) In the case of a financial institution, to be effective, the notice shall state the amount due from the consumer and shall be delivered, mailed, or served by electronic transmission or other electronic technology, to the branch or office of the financial institution where the credits or other property is held, unless another branch or office is designated by the financial institution to receive the notice.SEC. 53. Section 32432.5 of the Revenue and Taxation Code is amended to read:32432.5. (a) Notwithstanding any other provision of this part, if the board finds that neither the person liable for payment of tax nor any party related to that person has in any way caused an erroneous refund for which an action for recovery is provided under Section 32431, no interest shall be imposed on the amount of that erroneous refund until 30 days after the date on which the board serves a notice of determination for repayment of the erroneous refund to the person. The act of filing a claim for refund shall not be considered as causing the erroneous refund.(b) This section shall be operative for any action for recovery under Section 32431 on or after January 1, 2000.SEC. 54. Section 32452 of the Revenue and Taxation Code is amended to read:32452. (a) In addition to any other reports or schedules required under this part, the board may, by rule and otherwise, require additional, other, or supplemental reports or schedules from alcoholic beverage licensees, common and private carriers, and other persons and prescribe the form, including verification, of the information to be given on, and the times for filing of, such additional, other, or supplemental reports or schedules.(b) Any reports or schedules required to be filed under this section shall be filed using electronic media. Reports shall be authenticated in a form or pursuant to methods as may be prescribed by the board.(c) The failure or refusal of any person to render the reports required under this section is a misdemeanor.SEC. 55. Section 38416 of the Revenue and Taxation Code is amended to read:38416. The department shall give to the person written notice of its determination. The notice shall be served in one of the following manners:(a) By placing the notice in a sealed envelope, with postage paid, addressed to the person at their address as it appears in the records of the department. Service made pursuant to this subdivision shall be deemed complete at the time of the deposit of the notice in the United States Post Office, or a mailbox, sub-post office, substation, or mail chute, or other facility regularly maintained or provided by the United States Postal Service, without extension of time for any reason.(b) By personally delivering the notice to the person to be served. Service made pursuant to this subdivision is complete at the time of delivery. Personal service to a corporation may be made by delivery of a notice to any person designated in the Code of Civil Procedure to be served for the corporation with summons and complaint in a civil action.(c) (1) By delivering the notice electronically via secure transmission when either of the following applies:(A) The taxpayer requests the notice of determination to be sent electronically via secure transmission.(B) The department has evidence that the taxpayer no longer receives mail at the address of record and has previously provided an address for electronic mail.(2) Service provided pursuant to paragraph (1) shall be deemed complete at the time the department electronically transmits the notice via the taxpayers secure web portal, without extension of time for any reason.SEC. 56. Section 38417 of the Revenue and Taxation Code is amended to read:38417. Except in the case of fraud, intent to evade this part or authorized rules and regulations, or failure to make a return, every notice of a deficiency determination shall be served within three years after the last day of the calendar month following the quarterly period for which the amount is proposed to be determined or within three years after the return is filed, whichever period expires the later. In the case of failure to make a return, every notice of determination shall be served within eight years after the last day of the calendar month following the quarterly period for which the amount is proposed to be determined.SEC. 57. Section 38418 of the Revenue and Taxation Code is amended to read:38418. In the case of a deficiency arising under this part during the lifetime of a decedent, a notice of deficiency determination shall be served within four months after written request therefor, in the form required by the department, by the fiduciary of the estate or trust or by any other person liable for the tax or any portion thereof.SEC. 58. Section 38419 of the Revenue and Taxation Code is amended to read:38419. If before the expiration of the time prescribed in Section 38417 for serving a notice of deficiency determination the taxpayer has consented in writing to the service of the notice after such time, the notice may be served at any time prior to the expiration of the period agreed upon. The period so agreed upon may be extended by subsequent agreements in writing made before the expiration of the period previously agreed upon.SEC. 59. Section 38425 of the Revenue and Taxation Code is amended to read:38425. Promptly after making its determination the department shall give to the person written notice of the estimate, determination, and penalty, the notice to be served in the manner prescribed for service of notice of a deficiency determination.SEC. 60. Section 38434 of the Revenue and Taxation Code is amended to read:38434. Any notice required by this article shall be served in the manner prescribed for service of notice of a deficiency determination.SEC. 61. Section 38447 of the Revenue and Taxation Code is amended to read:38447. Any notice required by this article shall be served in the manner prescribed for service of notice of a deficiency determination.SEC. 62. Section 38501 of the Revenue and Taxation Code is amended to read:38501. The department, whenever it deems it necessary to ensure compliance with this part, may require any person subject thereto, to place with it such security as the department may determine. Any security in the form of cash, government bonds, or insured deposits in banks or savings and loan institutions shall be held by the department in trust to be used solely in the manner provided by this section and Section 38565. The amount of the security shall be fixed by the department but, except as noted below, shall not be greater than twice the estimated average liability of persons filing returns for quarterly periods or three times the estimated average liability of persons required to file returns for monthly periods, determined in such manner as the department deems proper, or ten thousand dollars ($10,000), whichever amount is the lesser. The limitations herein provided apply regardless of the type of security placed with the department. The amount of the security may be increased or decreased by the department subject to the limitations herein provided. The department may sell the security at public auction if it becomes necessary to do so in order to recover any tax or any amount required to be collected, interest, or penalty due. Notice of the sale may be served upon the person who placed the security in the manner prescribed for service of a notice of a deficiency determination. Security in the form of a bearer bond issued by the United States or the State of California which has a prevailing market price may, however, be sold by the department at private sale at a price not lower than the prevailing market price thereof. Upon any sale any surplus above the amounts due shall be returned to the person who placed the security.SEC. 63. Section 38624 of the Revenue and Taxation Code is amended to read:38624. (a) Notwithstanding any other provision of this part, if the department finds that neither the person liable for payment of tax nor any party related to that person has in any way caused an erroneous refund for which an action for recovery is provided under Section 38621, no interest shall be imposed on the amount of that erroneous refund until 30 days after the date on which the department serves a notice of determination for repayment of the erroneous refund to the person. The act of filing a claim for refund shall not be considered as causing the erroneous refund.(b) This section shall be operative for any action for recovery under Section 38621 on or after January 1, 2000.SEC. 64. Section 40005 of the Revenue and Taxation Code is amended to read:40005. Board or department means the California Department of Tax and Fee Administration.SEC. 65. Section 40076 of the Revenue and Taxation Code is amended to read:40076. The department shall give to the electric utility or person consuming electrical energy written notice of its determination. The notice shall be served in one of the following manners:(a) By placing the notice in a sealed envelope with postage paid addressed to the electric utility or person consuming electrical energy at their address as it appears in the records of the department. Service made pursuant to this subdivision shall be deemed complete at the time of the deposit of the notice in the United States Post Office, or a mailbox, sub-post office, substation, or mail chute, or other facility regularly maintained or provided by the United States Postal Service, without extension of time for any reason.(b) By personally delivering the notice to the person to be served. Service made pursuant to this subdivision shall be deemed complete at the time of such delivery. Personal service to a corporation may be made by delivery of a notice to any person designated in the Code of Civil Procedure to be served for the corporation with summons and complaint in a civil action.(c) (1) By delivering the notice electronically via secure transmission when either of the following applies:(A) The feepayer requests the notice of determination to be sent electronically via secure transmission.(B) The department has evidence that the feepayer no longer receives mail at the address of record and has previously provided an address for electronic mail.(2) Service provided pursuant to paragraph (1) shall be deemed complete at the time the department electronically transmits the notice via the feepayers secure web portal, without extension of time for any reason.SEC. 66. Section 40077 of the Revenue and Taxation Code is amended to read:40077. Except in the case of fraud, intent to evade this part or authorized rules and regulations, or failure to make a return every notice of a deficiency determination shall be served within three years after the last day of the calendar month following the quarterly period for which the amount is proposed to be determined or within three years after the return is filed, whichever period expires the later. In the case of failure to make a return, every notice of determination shall be served within eight years after the last day of the calendar month following the quarterly period for which the amount is proposed to be determined.SEC. 67. Section 40078 of the Revenue and Taxation Code is amended to read:40078. In the case of a deficiency arising under this part during the lifetime of a decedent, a notice of deficiency determination shall be served within four months after written request therefor, in the form required by the department, by the fiduciary of the estate or trust or by any other person liable for the surcharge or any portion thereof.SEC. 68. Section 40079 of the Revenue and Taxation Code is amended to read:40079. If, before the expiration of the time prescribed in Section 40077 for serving a notice of deficiency determination, the taxpayer has consented in writing to the service of the notice after such time, the notice may be served at any time prior to the expiration of the period agreed upon. The period so agreed upon may be extended by subsequent agreements in writing made before the expiration of the period previously agreed upon.SEC. 69. Section 40085 of the Revenue and Taxation Code is amended to read:40085. Promptly after making its determination the department shall give to the person written notice of the estimate, determination, and penalty, the notice to be served in the manner prescribed for service of notice of a deficiency determination.SEC. 70. Section 40097 of the Revenue and Taxation Code is amended to read:40097. Any notice required by this article shall be served in the manner prescribed for service of notice of a deficiency determination.SEC. 71. Section 41075 of the Revenue and Taxation Code is amended to read:41075. The department shall give to the service supplier, seller, or service user written notice of its determination. The notice shall be served in one of the following manners:(a) By placing the notice in a sealed envelope with postage paid addressed to the service supplier, seller, or service user at the service suppliers, sellers, or service users address as it appears in the records of the department. Service made pursuant to this subdivision shall be deemed complete at the time of the deposit of the notice in the United States Post Office or facility regularly maintained or provided by the United States Postal Service, without extension of time for any reason.(b) By personally delivering the notice to the person to be served. Service made pursuant to this subdivision shall be deemed complete at the time of such delivery. Personal service to a corporation may be made by delivery of a notice to any person designated in the Code of Civil Procedure to be served for the corporation with summons and complaint in a civil action.(c) (1) By delivering the notice electronically via secure transmission when either of the following applies:(A) The feepayer requests the notice of determination to be sent electronically via secure transmission.(B) The department has evidence that the feepayer no longer receives mail at the address of record and has previously provided an address for electronic mail.(2) Service provided pursuant to paragraph (1) shall be deemed complete at the time the department electronically transmits the notice via the feepayers secure web portal, without extension of time for any reason.SEC. 72. Section 41076 of the Revenue and Taxation Code is amended to read:41076. Except in the case of fraud, intent to evade this part or authorized rules and regulations, or failure to make a return, every notice of a deficiency determination shall be served within three years after the last day of the second calendar month following the reporting period for which the amount is proposed to be determined or within three years after the return is filed, whichever period expires the later. In the case of failure to make a return, every notice of determination shall be served within eight years after the last day of the second calendar month following the reporting period for which the amount is proposed to be determined.SEC. 73. Section 41077 of the Revenue and Taxation Code is amended to read:41077. In the case of a deficiency arising under this part during the lifetime of a decedent, a notice of deficiency determination shall be served within four months after written request therefor, in the form required by the department, by the fiduciary of the estate or trust or by any other person liable for the surcharge or any portion thereof.SEC. 74. Section 41078 of the Revenue and Taxation Code is amended to read:41078. If before the expiration of the time prescribed in Section 41076 for serving a notice of deficiency determination, the taxpayer has consented in writing to service of the notice after that time, the notice may be served at any time prior to the expiration of the period agreed upon. The period so agreed upon may be extended by subsequent agreements in writing made before the expiration of the period previously agreed upon.SEC. 75. Section 41084 of the Revenue and Taxation Code is amended to read:41084. Promptly after making its determination the department shall give to the person written notice of the estimate, determination, and penalty, the notice to be served in the manner prescribed for service of notice of a deficiency determination.SEC. 76. Section 41091 of the Revenue and Taxation Code is amended to read:41091. Any notice required by this article shall be served in the manner prescribed for service of notice of a deficiency determination.SEC. 77. Section 43007 of the Revenue and Taxation Code is amended to read:43007. Board means the California Department of Tax and Fee Administration.SEC. 78. Section 43155.01 of the Revenue and Taxation Code is amended to read:43155.01. (a) A person who fails to pay any generation and handling fee or installment, except amounts of determinations made by the California Department of Tax and Fee Administration under Article 2 (commencing with Section 43201), within the time required shall pay a penalty, plus interest at the modified adjusted rate per month, or fraction of a month, established pursuant to Section 6591.5, from the date on which the fee or the amount of fee required to be collected became due and payable to the state until the date of payment, as follows:(1) For a delinquency period of 30 days or fewer from the date the installment or fee became due and payable, the penalty shall be 10 percent of the amount of the delinquent fee or installment not timely remitted.(2) For a delinquency period of at least 31 days, but not more than 60 days, from the date the installment or fee became due and payable, the penalty shall be 25 percent of the amount of the delinquent fee or installment not timely remitted.(3) For a delinquency period of at least 61 days, but not more than 90 days, from the date the installment or fee became due and payable, the penalty shall be 50 percent of the amount of the delinquent fee or installment not timely remitted.(4) For a delinquency period of 91 days or more from the date the installment or fee became due and payable, the penalty shall be 100 percent of the amount of the delinquent fee or installment not timely remitted.(b) For any person who fails to file a generation and handling fee return with the California Department of Tax and Fee Administration in accordance with this part within the time prescribed for the filing of a generation and handling fee return, a penalty shall be added on account of the delinquency, as follows:(1) For a delinquency period of 30 days or fewer from the date the return became due, the penalty shall be 10 percent of the amount of the fee, exclusive of previously remitted installments.(2) For a delinquency period of at least 31 days, but not more than 60 days, from the date the return became due, the penalty shall be 25 percent of the amount of the fee, exclusive of previously remitted installments.(3) For a delinquency period of at least 61 days, but not more than 90 days, from the date the return became due, the penalty shall be 50 percent of the amount of the fee, exclusive of previously remitted installments.(4) For a delinquency period of 91 days or more from the date the return became due, the penalty shall be 100 percent of the amount of the fee, exclusive of previously remitted installments.(c) The sum of the penalties imposed pursuant to subdivisions (a) and (b) shall not exceed 100 percent of the total fee required pursuant to Section 25205.5 of the Health and Safety Code.(d) Notwithstanding any other limitation to the penalty amount imposed for any one installment, fee, or return specified in this part, the penalties imposed pursuant to this section shall be in addition to any other penalties imposed under this part.(e) This section applies to any fee imposed pursuant to Section 25205.5 of the Health and Safety Code for any return or payment that becomes due on or after November 30, 2024. SEC. 79. Section 43201 of the Revenue and Taxation Code is amended to read:43201. (a) If the California Department of Tax and Fee Administration is dissatisfied with the return or report filed or the amount of tax paid to the state by any taxpayer, or if no return or report has been filed or no payment or payments of the taxes have been made to the state by a taxpayer, the California Department of Tax and Fee Administration may compute and determine the amount to be paid, based upon any information available to it. In addition, where the California Department of Tax and Fee Administration is authorized to collect a tax for another state agency, the California Department of Tax and Fee Administration may issue a notice of determination or similar billing document for collection of the tax. One or more additional determinations may be made of the amount of tax due for one, or for more than one, period. The amount of tax so determined shall bear interest at the modified adjusted rate per month, or fraction thereof, established pursuant to Section 6591.5, from the date the amount of the tax, or any portion thereof, became due and payable until the date of payment. In making a determination, the California Department of Tax and Fee Administration may offset overpayments for a period or periods against underpayments for another period or periods and against the interest and penalties on the underpayments.(b) If any part of the deficiency for which a determination of an additional amount due is found to have been occasioned by negligence or intentional disregard of this part or authorized regulations, a penalty of 10 percent of the amount of the determination shall be added, plus interest as provided above.(c) If any part of the deficiency for which a determination of an additional amount due is found to be occasioned by fraud or an intent to evade this part or authorized regulations, a penalty of 25 percent of the amount of the determination shall be added, plus interest as provided in subdivision (a).(d) The California Department of Tax and Fee Administration shall give to the taxpayer written notice of its determination. The notice shall be served in one of the following manners:(1) By placing the notice in a sealed envelope, with postage paid, addressed to the taxpayer at their address as it appears in the records of the California Department of Tax and Fee Administration. Service made pursuant to this paragraph shall be deemed complete at the time of the deposit of the notice in a United States Post Office, or a mailbox, sub-post office, substation, or mail chute, or other facility regularly maintained or provided by the United States Postal Service without extension of time for any reason.(2) By personally delivering the notice to the person to be served. Service made pursuant to this paragraph shall be deemed complete at the time of delivery. Personal service to a corporation may be made by delivery of a notice to any person designated in the Code of Civil Procedure to be served for the corporation with summons and complaint in a civil action.(3) (A) By delivering the notice electronically via secure transmission when either of the following applies:(i) The taxpayer requests the notice of determination to be sent electronically via secure transmission.(ii) The California Department of Tax and Fee Administration has evidence that the taxpayer no longer receives mail at the address of record and has previously provided an address for electronic mail.(B) Service provided pursuant to subparagraph (A) shall be deemed complete at the time the California Department of Tax and Fee Administration electronically transmits the notice via the taxpayers secure web portal, without extension of time for any reason.(e) This section shall not apply to any fee imposed pursuant to Section 25205.5 or 25205.5.2 of the Health and Safety Code for any return or payment that becomes due on or after November 30, 2024.SEC. 80. Section 43201.01 of the Revenue and Taxation Code is amended to read:43201.01. (a) If the California Department of Tax and Fee Administration is dissatisfied with the return or report filed or the amount of fee paid to the state by any feepayer, or if no return or report has been filed or no payment or payments of the fees have been made to the state by a feepayer, the California Department of Tax and Fee Administration may compute and determine the amount to be paid, based upon any information available to it. In addition, where the California Department of Tax and Fee Administration is authorized to collect a fee for another state agency, the California Department of Tax and Fee Administration may issue a notice of determination or similar billing document for collection of the fee. One or more additional determinations may be made of the amount of fee due for one, or for more than one, period. The amount of fee so determined shall bear interest at the modified adjusted rate per month, or fraction thereof, established pursuant to Section 6591.5, from the date the amount of the fee, or any portion thereof, became due and payable until the date of payment. In making a determination, the California Department of Tax and Fee Administration may offset overpayments for a period or periods against underpayments for another period or periods and against the interest and penalties on the underpayments.(b) If any part of the deficiency for which a determination of an additional amount due is found to have been occasioned by negligence or intentional disregard of this part or authorized regulations, a penalty of 10 percent of the amount of the determination shall be added, plus interest as provided in subdivision (a).(c) If a feepayer willfully or knowingly provides incorrect information or withholds information that results in a deficient payment or nonpayment, as determined by California Department of Tax and Fee Administration, a penalty of 300 percent of the amount of the determination shall be added.(d) Notwithstanding any other limitation to the maximum penalty amount imposed for any one payment or return specified in this part, the penalties imposed pursuant to this section shall be in addition to any other penalties imposed under this part.(e) The California Department of Tax and Fee Administration shall give to the feepayer written notice of its determination. The notice shall be served in one of the following manners: (1) By placing the notice in a sealed envelope, with postage paid, addressed to the feepayer at their address as it appears in the records of the California Department of Tax and Fee Administration. Service made pursuant to this paragraph shall be deemed complete at the time of the deposit of the notice in a United States post office, or a mailbox, subpost office, substation or mail chute, or other facility regularly maintained or provided by the United States Postal Service without extension of time for any reason.(2) By personally delivering the notice to the person to be served. Service made pursuant to this paragraph shall be deemed complete at the time of delivery. Personal service to a corporation may be made by delivery of a notice to any person designated in the Code of Civil Procedure to be served for the corporation with summons and complaint in a civil action.(3) (A) By delivering the notice electronically via secure transmission when either of the following applies:(i) The feepayer requests the notice of determination to be sent electronically via secure transmission.(ii) The California Department of Tax and Fee Administration has evidence that the feepayer no longer receives mail at the address of record and has previously provided an address for electronic mail.(B) Service provided pursuant to subparagraph (A) shall be deemed complete at the time the California Department of Tax and Fee Administration electronically transmits the notice via the feepayers secure web portal, without extension of time for any reason.(f) This section shall only apply to any return or payment that becomes due on or after November 30, 2024, and shall only apply to the generation and handling fee imposed pursuant to Section 25205.5 or 25205.5.2 of the Health and Safety Code.SEC. 81. Section 43202 of the Revenue and Taxation Code is amended to read:43202. (a) Except in the case of fraud, intent to evade this part, authorized rules and regulations, or failure to make a return, every notice of a determination of an additional amount due shall be served within three years after the date when the amount should have been paid or the return was due, or within three years after the return was filed, whichever period expires later. In the case of failure to make a return, the notice of determination shall be served within eight years after the date the report or return was due.(b) The limitation specified in subdivision (a) shall not apply to a liability for the fees described in subdivisions (b) and (c) of Section 25205.25 of the Health and Safety Code that is proposed to be determined with respect to a taxpayer if a notice of determination for the fee imposed pursuant to Section 25205.2 of the Health and Safety Code has been given pursuant to Section 43201 or 43350 for the same period and site, or with respect to a taxpayer that has paid the fee imposed by Section 25205.2 of the Health and Safety Code for the same period and site. The notice of determination with respect to the fees described in subdivisions (b) and (c) of Section 25205.25 of the Health and Safety Code shall be given within 90 days from the date of final action of the California Department of Tax and Fee Administration or final judicial action, whichever is later, concerning liability for the fee imposed pursuant to Section 25205.2 of the Health and Safety Code.(c) The limitation specified in subdivision (a) shall not apply to a liability for the fee imposed pursuant to Section 25205.2 of the Health and Safety Code that is proposed to be determined with respect to a taxpayer if a notice of determination for the fees described in subdivisions (b) and (c) of Section 25205.25 of the Health and Safety Code has been given pursuant to Section 43201 or 43350 for the same period and site, or with respect to a taxpayer that has paid the fees described in subdivisions (b) and (c) of Section 25205.25 of the Health and Safety Code for the same period and site. The notice of determination with respect to the fee imposed pursuant to Section 25205.2 of the Health and Safety Code shall be given within 90 days from the date of final action of the California Department of Tax and Fee Administration or final judicial action, whichever is later, concerning liability for the fees described in subdivisions (b) and (c) of Section 25205.25 of the Health and Safety Code.SEC. 82. Section 43203 of the Revenue and Taxation Code is amended to read:43203. In the case of a deficiency arising under this part during the lifetime of a decedent, a notice of deficiency determination shall be served within four months after written request therefor, in the form required by the California Department of Tax and Fee Administration, by the fiduciary of the estate or trust or by any other person liable for the tax or any portion thereof.SEC. 83. Section 43204 of the Revenue and Taxation Code is amended to read:43204. If before the expiration of the time prescribed in Section 43202 for serving a notice of deficiency determination the taxpayer has consented in writing to service of the notice after such time, the notice may be served at any time prior to the expiration of the period agreed upon. The period so agreed upon may be extended by subsequent agreements in writing made before the expiration of the period previously agreed upon.SEC. 84. Section 43307 of the Revenue and Taxation Code is amended to read:43307. Any notice required by this article shall be served in the same manner as prescribed for service of notice by Section 43201 or 43201.01.SEC. 85. Section 43351 of the Revenue and Taxation Code is amended to read:43351. The taxpayer against whom a jeopardy determination is made may file a petition for the redetermination thereof, pursuant to Article 4 (commencing with Section 43301), with the California Department of Tax and Fee Administration within 10 days after the service upon the taxpayer of notice of the determination, but they shall, within the 10-day period, deposit with the California Department of Tax and Fee Administration such security as it deems necessary to insure compliance with the provisions of this part. The security may be sold by the California Department of Tax and Fee Administration at public sale if it becomes necessary in order to recover any amount due under this part. Notice of the sale may be served upon the person who deposited the security in the same manner as prescribed for service of notice by Section 43201 or 43201.01. Upon any such sale, the surplus, if any, above the amount due under this part shall be returned to the person who deposited the security.SEC. 86. Section 43484 of the Revenue and Taxation Code is amended to read:43484. (a) Notwithstanding any other provision of this part, if the California Department of Tax and Fee Administration finds that neither the person liable for payment of tax nor any party related to that person has in any way caused an erroneous refund for which an action for recovery is provided under Section 43481, no interest shall be imposed on the amount of that erroneous refund until 30 days after the date on which the California Department of Tax and Fee Administration serves a notice of determination for repayment of the erroneous refund to the person. The act of filing a claim for refund shall not be considered as causing the erroneous refund.(b) This section shall be operative for any action for recovery under Section 43481 on or after January 1, 2000.SEC. 87. Section 43507.5 of the Revenue and Taxation Code is amended to read:43507.5. (a) The Legislature hereby finds and declares that changes made to the imposition and administration of the disposal fee, facility fee, generator fee, and transportable treatment unit fee set forth in Sections 28, 53, 54, and 64 of Chapter 73 of the Statutes of 2021 were not intended to repeal the authority of the Department of Toxic Substances Control and the California Department of Tax and Fee Administration to continue to administer and collect those fees. Therefore, the California Department of Tax and Fee Administration may continue billing and collecting fees due, making any refunds and effecting any credits, disposing of the money collected, and assessing any interest or penalties that have accrued, and may commence or continue to pursue any action or proceeding regarding the following fees:(1) The disposal fee imposed pursuant to Section 25174.1 of the Health and Safety Code, as that section read on December 31, 2022, for hazardous waste disposed of on or before June 30, 2022, that was due and payable on or before September 30, 2022.(2) The generator fee imposed pursuant to Section 25205.5 of the Health and Safety Code, as that section read on December 31, 2021, for hazardous waste generated on or before December 31, 2021, that was due and payable on or before February 28, 2022.(3) The transportable treatment unit fee imposed pursuant to Section 25205.14 of the Health and Safety Code, as that section read on December 31, 2022, for each facility or transportable treatment unit authorized on or before June 30, 2022, and that was due and payable on or before December 31, 2022.(b) A fee, including any applicable penalty or interest, collected pursuant to this section shall be administered pursuant to this part as it read at the time the fees described in subdivision (a) were originally imposed.SEC. 88. Section 45007 of the Revenue and Taxation Code is amended to read:45007. Board or department means the California Department of Tax and Fee Administration.SEC. 89. Section 45201 of the Revenue and Taxation Code is amended to read:45201. (a) If the department is dissatisfied with the report or return filed or the amount of fee paid to the state by any fee payer, or if no report or return has been filed or no payment or payments of the fees have been made to the state by a fee payer, the department may compute and determine the amount to be paid, based upon any information available to it. One or more additional determinations may be made of the amount of fee due for one, or for more than one, period. The amount of fee so determined shall bear interest at the modified adjusted rate per month, or fraction thereof, established pursuant to Section 6591.5, from the date the amount of the fee, or any portion thereof, became due and payable until the date of payment. In making a determination, the department may offset overpayments for a period or periods against underpayments for another period or periods and against the interest and penalties on the underpayments.(b) If any part of the deficiency for which a determination of an additional amount due is made is found to have been occasioned by negligence or intentional disregard of this part or regulations adopted by the department pursuant to this part, a penalty of 10 percent of the amount of that determination shall be added, plus interest as provided in subdivision (a).(c) If any part of the deficiency for which a determination of an additional amount due is made is found to be occasioned by fraud or an intent to evade this part or authorized regulations, a penalty of 25 percent of the amount of the determination shall be added, plus interest as provided in subdivision (a).(d) The department shall give to the fee payer written notice of its determination. The notice shall be served in one of the following manners:(1) By placing the notice in a sealed envelope, with postage paid, addressed to the fee payer at their address as it appears in the records of the department. Service made pursuant to this paragraph shall be deemed complete at the time of the deposit of the notice in a United States Post Office, or a mailbox, sub-post office, substation, mail chute, or other facility regularly maintained or provided by the United States Postal Service, without extension of time for any reason.(2) By personally delivering the notice to the person to be served. Service made pursuant to this paragraph shall be deemed complete at the time of delivery. Personal service to a corporation may be made by delivery of a notice to any person designated in the Code of Civil Procedure to be served for the corporation with summons and complaint in a civil action.(3) (A) By delivering the notice electronically via secure transmission when either of the following applies:(i) The feepayer requests the notice of determination to be sent electronically via secure transmission.(ii) The department has evidence that the feepayer no longer receives mail at the address of record and has previously provided an address for electronic mail.(B) Service provided pursuant to subparagraph (A) shall be deemed complete at the time the department electronically transmits the notice via the feepayers secure web portal, without extension of time for any reason.SEC. 90. Section 45202 of the Revenue and Taxation Code is amended to read:45202. Except in the case of fraud, intent to evade this part or rules and regulations adopted under this part, or failure to make a report or return, every notice of a determination of an additional amount due shall be served within three years after the date when the amount was required to have been paid or the report or return was due, or within three years after the report or return was filed, whichever period expires later. In the case of failure to make a report or return, the notice of determination shall be served within eight years after the date the report or return was due.SEC. 91. Section 45203 of the Revenue and Taxation Code is amended to read:45203. If, before the expiration of the time prescribed in Section 45202 for serving a notice of deficiency determination, the fee payer has consented in writing to the service of the notice after that time, the notice may be served at any time prior to the expiration of the period agreed upon. The period agreed upon may be extended by subsequent agreements in writing made before the expiration of the period previously agreed upon.SEC. 92. Section 45307 of the Revenue and Taxation Code is amended to read:45307. Any notice required by this article shall be served in the same manner as prescribed for service of notice by Section 43201.SEC. 93. Section 45352 of the Revenue and Taxation Code is amended to read:45352. The fee payer against whom a jeopardy determination is made may file a petition for the redetermination thereof, pursuant to Article 3 (commencing with Section 45301), with the California Department of Tax and Fee Administration within 10 days after the service upon the fee payer of notice of the determination, and they shall, within the 10-day period, deposit with the California Department of Tax and Fee Administration that security which the California Department of Tax and Fee Administration deems necessary to insure compliance with this part. The security may be sold by the California Department of Tax and Fee Administration at public sale if it becomes necessary in order to recover any amount due under this part. Notice of the sale may be served upon the person who deposited the security in the same manner as prescribed for service of notice by Section 45201. After that sale, the surplus, if any, above the amount due under this part shall be returned to the person who deposited the security.SEC. 94. Section 45752 of the Revenue and Taxation Code is amended to read:45752. (a) Notwithstanding any other provision of this part, if the department finds that neither the person liable for payment of fee nor any party related to that person has in any way caused an erroneous refund for which an action for recovery is provided under Section 45751, no interest shall be imposed on the amount of that erroneous refund until 30 days after the date on which the department serves a notice of determination for repayment of the erroneous refund to the person. The act of filing a claim for refund shall not be considered as causing the erroneous refund.(b) This section shall be operative for any action for recovery under Section 45751 on or after January 1, 2000.SEC. 95. Section 46009 of the Revenue and Taxation Code is amended to read:46009. Board or department means the California Department of Tax and Fee Administration.SEC. 96. Section 46202 of the Revenue and Taxation Code is amended to read:46202. The department shall give to the feepayer written notice of its determination. The notice shall be served in one of the following manners:(a) By placing the notice in a sealed envelope, with postage paid, addressed to the feepayer at their address as it appears in the records of the department. Service made pursuant to this subdivision shall be deemed complete at the time of the deposit of the notice in a United States Post Office, or a mailbox, sub-post office, substation, or mail chute, or other facility regularly maintained or provided by the United States Postal Service without extension of time for any reason.(b) By personally delivering the notice to the person to be served. Service made pursuant to this subdivision shall be deemed complete at the time of delivery. Personal service to a corporation may be made by delivery of a notice to any person designated in the Code of Civil Procedure to be served for the corporation with summons and complaint in a civil action.(c) (1) By delivering the notice electronically via secure transmission when either of the following applies:(A) The feepayer requests the notice of determination to be sent electronically via secure transmission.(B) The department has evidence that the feepayer no longer receives mail at the address of record and has previously provided an address for electronic mail.(2) Service provided pursuant to paragraph (1) shall be deemed complete at the time the department electronically transmits the notice via the feepayers secure web portal, without extension of time for any reason.SEC. 97. Section 46203 of the Revenue and Taxation Code is amended to read:46203. Except in the case of fraud, intent to evade this part or regulations adopted pursuant thereto, or failure to make a return, every notice of deficiency determination shall be served within three years after the 25th day of the month following the period for which the return was due or within three years after the return was filed, whichever period expires later. In the case of failure to make a return, the notice of determination shall be served within eight years after the date the return was due.SEC. 98. Section 46204 of the Revenue and Taxation Code is amended to read:46204. In the case of a deficiency arising under this part during the lifetime of a decedent, a notice of deficiency determination shall be served within four months after written request therefor, in the form required by the department, by the fiduciary of the estate or trust or by any other person liable for the fee or any portion thereof.SEC. 99. Section 46205 of the Revenue and Taxation Code is amended to read:46205. If before the expiration of the time prescribed in Section 46203 for serving a notice of deficiency determination the feepayer has consented in writing to service of the notice after that time, the notice may be served at any time prior to the expiration of the period agreed upon. The period so agreed upon may be extended by subsequent agreements in writing made before the expiration of the period previously agreed upon.SEC. 100. Section 46255 of the Revenue and Taxation Code is amended to read:46255. Promptly after making its determination, the department shall give to the person written notice of the estimate, determination, and penalty, the notice to be served in the manner prescribed for service of notice of a deficiency determination.SEC. 101. Section 46302 of the Revenue and Taxation Code is amended to read:46302. The feepayer against whom a jeopardy determination is made may file a petition for the redetermination thereof, pursuant to Article 5 (commencing with Section 46351), with the department within 10 days after the service upon the feepayer of notice of the determination, but they shall, within the 10-day period, deposit with the department such security as it determines to be necessary to ensure compliance with this part. The security may be sold by the department at public sale if it becomes necessary in order to recover any amount due under this part. Notice of the sale may be served upon the person who deposited the security in the same manner as prescribed for service of notice by Section 46202. Upon any such sale, the surplus, if any, above the amount due under this part shall be returned to the person who deposited the security.SEC. 102. Section 46357 of the Revenue and Taxation Code is amended to read:46357. Any notice required by this article shall be served in the same manner as prescribed for service of notice by Section 46202.SEC. 103. Section 46544 of the Revenue and Taxation Code is amended to read:46544. (a) Notwithstanding any other provision of this part, if the department finds that neither the person liable for payment of fees nor any party related to that person has in any way caused an erroneous refund for which an action for recovery is provided under Section 46541, no interest shall be imposed on the amount of that erroneous refund until 30 days after the date on which the department serves a notice of determination for repayment of the erroneous refund to the person. The act of filing a claim for refund shall not be considered as causing the erroneous refund.(b) This section shall be operative for any action for recovery under Section 46541 on or after January 1, 2000.SEC. 104. Section 50106 of the Revenue and Taxation Code is amended to read:50106. Board or department means the California Department of Tax and Fee Administration.SEC. 105. Section 50113 of the Revenue and Taxation Code is amended to read:50113. (a) If the department is dissatisfied with the report filed or the amount of fee paid to the department under this part by any fee payer, or if no report has been filed or no payment or payments of the fees have been made to the state by a fee payer, the department may compute and determine the amount to be paid, based upon any information available to it. One or more additional determinations may be made of the amount of fee due for one, or for more than one, period. The amount of fee so determined shall bear interest at the modified rate per month, or fraction thereof, established pursuant to Section 6591.5, from the date the amount of the fee, or any portion thereof, became due and payable until the date of payment. In making a determination, the department may offset overpayments for a period or periods against underpayments for another period or periods and against the interest and penalties on the underpayments.(b) If any part of the deficiency for which a determination of an additional amount due is made is found to have been occasioned by negligence or intentional disregard of this part or regulations adopted by the department pursuant to this part, a penalty of 10 percent of the amount of that determination shall be added, plus interest as provided in subdivision (a).(c) If any part of the deficiency for which a determination of an additional amount due is made is found to be occasioned by fraud or an intent to evade this part or regulations adopted pursuant to this part, a penalty of 25 percent of the amount of the determination shall be added, plus interest as provided in subdivision (a).(d) The department shall give to the fee payer written notice of its determination. The notice shall be served in one of the following manners:(1) By placing the notice in a sealed envelope, with postage paid, addressed to the fee payer at the fee payers address as it appears in the records of the department. Service made pursuant to this paragraph shall be deemed complete at the time of the deposit in a United States Post Office, or a mailbox, sub-post office, substation, mail chute, or other facility regularly maintained or provided by the United States Postal Service, without extension of time for any reason.(2) By personally delivering the notice to the person to be served. Service made pursuant to this paragraph shall be deemed complete at the time of delivery. The department may make personal service to a corporation by delivering a notice to any person designated in the Code of Civil Procedure to be served for the corporation with a summons and complaint in a civil action.(3) (A) By delivering the notice electronically via secure transmission when either of the following applies:(i) The feepayer requests the notice of determination to be sent electronically via secure transmission.(ii) The department has evidence that the feepayer no longer receives mail at the address of record and has previously provided an address for electronic mail.(B) Service provided pursuant to subparagraph (A) shall be deemed complete at the time the department electronically transmits the notice via the feepayers secure web portal, without extension of time for any reason.SEC. 106. Section 50113.1 of the Revenue and Taxation Code is amended to read:50113.1. Except in the case of fraud, intent to evade this part, or rules and regulations adopted pursuant to this part, or failure to make a report or return, every notice of a determination of an additional amount due shall be served within three years after the date when the amount was required to have been paid or the report or return was due, or within three years after the report or return was filed, whichever period expires later. In the case of failure to make a report or return, the notice of determination shall be served within eight years after the date the report or return was due.SEC. 107. Section 50113.2 of the Revenue and Taxation Code is amended to read:50113.2. If, before the expiration of the time prescribed in Section 50113.1 for serving a notice of deficiency determination, the fee payer has consented in writing to service of the notice after that time, the notice may be served at any time prior to the expiration of the period agreed upon. The period agreed upon may be extended by subsequent agreements in writing made before the expiration of the period previously agreed upon.SEC. 108. Section 50120 of the Revenue and Taxation Code is amended to read:50120. Any notice required by this article shall be served in the same manner as prescribed for service of notice by Section 50113.SEC. 109. Section 50120.2 of the Revenue and Taxation Code is amended to read:50120.2. The fee payer against whom a jeopardy determination is made may file a petition for the redetermination thereof, pursuant to Article 3 (commencing with Section 50114), with the department within 10 days after the service upon the fee payer of notice of the determination, and they shall, within the 10-day period, deposit with the department that security which the department determines to be necessary to ensure compliance with this part. The security may be sold by the department at a public sale if it becomes necessary in order to recover any amount due under this part. Notice of the sale may be served upon the person who deposited the security in the same manner as prescribed for service of notice by subdivision (d) of Section 50113. After that sale, the surplus, if any, above the amount due under this part shall be returned to the person who deposited the security.SEC. 110. Section 50150.5 of the Revenue and Taxation Code is amended to read:50150.5. (a) Notwithstanding any other provision of this part, if the department finds that neither the person liable for payment of fees nor any party related to that person has in any way caused an erroneous refund for which an action for recovery is provided under Section 50150, no interest shall be imposed on the amount of that erroneous refund until 30 days after the date on which the department serves a notice of determination for repayment of the erroneous refund to the person. The act of filing a claim for refund shall not be considered as causing the erroneous refund.(b) This section shall be operative for any action for recovery under Section 50150 on or after January 1, 2000.SEC. 111. Section 55061 of the Revenue and Taxation Code is amended to read:55061. (a) If the department is dissatisfied with the return filed or the amount of the fee paid to the state by any feepayer, or if no return has been filed or no payment of the fee has been made to the state by a feepayer, the department may compute and determine the amount to be paid, based upon any information available to it. In addition, where the department is authorized to collect a fee for another state agency, or where the department is authorized to collect a fee under circumstances where the feepayer is not required to file a return, the department may issue a notice of determination or similar billing document for collection of the fee. One or more additional determinations may be made of the amount of the fee due for one, or for more than one period. The amount of the fee so determined shall bear interest at the modified adjusted rate per month, or fraction thereof, established pursuant to Section 6591.5, from the date the amount of the fee, or any portion thereof, became due and payable until the date of payment. In making a determination, the department may offset overpayments for a period or periods against underpayments for another period or periods and against the interest and penalties on the underpayments.(b) If any part of the deficiency for which a determination of an additional amount due is found to have been occasioned by negligence or intentional disregard of this part or authorized regulations, a penalty of 10 percent of the amount of the determination shall be added, plus interest as provided in subdivision (a).(c) If any part of the deficiency for which a determination of an additional amount due is found to be occasioned by fraud or an intent to evade this part or authorized regulations, a penalty of 25 percent of the amount of the determination shall be added, plus interest as provided in subdivision (a).(d) The department shall give to the feepayer written notice of its determination. The notice shall be served in one of the following manners:(1) By placing the notice in a sealed envelope, with postage paid, addressed to the feepayer at their address as it appears in the records of the department. Service made pursuant to this paragraph shall be deemed complete at the time of the deposit of the notice in a United States Post Office, or a mailbox, sub-post office, substation, or mail chute, or other facility regularly maintained or provided by the United States Postal Service without extension of time for any reason.(2) By personally delivering the notice to the person to be served. Service made pursuant to this paragraph shall be deemed complete at the time of delivery. Personal service to a corporation may be made by delivery of a notice to any person designated in the Code of Civil Procedure to be served for the corporation with summons and complaint in a civil action.(3) (A) By delivering the notice electronically via secure transmission when either of the following applies:(i) The feepayer requests the notice of determination to be sent electronically via secure transmission.(ii) The department has evidence that the feepayer no longer receives mail at the address of record and has previously provided an address for electronic mail.(B) Service provided pursuant to subparagraph (A) shall be deemed complete at the time the department electronically transmits the notice via the feepayers secure web portal, without extension of time for any reason.SEC. 112. Section 55062 of the Revenue and Taxation Code is amended to read:55062. Except in the case of fraud, intent to evade this part, authorized rules and regulations, or failure to make a return, every notice of a determination of an additional amount due shall be served within three years after the date when the amount should have been paid or the return was due, or within three years after the return was filed, whichever period expires later. In the case of failure to make a return, the notice of determination shall be served within eight years after the date the return was due.SEC. 113. Section 55063 of the Revenue and Taxation Code is amended to read:55063. In the case of a deficiency arising under this part during the lifetime of a decedent, a notice of deficiency determination shall be served within four months after written request therefor, in the form required by the department, by the fiduciary of the estate or trust or by any other person liable for the fee or any portion thereof.SEC. 114. Section 55064 of the Revenue and Taxation Code is amended to read:55064. If before the expiration of the time prescribed in Section 55062 for serving a notice of deficiency determination the feepayer has consented in writing to service of the notice after that time, the notice may be served at any time prior to the expiration of the period agreed upon. The period so agreed upon may be extended by subsequent agreements in writing made before the expiration of the period previously agreed upon.SEC. 115. Section 55087 of the Revenue and Taxation Code is amended to read:55087. Any notice required by this article shall be served in the same manner as prescribed for service of notice by subdivision (d) of Section 55061.SEC. 116. Section 55102 of the Revenue and Taxation Code is amended to read:55102. The feepayer against whom a jeopardy determination is made may file a petition for redetermination thereof, pursuant to Article 3 (commencing with Section 55081), with the department within 10 days after the service upon the feepayer of notice of the determination, but they shall, within the 10-day period, deposit with the department any security that it deems necessary to ensure compliance with the provisions of this part. The security may be sold by the department at public sale if it becomes necessary to do so in order to recover any amount due under this part. Notice of the sale may be served upon the person who deposited the security in the same manner as prescribed for service of notice by Section 55061. Upon any such sale, the surplus, if any, above the amount due under this part shall be returned to the person who deposited the security.SEC. 117. Section 55262.5 of the Revenue and Taxation Code is amended to read:55262.5. (a) Notwithstanding any other provision of this part, if the department finds that neither the person liable for payment of fees nor any party related to that person has in any way caused an erroneous refund for which an action for recovery is provided under Section 55261, no interest shall be imposed on the amount of that erroneous refund until 30 days after the date on which the department serves a notice of determination for repayment of the erroneous refund to the person. The act of filing a claim for refund shall not be considered as causing the erroneous refund.(b) This section shall be operative for any action for recovery under Section 55261 on or after January 1, 2000.SEC. 118. Section 60014 is added to the Revenue and Taxation Code, to read:60014. Board or department means the California Department of Tax and Fee Administration.SEC. 119. Section 60311 of the Revenue and Taxation Code is amended to read:60311. The department shall give the person written notice of its determination. The notice shall be served in one of the following manners:(a) By placing the notice in a sealed envelope, with postage paid, addressed to the person at that persons address as it appears in the records of the department. Service made pursuant to this subdivision shall be deemed complete at the time of the deposit of the notice in the United States Post Office, or a mailbox, sub-post office, substation, or mail chute, or other facility maintained or provided by the United States Postal Service, without extension of time for any reason.(b) By personally delivering the notice to the person to be served. Service made pursuant to this subdivision shall be deemed complete at the time of that delivery. Personal service to a corporation may be made by delivery of a notice to any person designated in the Code of Civil Procedure to be served for the corporation with summons and complaint in a civil action.(c) (1) By delivering the notice electronically via secure transmission when either of the following applies:(A) The taxpayer requests the notice of determination to be sent electronically via secure transmission.(B) The department has evidence that the taxpayer no longer receives mail at the address of record and has previously provided an address for electronic mail.(2) Service provided pursuant to paragraph (1) shall be deemed complete at the time the department electronically transmits the notice via the taxpayers secure web portal, without extension of time for any reason.SEC. 120. Section 60315 of the Revenue and Taxation Code is amended to read:60315. Except in the case of fraud, intent to evade this part or authorized rules and regulations, or failure to make a return, every notice of a deficiency determination shall be served to the person within three years after the last day of the calendar month following the reporting period for which the amount is proposed to be determined or within three years after the return is filed, whichever period expires later. In the case of a failure to make a return, the notice of determination shall be served within eight years after the date the return was due.SEC. 121. Section 60316 of the Revenue and Taxation Code is amended to read:60316. In the case of a deficiency arising under this part during the lifetime of a decedent, a notice of deficiency determination shall be served within four months after written request therefor, in the form required by the department, by the fiduciary of the estate or trust or by any other person liable for the tax or any portion thereof.SEC. 122. Section 60317 of the Revenue and Taxation Code is amended to read:60317. If before the expiration of the time prescribed in Section 60315 for serving a notice of deficiency determination the taxpayer has consented in writing to service of the notice after that time, the notice may be served at any time prior to the expiration of the period agreed upon. The period so agreed upon may be extended by subsequent agreements in writing made before the expiration of the period previously agreed upon.SEC. 123. Section 60340 of the Revenue and Taxation Code is amended to read:60340. Any notice required by this article may be served in the manner prescribed for service of notice of a deficiency determination.SEC. 124. Section 60564 of the Revenue and Taxation Code is amended to read:60564. (a) Notwithstanding any other provision of this part, if the department finds that neither the person liable for payment of tax nor any party related to that person has in any way caused an erroneous refund for which an action for recovery is provided under Section 60561, no interest shall be imposed on the amount of that erroneous refund until 30 days after the date on which the department serves a notice of determination for repayment of the erroneous refund to the person. The act of filing a claim for refund shall not be considered as causing the erroneous refund.(b) This section shall be operative for any action for recovery under Section 60561 on or after January 1, 2000. |
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| 3 | | - | Senate Bill No. 1528 CHAPTER 499An act to amend Sections 6486, 6487, 6487.05, 6487.06, 6487.1, 6487.2, 6487.3, 6488, 6515, 6539, 6566, 6597, 6701, 6829, 6964, 7671, 7675, 7675.1, 7676, 8174, 8781, 8782, 8782.1, 8783, 8805, 8829, 8853, 8855, 8951, 9184, 12951, 12977, 30206, 30207, 30207.1, 30208, 30225, 30243, 30244, 30263, 30265, 30384, 32202, 32271, 32272, 32272.1, 32273, 32291, 32306, 32312, 32387, 32432.5, 32452, 38416, 38417, 38418, 38419, 38425, 38434, 38447, 38501, 38624, 40005, 40076, 40077, 40078, 40079, 40085, 40097, 41075, 41076, 41077, 41078, 41084, 41091, 43007, 43155.01, 43201, 43201.01, 43202, 43203, 43204, 43307, 43351, 43484, 43507.5, 45007, 45201, 45202, 45203, 45307, 45352, 45752, 46009, 46202, 46203, 46204, 46205, 46255, 46302, 46357, 46544, 50106, 50113, 50113.1, 50113.2, 50120, 50120.2, 50150.5, 55061, 55062, 55063, 55064, 55087, 55102, 55262.5, 60311, 60315, 60316, 60317, 60340, and 60564 of, and to add Sections 6471.6 and 60014 to, the Revenue and Taxation Code, relating to taxation. [ Approved by Governor September 22, 2024. Filed with Secretary of State September 22, 2024. ] LEGISLATIVE COUNSEL'S DIGESTSB 1528, Committee on Revenue and Taxation. California Department of Tax and Fee Administration.(1) The California Department of Tax and Fee Administration (CDTFA) administers various taxes, fees, and surcharges, including, among others, the Sales and Use Tax Law, the Motor Vehicle Fuel Tax Law, the Use Fuel Tax Law, the Cigarette and Tobacco Products Tax Law, the Timber Yield Tax Law, the Energy Resources Surcharge Law, the Emergency Telephone Users Surcharge Act, the Hazardous Substances Tax Law, the Integrated Waste Management Fee Law, the Oil Spill Response, Prevention, and Administration Fees Law, the Underground Storage Tank Maintenance Fee Law, the Diesel Fuel Tax Law, and various taxes and fees collected in accordance with the Fee Collections Procedures Law.Existing law authorizes the CDTFA, for purposes of the laws described above, if it is not satisfied with a return or the amount required to be paid to the state by specified taxpayers and feepayers, to compute and determine the amount required to be paid, as specified. Existing law requires the CDTFA to give taxpayers or feepayers written notice of its determination and serve the notice in specified manners, including by personal service.This bill would additionally authorize the CDTFA to serve the above-described notice by delivering the notice electronically via secure transmission in specified circumstances. The bill would make conforming changes to these provisions.(2) Existing law, the Alcoholic Beverage Tax Law, administered by the State Board of Equalization (BOE), imposes an excise tax upon all beer and wine sold in this state, as provided, on beer manufacturers, winegrowers, importers, or sellers of beer or wine that sell beer or wine on which no tax has been paid. That law authorizes the BOE, if it is not satisfied with a return or the amount required to be paid to the state by a taxpayer, to compute and determine the amount required to be paid, as specified. Existing law requires the BOE to give taxpayers written notice of its determination and serve the notice in specified manners, including by personal service. This bill would authorize the BOE to serve the above-described notice by delivering the notice electronically via secure transmission in specified circumstances. The bill would make additional conforming changes related to these provisions.(3) Existing law, the Sales and Use Tax Law, imposes on any person who knowingly collects sales tax reimbursement or use tax, and who fails to timely remit that sales tax reimbursement or use tax to the CDTFA, a penalty of 40% of the amount not timely remitted. Existing law exempts from that penalty any person whose liability for the unremitted sales tax reimbursement or use tax averages $1,000 or less per month or does not exceed 5% of the total amount of tax liability for which the tax reimbursement was collected for the period in which tax was due, as specified.This bill, for determinations made on or after January 1, 2025, would instead exempt from that penalty any person whose liability for the unremitted sales tax reimbursement or use tax averages $1,500 or less per month or does not exceed 25% of the total amount of tax liability for which the tax reimbursement was collected for the period in which tax was due.(4) The Sales and Use Tax Law provides that, under specified circumstances, the State Board of Equalization may require any person whose sales and use tax liability exceeds a specified amount to prepay that tax liability. This bill would authorize the CDTFA, in its discretion, to relieve any person from the requirements to make prepayments, as described above, if specified conditions apply. (5) The Hazardous Substances Tax Law requires a generator of hazardous waste to pay to the CDTFA a generation and handling fee for each generator site, as defined, that generates hazardous waste, as specified. That law imposes various penalties, including a penalty for failure to pay and a fee for failure to pay timely. This bill would clarify that audit determinations are excluded from the calculation of any penalties for failure to pay timely.(6) This bill would also make various technical and conforming changes, and would update references to the State Board of Equalization to instead refer to the CDTFA. Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO |
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| 1 | + | Enrolled September 03, 2024 Passed IN Senate August 29, 2024 Passed IN Assembly August 28, 2024 Amended IN Assembly August 22, 2024 Amended IN Assembly June 24, 2024 Amended IN Senate April 18, 2024 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Senate Bill No. 1528Introduced by Committee on Revenue and Taxation (Senators Glazer (Chair), Ashby, Bradford, Dahle, Dodd, Padilla, and Skinner)March 19, 2024An act to amend Sections 6486, 6487, 6487.05, 6487.06, 6487.1, 6487.2, 6487.3, 6488, 6515, 6539, 6566, 6597, 6701, 6829, 6964, 7671, 7675, 7675.1, 7676, 8174, 8781, 8782, 8782.1, 8783, 8805, 8829, 8853, 8855, 8951, 9184, 12951, 12977, 30206, 30207, 30207.1, 30208, 30225, 30243, 30244, 30263, 30265, 30384, 32202, 32271, 32272, 32272.1, 32273, 32291, 32306, 32312, 32387, 32432.5, 32452, 38416, 38417, 38418, 38419, 38425, 38434, 38447, 38501, 38624, 40005, 40076, 40077, 40078, 40079, 40085, 40097, 41075, 41076, 41077, 41078, 41084, 41091, 43007, 43155.01, 43201, 43201.01, 43202, 43203, 43204, 43307, 43351, 43484, 43507.5, 45007, 45201, 45202, 45203, 45307, 45352, 45752, 46009, 46202, 46203, 46204, 46205, 46255, 46302, 46357, 46544, 50106, 50113, 50113.1, 50113.2, 50120, 50120.2, 50150.5, 55061, 55062, 55063, 55064, 55087, 55102, 55262.5, 60311, 60315, 60316, 60317, 60340, and 60564 of, and to add Sections 6471.6 and 60014 to, the Revenue and Taxation Code, relating to taxation. LEGISLATIVE COUNSEL'S DIGESTSB 1528, Committee on Revenue and Taxation. California Department of Tax and Fee Administration.(1) The California Department of Tax and Fee Administration (CDTFA) administers various taxes, fees, and surcharges, including, among others, the Sales and Use Tax Law, the Motor Vehicle Fuel Tax Law, the Use Fuel Tax Law, the Cigarette and Tobacco Products Tax Law, the Timber Yield Tax Law, the Energy Resources Surcharge Law, the Emergency Telephone Users Surcharge Act, the Hazardous Substances Tax Law, the Integrated Waste Management Fee Law, the Oil Spill Response, Prevention, and Administration Fees Law, the Underground Storage Tank Maintenance Fee Law, the Diesel Fuel Tax Law, and various taxes and fees collected in accordance with the Fee Collections Procedures Law.Existing law authorizes the CDTFA, for purposes of the laws described above, if it is not satisfied with a return or the amount required to be paid to the state by specified taxpayers and feepayers, to compute and determine the amount required to be paid, as specified. Existing law requires the CDTFA to give taxpayers or feepayers written notice of its determination and serve the notice in specified manners, including by personal service.This bill would additionally authorize the CDTFA to serve the above-described notice by delivering the notice electronically via secure transmission in specified circumstances. The bill would make conforming changes to these provisions.(2) Existing law, the Alcoholic Beverage Tax Law, administered by the State Board of Equalization (BOE), imposes an excise tax upon all beer and wine sold in this state, as provided, on beer manufacturers, winegrowers, importers, or sellers of beer or wine that sell beer or wine on which no tax has been paid. That law authorizes the BOE, if it is not satisfied with a return or the amount required to be paid to the state by a taxpayer, to compute and determine the amount required to be paid, as specified. Existing law requires the BOE to give taxpayers written notice of its determination and serve the notice in specified manners, including by personal service. This bill would authorize the BOE to serve the above-described notice by delivering the notice electronically via secure transmission in specified circumstances. The bill would make additional conforming changes related to these provisions.(3) Existing law, the Sales and Use Tax Law, imposes on any person who knowingly collects sales tax reimbursement or use tax, and who fails to timely remit that sales tax reimbursement or use tax to the CDTFA, a penalty of 40% of the amount not timely remitted. Existing law exempts from that penalty any person whose liability for the unremitted sales tax reimbursement or use tax averages $1,000 or less per month or does not exceed 5% of the total amount of tax liability for which the tax reimbursement was collected for the period in which tax was due, as specified.This bill, for determinations made on or after January 1, 2025, would instead exempt from that penalty any person whose liability for the unremitted sales tax reimbursement or use tax averages $1,500 or less per month or does not exceed 25% of the total amount of tax liability for which the tax reimbursement was collected for the period in which tax was due.(4) The Sales and Use Tax Law provides that, under specified circumstances, the State Board of Equalization may require any person whose sales and use tax liability exceeds a specified amount to prepay that tax liability. This bill would authorize the CDTFA, in its discretion, to relieve any person from the requirements to make prepayments, as described above, if specified conditions apply. (5) The Hazardous Substances Tax Law requires a generator of hazardous waste to pay to the CDTFA a generation and handling fee for each generator site, as defined, that generates hazardous waste, as specified. That law imposes various penalties, including a penalty for failure to pay and a fee for failure to pay timely. This bill would clarify that audit determinations are excluded from the calculation of any penalties for failure to pay timely.(6) This bill would also make various technical and conforming changes, and would update references to the State Board of Equalization to instead refer to the CDTFA. Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 6471.6 is added to the Revenue and Taxation Code, to read:6471.6. The department, in its discretion, may relieve any person from the requirement to make prepayments pursuant to Section 6471 if both of the following apply:(a) The person is a dealer required to pay any sales or use tax, as applicable, to the Department of Motor Vehicles pursuant to Section 6295.(b) During the prior calendar year, more than 75 percent of the gross receipts of that person are from retail sales of motor vehicles required to be registered under the Vehicle Code, except for a recreational vehicle that is either truck-mounted, permanently towable on the highways without a permit, or a park trailer, as those terms are defined in Section 18010 of the Health and Safety Code.SEC. 2. Section 6486 of the Revenue and Taxation Code is amended to read:6486. The department shall give to the retailer or person storing, using, or consuming tangible personal property written notice of its determination. The notice shall be served in one of the following manners:(a) By placing the notice in a sealed envelope, with postage paid, addressed to the retailer or person storing, using, or consuming tangible personal property at their address as it appears in the records of the department. Service made pursuant to this subdivision shall be deemed complete at the time of the deposit of the notice in the United States Post Office, or a mailbox, sub-post office, substation, or mail chute, or other facility regularly maintained or provided by the United States Postal Service, without extension of time for any reason.(b) By personally delivering the notice to the person to be served. Service made pursuant to this subdivision is complete at the time of delivery. Personal service to a corporation may be made by delivery of a notice to any person designated in the Code of Civil Procedure to be served for the corporation with summons and complaint in a civil action.(c) (1) By delivering the notice electronically via secure transmission when either of the following applies:(A) The taxpayer requests the notice of determination to be sent electronically via secure transmission.(B) The department has evidence that the taxpayer no longer receives mail at the address of record and has previously provided an address for electronic mail.(2) Service provided pursuant to paragraph (1) shall be deemed complete at the time the department electronically transmits the notice via the taxpayers secure web portal, without extension of time for any reason.SEC. 3. Section 6487 of the Revenue and Taxation Code is amended to read:6487. (a) For taxpayers filing returns, other than a return filed pursuant to Section 6452.1, on other than an annual basis, except in the case of fraud, intent to evade this part or authorized rules and regulations, or failure to make a return, every notice of a deficiency determination shall be served within three years after the last day of the calendar month following the quarterly period for which the amount is proposed to be determined or within three years after the return is filed, whichever period expires the later. In the case of failure to make a return, every notice of determination shall be served within eight years after the last day of the calendar month following the quarterly period for which the amount is proposed to be determined.(b) For taxpayers filing returns on an annual basis, except in the case of fraud, intent to evade this part or authorized rules and regulations, or failure to make a return, every notice of a deficiency determination shall be served within three years after the last day of the calendar month following the one-year period for which the amount is proposed to be determined or within three years after the return is filed, whichever period expires the later. In the case of failure to make a return, every notice of determination shall be served within eight years after the last day of the calendar month following the one-year period for which the amount is proposed to be determined.(c) The limitation specified in this section does not apply in case of a sales tax proposed to be determined with respect to sales of property for the storage, use, or other consumption of which notice of a deficiency determination has been or is served pursuant to subdivision (a) or (b) or pursuant to Section 6486, 6515, or 6536. The limitation specified in this section does not apply in case of an amount of use tax proposed to be determined with respect to storage, use, or other consumption of property for the sale of which notice of a deficiency determination has been or is served pursuant to subdivision (a) or (b) or pursuant to Section 6486, 6515, or 6536.SEC. 4. Section 6487.05 of the Revenue and Taxation Code is amended to read:6487.05. (a) Notwithstanding Section 6487, the period during which a deficiency determination may be served to a qualifying retailer is limited to three years after the last day of the calendar month following the quarterly period for which the amount is proposed to be determined. For purposes of this section, a qualifying retailer is a retailer that meets all of the following conditions:(1) The retailer is located outside this state, and has not previously registered with the department.(2) The retailer is engaged in business in this state, as defined in Section 6203.(3) The retailer voluntarily registers with the department.(4) The retailer has not been previously contacted by the department or its agents regarding the provisions of Section 6203.(5) As determined by the department, the retailers failure to file a return or failure to report or pay the tax or amount due required by law was due to reasonable cause and was not a result of negligence or intentional disregard of the law, or because of fraud or an intent to evade the provisions of this part.(b) If the department or its designee finds that the retailers failure to make a timely return or payment is due to reasonable cause and circumstances beyond the retailers control, and occurred notwithstanding the exercise of ordinary care and the absence of willful neglect, the retailer shall be relieved of the penalties imposed pursuant to this part. Any retailer seeking relief of penalty shall file a statement under penalty of perjury setting forth the facts upon which they base their claim for relief.SEC. 5. Section 6487.06 of the Revenue and Taxation Code is amended to read:6487.06. (a) Notwithstanding Section 6487, the period during which a deficiency determination may be served to a qualifying purchaser is limited to three years after the last day of the calendar month following the quarterly period for which the amount is proposed to be determined.(b) For purposes of this section, a qualifying purchaser is a person that voluntarily files an individual use tax return for tangible personal property that is purchased from a retailer outside of this state for storage, use, or other consumption in this state, and that meets all of the following conditions:(1) The purchaser resides or is located within this state and has not previously done any of the following:(A) Registered with the department.(B) Filed an individual use tax return with the department.(C) Reported an amount on their individual California income tax return.(2) The purchaser is not engaged in business in this state as a retailer, as defined in Section 6015.(3) The purchaser has not been contacted by the department regarding failure to report the use tax imposed by Section 6202.(4) The department has made a determination that the purchasers failure to file an individual use tax return or to otherwise report or pay the use tax imposed by Section 6202 was due to reasonable cause and was not caused by reason of negligence, intentional disregard of the law, or by an intent to evade the taxes imposed by this part.(c) If the department makes a determination that the purchasers failure to timely report or remit the taxes imposed by this part is due to reasonable cause or due to circumstances beyond the purchasers control, the purchaser may be relieved of any penalties imposed by this part. Any purchaser seeking relief from penalties imposed by this part shall file a statement, signed under penalty of perjury, setting forth the facts that form the basis for the claim for relief.(d) This section shall not apply to purchases of vehicles, vessels, or aircraft as defined in Article 1 (commencing with Section 6271) of Chapter 3.5.SEC. 6. Section 6487.1 of the Revenue and Taxation Code is amended to read:6487.1. In the case of a deficiency arising under this part during the lifetime of a decedent, a notice of deficiency determination shall be served within four months after written request therefor, in the form required by the department, by the fiduciary of the estate or trust or by any other person liable for the tax or any portion thereof.SEC. 7. Section 6487.2 of the Revenue and Taxation Code is amended to read:6487.2. (a) A notice of determination issued pursuant to Section 6486, 6515, or 6536 to an individual who was a general partner, as shown on the departments records, and who, prior to the period covered by the determination, withdrew from the partnership, causing a change in ownership, and failed to notify the department, shall be served within four years after the last day of the calendar month following the quarterly period in which the change of ownership occurred.(b) An individual who was a general partner, as shown on the departments records, who withdraws from a partnership without notifying the department of the change in ownership, shall not be liable for any unpaid, self-assessed liability of the partnership that becomes due at least three years after the last day of the calendar month following the quarterly period in which the change in ownership occurred.(c) Subdivisions (a) and (b) shall not apply to either of the following:(1) Cases of fraud or intent to evade this part or other administrative or interpretive regulations.(2) Any partners who retain an ownership interest in a corporation that is a successor to the partnership.(d) For purposes of this part, change in ownership means that a new person, as defined in Section 6005, is created by the action of the former owner by means of a sale, an incorporation, an addition or elimination of one or more partners, or the termination of a spouses ownership or community property interest due to legal separation or divorce.(e) For purposes of this section, individual includes only natural persons.SEC. 8. Section 6487.3 of the Revenue and Taxation Code is amended to read:6487.3. (a) (1) For persons that elect to report qualified use tax in accordance with Section 6452.1, except in the case of fraud, intent to avoid this part or authorized rules and regulations issued by the department, or the gross understatement of qualified use taxes, every notice of a deficiency determination with respect to the qualified use tax shall be served within three years after the last day for which an acceptable tax return is due or filed, whichever occurs later.(2) In the case of a gross understatement of qualified use tax, every notice of a deficiency determination with respect to the qualified use tax shall be served within six years after the last day for which an acceptable tax return is due or filed, whichever occurs later.(3) For purposes of this subdivision, a gross understatement of qualified use tax is a deficiency that is in excess of 25 percent of the amount of qualified use tax reported on a persons acceptable tax return. In the case of married individuals filing separate California personal income tax returns, the total amount of qualified use tax reported will be considered in determining whether there is a gross understatement of qualified use tax.(4) For purposes of this section, acceptable tax return means a timely filed original return that is filed pursuant to Article 1 (commencing with Section 18501), Article 2 (commencing with Section 18601), Section 18633, Section 18633.5 of Chapter 2 (commencing with Section 18501) of Part 10.2, or Article 3 (commencing with Section 23771) of Chapter 4 of Part 11.(b) This section applies to reporting of purchases of tangible personal property made on or after January 1, 2010, in taxable years beginning on or after January 1, 2010.SEC. 9. Section 6488 of the Revenue and Taxation Code is amended to read:6488. If before the expiration of the time prescribed in Section 6487 for serving a notice of deficiency determination the taxpayer has consented in writing to service of the notice after such time, the notice may be served at any time prior to the expiration of the period agreed upon. The period so agreed upon may be extended by subsequent agreements in writing made before the expiration of the period previously agreed upon.SEC. 10. Section 6515 of the Revenue and Taxation Code is amended to read:6515. Promptly after making its determination, the department shall give to the person written notice of the estimate, determination, and penalty, the notice to be served in the manner prescribed for service of notice of a deficiency determination.SEC. 11. Section 6539 of the Revenue and Taxation Code is amended to read:6539. Any notice required by this article shall be served in the manner prescribed for service of notice of a deficiency determination.SEC. 12. Section 6566 of the Revenue and Taxation Code is amended to read:6566. Any notice required by this article shall be served in the manner prescribed for service of notice of a deficiency determination.SEC. 13. Section 6597 of the Revenue and Taxation Code is amended to read:6597. (a) (1) Any person who knowingly collects sales tax reimbursement, as defined in Section 1656.1 of the Civil Code, or who knowingly collects use tax pursuant to Chapter 3 (commencing with Section 6201), and who fails to timely remit that sales tax reimbursement or use tax to the California Department of Tax and Fee Administration, shall be liable for a penalty of 40 percent of the amount not timely remitted.(2) (A) This subdivision shall not apply to any person whose liability for the unremitted sales tax reimbursement or use tax described in paragraph (1) averages one thousand five hundred dollars ($1,500) or less per month or does not exceed 25 percent of the total amount of tax liability for which the sales tax reimbursement or use tax was collected for the period in which tax was due, whichever is greater.(B) If a persons failure to make a timely remittance of sales tax reimbursement or use tax is due to a reasonable cause or circumstances beyond the persons control, and occurred notwithstanding the exercise of ordinary care and the absence of willful neglect, the person shall be relieved of the penalty imposed by this subdivision.(b) For purposes of this section:(1) Reasonable cause or circumstances beyond the persons control includes, but is not limited to, any of the following:(A) The occurrence of a death or serious illness of the person or the persons next of kin that caused the persons failure to make a timely remittance.(B) The occurrence of an emergency, as defined in Section 8558 of the Government Code that caused the persons failure to make a timely remittance.(C) A natural disaster or other catastrophe directly affecting the business operations of the person that caused the persons failure to make a timely remittance.(D) The California Department of Tax and Fee Administration failed to send returns or other information to the correct address of record, that caused the persons failure to make a timely remittance.(E) The persons failure to make a timely remittance occurred only once over a three-year period, or once during the period in which the person was engaged in business, whichever time period is shorter.(F) The person voluntarily corrected errors in remitting sales tax reimbursement or use tax collected that were made in previous reporting periods and remitted payment of the liability owed as a result of those errors prior to being contacted by the California Department of Tax and Fee Administration regarding possible errors or discrepancies.(2) Sales tax reimbursement shall also include any sales tax that is advertised, held out, or stated to the public or to any customer, directly or indirectly, that the tax or any part thereof will be assumed or absorbed by the retailer.(c) This section shall apply to any determination made by the California Department of Tax and Fee Administration pursuant to Article 2 (commencing with Section 6481), Article 3 (commencing with Section 6511), and Article 4 (commencing with Section 6536).(d) The amendments made by the act adding this subdivision shall apply to determinations made on or after January 1, 2025.SEC. 14. Section 6701 of the Revenue and Taxation Code is amended to read:6701. The department, whenever it deems it necessary to ensure compliance with this part, may require any person subject thereto, to place with it any security that the department may determine. Any security in the form of cash, government bonds, or insured deposits in banks or savings and loan institutions shall be held by the department in trust to be used solely in the manner provided by this section and Section 6815. The amount of the security shall be fixed by the department but, except as noted below, shall not be greater than twice the estimated average liability of persons filing returns for quarterly periods or three times the estimated average liability of persons required to file returns for monthly periods, determined in the manner that the department deems proper, or fifty thousand dollars ($50,000), whichever amount is the lesser. In case of a person who, pursuant to Section 6070 of this part, has been given notice of hearing to show cause why their permit or permits should not be revoked, or a person whose permit or permits has been revoked or suspended, the amount of the security shall not be greater than three times the average liability of persons filing returns for quarterly periods or five times the average liability of persons required to file returns for monthly periods, or fifty thousand dollars ($50,000), whichever amount is the lesser. The limitations herein provided apply regardless of the type of security placed with the department. The amount of the security may be increased or decreased by the department subject to the limitations herein provided. Security held by the department shall be released after a three-year period in which the person has filed all returns and paid all tax to the state or any amount of tax required to be collected and paid to the state within the time required. The department may sell the security at public auction if it becomes necessary to do so in order to recover any tax or any amount required to be collected, interest, or penalty due. Notice of the sale may be served upon the person who placed the security in the manner prescribed for service of a notice of a deficiency determination. Upon any sale, any surplus above the amounts due shall be returned to the person who placed the security.SEC. 15. Section 6829 of the Revenue and Taxation Code is amended to read:6829. (a) Upon the termination, dissolution, or abandonment of the business of a corporation, partnership, limited partnership, limited liability partnership, or limited liability company, any officer, member, manager, partner, or other person having control or supervision of, or who is charged with the responsibility for the filing of returns or the payment of tax, or who is under a duty to act for the corporation, partnership, limited partnership, limited liability partnership, or limited liability company in complying with any requirement of this part, shall, notwithstanding any provision in the Corporations Code to the contrary, be personally liable for any unpaid taxes and interest and penalties on those taxes, if the officer, member, manager, partner, or other person willfully fails to pay or to cause to be paid any taxes due from the corporation, partnership, limited partnership, limited liability partnership, or limited liability company pursuant to this part.(b) The officer, member, manager, partner, or other person shall be liable only for taxes that became due during the period they had the control, supervision, responsibility, or duty to act for the corporation, partnership, limited partnership, limited liability partnership, or limited liability company described in subdivision (a), plus interest and penalties on those taxes.(c) Personal liability may be imposed pursuant to this section, only if the department can establish that the corporation, partnership, limited partnership, limited liability partnership, or limited liability company had included tax reimbursement in the selling price of, or added tax reimbursement to the selling price of, tangible personal property sold in the conduct of its business, or when it can be established that the corporation, partnership, limited partnership, limited liability partnership, or limited liability company consumed tangible personal property and failed to pay the tax to the seller or has included use tax on the billing and collected the use tax or has issued a receipt for the use tax and failed to report and pay use tax.(d) For purposes of this section, willfully fails to pay or to cause to be paid means that the failure was the result of an intentional, conscious, and voluntary course of action.(e) Except as provided in subdivision (f), the sum due for the liability under this section may be collected by determination and collection in the manner provided in Chapter 5 (commencing with Section 6451) and Chapter 6 (commencing with Section 6701).(f) A notice of deficiency determination under this section shall be served within three years after the last day of the calendar month following the quarterly period in which the department obtains actual knowledge, through its audit or compliance activities, or by written communication by the business or its representative, of the termination, dissolution, or abandonment of the business of the corporation, partnership, limited partnership, limited liability partnership, or limited liability company, or, within eight years after the last day of the calendar month following the quarterly period in which the corporation, partnership, limited partnership, limited liability partnership, or limited liability company business was terminated, dissolved, or abandoned, whichever period expires earlier. If a business or its representative files a notice of termination, dissolution, or abandonment of its business with a state or local agency other than the department, this filing shall not constitute actual knowledge by the department under this section.SEC. 16. Section 6964 of the Revenue and Taxation Code is amended to read:6964. (a) Notwithstanding any other provision of this part, if the department finds that neither the person liable for payment of tax nor any party related to that person has in any way caused an erroneous refund for which an action for recovery is provided under Section 6961, no interest shall be imposed on the amount of that erroneous refund until 30 days after the date on which the department serves a notice of determination for repayment of the erroneous refund to the person. The act of filing a claim for refund shall not be considered as causing the erroneous refund.(b) This section is operative for any action for recovery under Section 6961 on or after July 1, 1999.SEC. 17. Section 7671 of the Revenue and Taxation Code is amended to read:7671. The department shall give the supplier written notice of its determination. The notice shall be served in one of the following manners:(a) By placing the notice in a sealed envelope, with postage paid, addressed to the supplier at the suppliers address as it appears in the records of the department. Service made pursuant to this subdivision shall be deemed complete at the time of the deposit of the notice in the United States Post Office, or a mailbox, sub-post office, substation, or mail chute, or other facility maintained or provided by the United States Postal Service, without extension of time for any reason.(b) By personally delivering the notice to the person to be served. Service made pursuant to this subdivision shall be deemed complete at the time of that delivery. Personal service to a corporation may be made by delivery of a notice to any person designated in the Code of Civil Procedure to be served for the corporation with summons and complaint in a civil action.(c) (1) By delivering the notice electronically via secure transmission when either of the following applies:(A) The taxpayer requests the notice of determination to be sent electronically via secure transmission.(B) The department has evidence that the taxpayer no longer receives mail at the address of record and has previously provided an address for electronic mail.(2) Service provided pursuant to paragraph (1) shall be deemed complete at the time the department electronically transmits the notice via the taxpayers secure web portal, without extension of time for any reason.SEC. 18. Section 7675 of the Revenue and Taxation Code is amended to read:7675. Except in the case of fraud, intent to evade this part or authorized rules and regulations, or failure to make a return, every notice of a deficiency determination shall be given to the supplier within three years after the last day of the month following the monthly period for which the amount is proposed to be determined or within three years after the return is filed, whichever period expires the later. In the case of a failure to make a return the notice of determination shall be served within eight years after the date the return was due.SEC. 19. Section 7675.1 of the Revenue and Taxation Code is amended to read:7675.1. In the case of a deficiency arising under this part during the lifetime of a decedent, a notice of deficiency determination shall be served within four months after written request therefor, in the form required by the department, by the fiduciary of the estate or trust or by any other person liable for the tax or any portion thereof.SEC. 20. Section 7676 of the Revenue and Taxation Code is amended to read:7676. If, before the expiration of the time prescribed in Section 7675 for serving a notice of deficiency determination, the taxpayer has consented in writing to service of the notice after that time, the notice may be served at any time prior to the expiration of the period agreed upon. The period so agreed upon may be extended by subsequent agreements in writing made before the expiration of the period previously agreed upon.SEC. 21. Section 8174 of the Revenue and Taxation Code is amended to read:8174. (a) Notwithstanding any other provision of this part, if the department finds that neither the person liable for payment of tax nor any party related to that person has in any way caused an erroneous refund for which an action for recovery is provided under Section 8171, no interest shall be imposed on the amount of that erroneous refund until 30 days after the date on which the department serves a notice of determination for repayment of the erroneous refund to the person. The act of filing a claim for refund shall not be considered as causing the erroneous refund.(b) This section shall be operative for any action for recovery under Section 8171 on or after January 1, 2000.SEC. 22. Section 8781 of the Revenue and Taxation Code is amended to read:8781. The department shall give the user written notice of its determination. The notice shall be served in one of the following manners:(a) By placing the notice in a sealed envelope, with postage paid, addressed to the user at their address as it appears in the records of the department. Service made pursuant to this subdivision shall be deemed complete at the time of the deposit of the notice in the United States Post Office, or a mailbox, sub-post office, substation, or mail chute, or other facility maintained or provided by the United States Postal Service, without extension of time for any reason.(b) By personally delivering the notice to the person to be served. Service made pursuant to this subdivision shall be deemed complete at the time of such delivery. Personal service to a corporation may be made by delivery of a notice to any person designated in the Code of Civil Procedure to be served for the corporation with summons and complaint in a civil action.(c) (1) By delivering the notice electronically via secure transmission when either of the following applies:(A) The taxpayer requests the notice of determination to be sent electronically via secure transmission.(B) The department has evidence that the taxpayer no longer receives mail at the address of record and has previously provided an address for electronic mail.(2) Service provided pursuant to paragraph (1) shall be deemed complete at the time the department electronically transmits the notice via the taxpayers secure web portal, without extension of time for any reason.SEC. 23. Section 8782 of the Revenue and Taxation Code is amended to read:8782. Except in the case of fraud, intent to evade the tax, or failure to make a return, every notice of a deficiency determination shall be served within three years after the last day of the calendar month following the period for which the return was due or within three years after the return is filed, whichever period expires later. If the user fails to make a return, the notice of determination shall be served within eight years after the last day of the month following the period for which the return was due.SEC. 24. Section 8782.1 of the Revenue and Taxation Code is amended to read:8782.1. In the case of a deficiency arising under this part during the lifetime of a decedent, a notice of deficiency determination shall be served within four months after written request therefor, in the form required by the department, by the fiduciary of the estate or trust or by any other person liable for the tax or any portion thereof.SEC. 25. Section 8783 of the Revenue and Taxation Code is amended to read:8783. If before the expiration of the time prescribed in Section 8782 for serving a notice of deficiency determination the taxpayer has consented in writing to the service of the notice after such time, the notice may be served at any time prior to the expiration of the period agreed upon. The period so agreed upon may be extended by subsequent agreements in writing made before the expiration of the period previously agreed upon.SEC. 26. Section 8805 of the Revenue and Taxation Code is amended to read:8805. Promptly after making its determination the department shall give to the user written notice of its estimate and determination, the notice to be served in the manner prescribed for service of notice of a deficiency determination.SEC. 27. Section 8829 of the Revenue and Taxation Code is amended to read:8829. Any notice required by this article may be served in the manner prescribed for service of notice of a deficiency determination.SEC. 28. Section 8853 of the Revenue and Taxation Code is amended to read:8853. The order or decision of the department upon a petition for redetermination becomes final 30 days after serving of notice thereof.SEC. 29. Section 8855 of the Revenue and Taxation Code is amended to read:8855. Any notice required by this article shall be served in the manner prescribed for service of notice of a deficiency determination.SEC. 30. Section 8951 of the Revenue and Taxation Code is amended to read:8951. The department, whenever it deems it necessary to ensure compliance with this part or any rule or regulation adopted under this part, may require any user or vendor to deposit with it any security that it may determine. Any security in the form of cash, government bonds, or insured deposits in banks and savings and loan institutions shall be held by the department in trust to be used solely in the manner provided for by this section and Section 8956. The department may sell the security at public sale if it becomes necessary in order to recover any amount due under this part. Notice of the sale may be served upon the person who deposited the security in the manner prescribed for service of notice of a deficiency determination. Upon any sale, any surplus above the amount due shall be returned to the person who deposited the security.SEC. 31. Section 9184 of the Revenue and Taxation Code is amended to read:9184. (a) Notwithstanding any other provision of this part, if the department finds that neither the person liable for payment of tax nor any party related to that person has in any way caused an erroneous refund for which an action for recovery is provided under Section 9181, no interest shall be imposed on the amount of that erroneous refund until 30 days after the date on which the department serves a notice of determination for repayment of the erroneous refund to the person. The act of filing a claim for refund shall not be considered as causing the erroneous refund.(b) This section shall be operative for any action for recovery under Section 9181 on or after January 1, 2000.SEC. 32. Section 12951 of the Revenue and Taxation Code is amended to read:12951. (a) If any amount has been illegally assessed, the board shall set forth that fact in its records, certify the amount determined to be assessed in excess of the amount legally assessed and the insurer or surplus line broker against which the assessment was made, and authorize the cancellation of the amount upon the records of the Controller and the board. The board shall mail a notice to the insurer or surplus line broker of any cancellation authorized. Any 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 after the effective date of that determination.(b) This section shall become operative on July 1, 2013.SEC. 33. 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, 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 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 after the effective date of that determination.(d) This section shall become operative on July 1, 2013.SEC. 34. Section 30206 of the Revenue and Taxation Code is amended to read:30206. The department shall give the person written notice of its determination. The notice shall be served in one of the following manners:(a) By placing the notice in a sealed envelope, with postage paid, addressed to the person at their address as it appears in the records of the department. Service made pursuant to this subdivision shall be deemed complete at the time of deposit of the notice in the United States Post Office, or a mailbox, sub-post office, substation, or mail chute, or other facility regularly maintained or provided by the United States Postal Service, without extension of time for any reason.(b) By personally delivering the notice to the person to be served. Service made pursuant to this subdivision shall be deemed complete at the time of such delivery. Personal service to a corporation may be made by delivery of a notice to any person designated in the Code of Civil Procedure to be served for the corporation with summons and complaint in a civil action.(c) (1) By delivering the notice electronically via secure transmission when either of the following applies:(A) The taxpayer requests the notice of determination to be sent electronically via secure transmission.(B) The department has evidence that the taxpayer no longer receives mail at the address of record and has previously provided an address for electronic mail.(2) Service provided pursuant to paragraph (1) shall be deemed complete at the time the department electronically transmits the notice via the taxpayers secure web portal, without extension of time for any reason.SEC. 35. Section 30207 of the Revenue and Taxation Code is amended to read:30207. Except in the case of fraud, intent to evade the tax, or failure to make a report or return, every notice of a deficiency determination shall be served within three years after the 25th day of the month following the month for which the amount should have been paid or the report or return was due, or within three years after the report or return was filed, whichever period expires later. In the case of failure to make a report or return, the notice of determination shall be served within eight years after the date the report or return was due.SEC. 36. Section 30207.1 of the Revenue and Taxation Code is amended to read:30207.1. In the case of a deficiency arising under this part during the lifetime of a decedent, a notice of deficiency determination shall be served within four months after written request therefor, in the form required by the department, by the fiduciary of the estate or trust or by any other person liable for the tax or any portion thereof.SEC. 37. Section 30208 of the Revenue and Taxation Code is amended to read:30208. If before the expiration of the time prescribed in Section 30207 for serving a notice of deficiency determination the taxpayer has consented in writing to the service of the notice after such time, the notice may be served at any time prior to the expiration of the period agreed upon. The period so agreed upon may be extended by subsequent agreements in writing made before the expiration of the period previously agreed upon.SEC. 38. Section 30225 of the Revenue and Taxation Code is amended to read:30225. Promptly after making its determination the department shall give to the person written notice of its estimate and determination, and of the penalty, the notice to be served in the manner prescribed for service of notice of a deficiency determination.SEC. 39. Section 30243 of the Revenue and Taxation Code is amended to read:30243. The person against whom a jeopardy determination is made may petition for the redetermination thereof pursuant to Article 5 of this chapter. They shall, however, file the petition for redetermination with the department within 10 days after the service upon them of notice of the determination. The person shall at the time of filing the petition for redetermination deposit with the department such security as it may deem necessary to insure compliance with this part. The security may be sold by the department at public sale if it becomes necessary in order to recover any amount due under this part. Notice of the sale may be served upon the person who deposited the security in the same manner as prescribed for service of notice by Section 30206. Upon any such sale, the surplus, if any, above the amount due under this part shall be returned to the person who deposited the security.SEC. 40. Section 30244 of the Revenue and Taxation Code is amended to read:30244. Any notice required by this article may be served in the manner prescribed for service of notice of a deficiency determination.SEC. 41. Section 30263 of the Revenue and Taxation Code is amended to read:30263. The order or decision of the department upon a petition for redetermination becomes final 30 days after serving of notice thereof.SEC. 42. Section 30265 of the Revenue and Taxation Code is amended to read:30265. Any notice required by this article shall be served in the manner prescribed for service of notice of a deficiency determination.SEC. 43. Section 30384 of the Revenue and Taxation Code is amended to read:30384. (a) Notwithstanding any other provision of this part, if the department finds that neither the person liable for payment of tax nor any party related to that person has in any way caused an erroneous refund for which an action for recovery is provided under Section 30381, no interest shall be imposed on the amount of that erroneous refund until 30 days after the date on which the department serves a notice of determination for repayment of the erroneous refund to the person. The act of filing a claim for refund shall not be considered as causing the erroneous refund.(b) This section shall be operative for any action for recovery under Section 30381 on or after January 1, 2000.SEC. 44. Section 32202 of the Revenue and Taxation Code is amended to read:32202. An excise tax is levied on sales made in this state of distilled spirits by common carriers on board boats, trains, and airplanes, or by persons licensed to sell distilled spirits on board such boats, trains, and airplanes, at the same rates as set forth in Section 32201. On or before the first day of each month such common carriers and such other licensed persons shall forward to the board a report of the sales of distilled spirits so made in the calendar month preceding the previous calendar month, in such detail and form as the board may prescribe and shall be filed using electronic media together with a payment sufficient to pay the tax on the sales.SEC. 45. Section 32271 of the Revenue and Taxation Code is amended to read:32271. (a) If the board is dissatisfied with the return or returns filed or amount of tax paid to the state by any taxpayer, it may compute and determine the amount to be paid based upon any information available to it. One or more additional determinations may be made of the amount of tax due for one or for more than one period. The amount of tax so determined shall bear interest at the modified adjusted rate per month, or fraction thereof, established pursuant to Section 6591.5, from the 15th day after the close of the period for which the amount of the tax, or any portion thereof, should have been reported until the date of payment. In making a determination, the board may offset overpayment for a period or periods against underpayments for another period or periods and against the interest and penalties on the underpayments.(b) If any part of the deficiency for which a determination of an additional amount due is made is found to have been occasioned by negligence or intentional disregard of this part or authorized rules, a penalty of 10 percent of the amount of the determination shall be added, plus interest as above provided.(c) If any part of the deficiency for which a determination of an additional amount due is made is found to be occasioned by fraud or an intent to evade this part or authorized rules, a penalty of 25 percent of the amount of the determination shall be added, plus interest as above provided.(d) The board shall give to the taxpayer written notice of its determination. The notice shall be served in one of the following manners:(1) By placing the notice in a sealed envelope, with postage paid, addressed to the taxpayer at their address as it appears in the records of the board. Service made pursuant to this paragraph shall be deemed complete at the time of the deposit of the notice in the United States Post Office, or a mailbox, sub-post office, substation or mail chute or other facility regularly maintained or provided by the United States Postal Service without extension of time for any reason.(2) By personally delivering the notice to the person to be served. Service made pursuant to this paragraph shall be deemed complete at the time of delivery. Personal service to a corporation may be made by delivery of a notice to any person designated in the Code of Civil Procedure to be served for the corporation with summons and complaint in a civil action.(3) (A) By delivering the notice electronically via secure transmission when either of the following applies:(i) The taxpayer requests the notice of determination to be sent electronically via secure transmission.(ii) The board has evidence that the taxpayer no longer receives mail at the address of record and has previously provided an address for electronic mail.(B) Service provided pursuant to subparagraph (A) shall be deemed complete at the time the board electronically transmits the notice via the taxpayers secure web portal, without extension of time for any reason.SEC. 46. Section 32272 of the Revenue and Taxation Code is amended to read:32272. Except in the case of a fraud, intent to evade this part or authorized rules and regulations, or failure to make a return, every notice of a determination of an additional amount due shall be served within three years after the date when the amount should have been paid or the return was due, or within three years after the return was filed, whichever period expires later. In the case of failure to make a return, the notice of determination shall be served within eight years after the date the return was due.SEC. 47. Section 32272.1 of the Revenue and Taxation Code is amended to read:32272.1. In the case of a deficiency arising under this part during the lifetime of a decedent, a notice of deficiency determination shall be served within four months after written request therefor, in the form required by the board, by the fiduciary of the estate or trust or by any other person liable for the tax or any portion thereof.SEC. 48. Section 32273 of the Revenue and Taxation Code is amended to read:32273. If before the expiration of the time prescribed in Section 32272 for the serving of a notice of deficiency determination the taxpayer has consented in writing to the serving of the notice after such time, the notice may be served at any time prior to the expiration of the period agreed upon. The period so agreed upon may be extended by subsequent agreements in writing made before the expiration of the period previously agreed upon.SEC. 49. Section 32291 of the Revenue and Taxation Code is amended to read:32291. If any taxpayer fails to make a return required by this part, the board shall make an estimate, based upon any information available to it, for the period or periods with respect to which the taxpayer failed to make a return of all alcoholic beverages sold in this state by them. Upon the basis of this estimate the board shall compute and determine the amount required to be paid to the state, adding to the sum thus fixed a penalty equal to 10 percent thereof. One or more determinations may be made of the amount of tax due for one or for more than one period. The amount of tax so determined shall bear interest at the modified adjusted rate per month, or fraction thereof, established pursuant to Section 6591.5, from the 15th day of the month following the close of the period for which the amount of the tax, or any portion thereof, should have been returned until the date of payment. In making a determination the board may offset overpayments for a period or periods against underpayments for another period or periods and against interest and penalties on the underpayments. If any part of the deficiency for which a determination is made is due to negligence or intentional disregard of this part or authorized rules, an additional penalty of 10 percent of the amount of the determination shall be added. If the neglect or refusal of a taxpayer to file a return as required by this part was due to fraud or an intent to evade the tax, there shall be added to the tax a penalty equal to 25 percent thereof in addition to the 10 percent penalty. The board shall give to the taxpayer written notice of the estimate and determination, the notice to be served in the same manner as prescribed for service of notice by Section 32271.SEC. 50. Section 32306 of the Revenue and Taxation Code is amended to read:32306. Any notice required by this section shall be served in the same manner as prescribed for service of notice by Section 32271.SEC. 51. Section 32312 of the Revenue and Taxation Code is amended to read:32312. The taxpayer against whom a jeopardy determination is made may file a petition for the redetermination thereof, pursuant to Article 4 of this chapter, with the board within 10 days after the service upon them of notice of the determination, but they shall within the 10-day period deposit with the board such security as it deems necessary to insure compliance with the provisions of this part. The security may be sold by the board at public sale if it becomes necessary in order to recover any amount due under this part. Notice of the sale may be served upon the person who deposited the security in the same manner as prescribed for service of notice by Section 32271. Upon any such sale, the surplus, if any, above the amount due under this division shall be returned to the person who deposited the security.SEC. 52. Section 32387 of the Revenue and Taxation Code is amended to read:32387. (a) The board may, by notice of levy served personally, by first-class mail, or by electronic transmission or other electronic technology, require all persons having in their possession, or under their control, any payments, credits other than payments, or other personal property belonging to a taxpayer or other person liable for any amount under this part to withhold from these credits or other personal property the amount of any tax, interest, or penalties due from the taxpayer or other person, or the amount of any liability incurred by them under this part, and to transmit the amount withheld to the board at the time it may designate. The notice of levy shall have the same effect as a levy pursuant to a writ of execution except for the continuing effect of the levy, as provided in subdivision (b).(b) The person served shall continue to withhold pursuant to the notice of levy until the amount specified in the notice, including accrued interest, has been paid in full, until the notice is withdrawn, or until one year from the date the notice is received, whichever occurs first.(c) The amount required to be withheld is the lesser of the following:(1) The amount due stated on the notice.(2) The sum of both of the following:(A) The amount of the payments, credits other than payments, or personal property described above and under the persons possession or control when the notice of levy is served on the person.(B) The amount of each payment that becomes due following service of the notice of levy on the person and prior to the expiration of the levy.(d) For the purposes of this section, the term payments does not include earnings as that term is defined in subdivision (a) of Section 706.011 of the Code of Civil Procedure or funds in a deposit account as defined in paragraph (29) of subdivision (a) of Section 9102 of the Commercial Code. The term payments does include any of the following:(1) Payments due for services of independent contractors, dividends, rents, royalties, residuals, patent rights, or mineral or other natural rights.(2) Payments or credits due or becoming due periodically as a result of an enforceable obligation to the distributor, dealer, or other person liable for the tax.(3) Any other payments or credits due or becoming due the distributor, dealer, or other person liable as the result of written or oral contracts for services or sales whether denominated as wages, salary, commission, bonus, or otherwise.(e) In the case of a financial institution, to be effective, the notice shall state the amount due from the consumer and shall be delivered, mailed, or served by electronic transmission or other electronic technology, to the branch or office of the financial institution where the credits or other property is held, unless another branch or office is designated by the financial institution to receive the notice.SEC. 53. Section 32432.5 of the Revenue and Taxation Code is amended to read:32432.5. (a) Notwithstanding any other provision of this part, if the board finds that neither the person liable for payment of tax nor any party related to that person has in any way caused an erroneous refund for which an action for recovery is provided under Section 32431, no interest shall be imposed on the amount of that erroneous refund until 30 days after the date on which the board serves a notice of determination for repayment of the erroneous refund to the person. The act of filing a claim for refund shall not be considered as causing the erroneous refund.(b) This section shall be operative for any action for recovery under Section 32431 on or after January 1, 2000.SEC. 54. Section 32452 of the Revenue and Taxation Code is amended to read:32452. (a) In addition to any other reports or schedules required under this part, the board may, by rule and otherwise, require additional, other, or supplemental reports or schedules from alcoholic beverage licensees, common and private carriers, and other persons and prescribe the form, including verification, of the information to be given on, and the times for filing of, such additional, other, or supplemental reports or schedules.(b) Any reports or schedules required to be filed under this section shall be filed using electronic media. Reports shall be authenticated in a form or pursuant to methods as may be prescribed by the board.(c) The failure or refusal of any person to render the reports required under this section is a misdemeanor.SEC. 55. Section 38416 of the Revenue and Taxation Code is amended to read:38416. The department shall give to the person written notice of its determination. The notice shall be served in one of the following manners:(a) By placing the notice in a sealed envelope, with postage paid, addressed to the person at their address as it appears in the records of the department. Service made pursuant to this subdivision shall be deemed complete at the time of the deposit of the notice in the United States Post Office, or a mailbox, sub-post office, substation, or mail chute, or other facility regularly maintained or provided by the United States Postal Service, without extension of time for any reason.(b) By personally delivering the notice to the person to be served. Service made pursuant to this subdivision is complete at the time of delivery. Personal service to a corporation may be made by delivery of a notice to any person designated in the Code of Civil Procedure to be served for the corporation with summons and complaint in a civil action.(c) (1) By delivering the notice electronically via secure transmission when either of the following applies:(A) The taxpayer requests the notice of determination to be sent electronically via secure transmission.(B) The department has evidence that the taxpayer no longer receives mail at the address of record and has previously provided an address for electronic mail.(2) Service provided pursuant to paragraph (1) shall be deemed complete at the time the department electronically transmits the notice via the taxpayers secure web portal, without extension of time for any reason.SEC. 56. Section 38417 of the Revenue and Taxation Code is amended to read:38417. Except in the case of fraud, intent to evade this part or authorized rules and regulations, or failure to make a return, every notice of a deficiency determination shall be served within three years after the last day of the calendar month following the quarterly period for which the amount is proposed to be determined or within three years after the return is filed, whichever period expires the later. In the case of failure to make a return, every notice of determination shall be served within eight years after the last day of the calendar month following the quarterly period for which the amount is proposed to be determined.SEC. 57. Section 38418 of the Revenue and Taxation Code is amended to read:38418. In the case of a deficiency arising under this part during the lifetime of a decedent, a notice of deficiency determination shall be served within four months after written request therefor, in the form required by the department, by the fiduciary of the estate or trust or by any other person liable for the tax or any portion thereof.SEC. 58. Section 38419 of the Revenue and Taxation Code is amended to read:38419. If before the expiration of the time prescribed in Section 38417 for serving a notice of deficiency determination the taxpayer has consented in writing to the service of the notice after such time, the notice may be served at any time prior to the expiration of the period agreed upon. The period so agreed upon may be extended by subsequent agreements in writing made before the expiration of the period previously agreed upon.SEC. 59. Section 38425 of the Revenue and Taxation Code is amended to read:38425. Promptly after making its determination the department shall give to the person written notice of the estimate, determination, and penalty, the notice to be served in the manner prescribed for service of notice of a deficiency determination.SEC. 60. Section 38434 of the Revenue and Taxation Code is amended to read:38434. Any notice required by this article shall be served in the manner prescribed for service of notice of a deficiency determination.SEC. 61. Section 38447 of the Revenue and Taxation Code is amended to read:38447. Any notice required by this article shall be served in the manner prescribed for service of notice of a deficiency determination.SEC. 62. Section 38501 of the Revenue and Taxation Code is amended to read:38501. The department, whenever it deems it necessary to ensure compliance with this part, may require any person subject thereto, to place with it such security as the department may determine. Any security in the form of cash, government bonds, or insured deposits in banks or savings and loan institutions shall be held by the department in trust to be used solely in the manner provided by this section and Section 38565. The amount of the security shall be fixed by the department but, except as noted below, shall not be greater than twice the estimated average liability of persons filing returns for quarterly periods or three times the estimated average liability of persons required to file returns for monthly periods, determined in such manner as the department deems proper, or ten thousand dollars ($10,000), whichever amount is the lesser. The limitations herein provided apply regardless of the type of security placed with the department. The amount of the security may be increased or decreased by the department subject to the limitations herein provided. The department may sell the security at public auction if it becomes necessary to do so in order to recover any tax or any amount required to be collected, interest, or penalty due. Notice of the sale may be served upon the person who placed the security in the manner prescribed for service of a notice of a deficiency determination. Security in the form of a bearer bond issued by the United States or the State of California which has a prevailing market price may, however, be sold by the department at private sale at a price not lower than the prevailing market price thereof. Upon any sale any surplus above the amounts due shall be returned to the person who placed the security.SEC. 63. Section 38624 of the Revenue and Taxation Code is amended to read:38624. (a) Notwithstanding any other provision of this part, if the department finds that neither the person liable for payment of tax nor any party related to that person has in any way caused an erroneous refund for which an action for recovery is provided under Section 38621, no interest shall be imposed on the amount of that erroneous refund until 30 days after the date on which the department serves a notice of determination for repayment of the erroneous refund to the person. The act of filing a claim for refund shall not be considered as causing the erroneous refund.(b) This section shall be operative for any action for recovery under Section 38621 on or after January 1, 2000.SEC. 64. Section 40005 of the Revenue and Taxation Code is amended to read:40005. Board or department means the California Department of Tax and Fee Administration.SEC. 65. Section 40076 of the Revenue and Taxation Code is amended to read:40076. The department shall give to the electric utility or person consuming electrical energy written notice of its determination. The notice shall be served in one of the following manners:(a) By placing the notice in a sealed envelope with postage paid addressed to the electric utility or person consuming electrical energy at their address as it appears in the records of the department. Service made pursuant to this subdivision shall be deemed complete at the time of the deposit of the notice in the United States Post Office, or a mailbox, sub-post office, substation, or mail chute, or other facility regularly maintained or provided by the United States Postal Service, without extension of time for any reason.(b) By personally delivering the notice to the person to be served. Service made pursuant to this subdivision shall be deemed complete at the time of such delivery. Personal service to a corporation may be made by delivery of a notice to any person designated in the Code of Civil Procedure to be served for the corporation with summons and complaint in a civil action.(c) (1) By delivering the notice electronically via secure transmission when either of the following applies:(A) The feepayer requests the notice of determination to be sent electronically via secure transmission.(B) The department has evidence that the feepayer no longer receives mail at the address of record and has previously provided an address for electronic mail.(2) Service provided pursuant to paragraph (1) shall be deemed complete at the time the department electronically transmits the notice via the feepayers secure web portal, without extension of time for any reason.SEC. 66. Section 40077 of the Revenue and Taxation Code is amended to read:40077. Except in the case of fraud, intent to evade this part or authorized rules and regulations, or failure to make a return every notice of a deficiency determination shall be served within three years after the last day of the calendar month following the quarterly period for which the amount is proposed to be determined or within three years after the return is filed, whichever period expires the later. In the case of failure to make a return, every notice of determination shall be served within eight years after the last day of the calendar month following the quarterly period for which the amount is proposed to be determined.SEC. 67. Section 40078 of the Revenue and Taxation Code is amended to read:40078. In the case of a deficiency arising under this part during the lifetime of a decedent, a notice of deficiency determination shall be served within four months after written request therefor, in the form required by the department, by the fiduciary of the estate or trust or by any other person liable for the surcharge or any portion thereof.SEC. 68. Section 40079 of the Revenue and Taxation Code is amended to read:40079. If, before the expiration of the time prescribed in Section 40077 for serving a notice of deficiency determination, the taxpayer has consented in writing to the service of the notice after such time, the notice may be served at any time prior to the expiration of the period agreed upon. The period so agreed upon may be extended by subsequent agreements in writing made before the expiration of the period previously agreed upon.SEC. 69. Section 40085 of the Revenue and Taxation Code is amended to read:40085. Promptly after making its determination the department shall give to the person written notice of the estimate, determination, and penalty, the notice to be served in the manner prescribed for service of notice of a deficiency determination.SEC. 70. Section 40097 of the Revenue and Taxation Code is amended to read:40097. Any notice required by this article shall be served in the manner prescribed for service of notice of a deficiency determination.SEC. 71. Section 41075 of the Revenue and Taxation Code is amended to read:41075. The department shall give to the service supplier, seller, or service user written notice of its determination. The notice shall be served in one of the following manners:(a) By placing the notice in a sealed envelope with postage paid addressed to the service supplier, seller, or service user at the service suppliers, sellers, or service users address as it appears in the records of the department. Service made pursuant to this subdivision shall be deemed complete at the time of the deposit of the notice in the United States Post Office or facility regularly maintained or provided by the United States Postal Service, without extension of time for any reason.(b) By personally delivering the notice to the person to be served. Service made pursuant to this subdivision shall be deemed complete at the time of such delivery. Personal service to a corporation may be made by delivery of a notice to any person designated in the Code of Civil Procedure to be served for the corporation with summons and complaint in a civil action.(c) (1) By delivering the notice electronically via secure transmission when either of the following applies:(A) The feepayer requests the notice of determination to be sent electronically via secure transmission.(B) The department has evidence that the feepayer no longer receives mail at the address of record and has previously provided an address for electronic mail.(2) Service provided pursuant to paragraph (1) shall be deemed complete at the time the department electronically transmits the notice via the feepayers secure web portal, without extension of time for any reason.SEC. 72. Section 41076 of the Revenue and Taxation Code is amended to read:41076. Except in the case of fraud, intent to evade this part or authorized rules and regulations, or failure to make a return, every notice of a deficiency determination shall be served within three years after the last day of the second calendar month following the reporting period for which the amount is proposed to be determined or within three years after the return is filed, whichever period expires the later. In the case of failure to make a return, every notice of determination shall be served within eight years after the last day of the second calendar month following the reporting period for which the amount is proposed to be determined.SEC. 73. Section 41077 of the Revenue and Taxation Code is amended to read:41077. In the case of a deficiency arising under this part during the lifetime of a decedent, a notice of deficiency determination shall be served within four months after written request therefor, in the form required by the department, by the fiduciary of the estate or trust or by any other person liable for the surcharge or any portion thereof.SEC. 74. Section 41078 of the Revenue and Taxation Code is amended to read:41078. If before the expiration of the time prescribed in Section 41076 for serving a notice of deficiency determination, the taxpayer has consented in writing to service of the notice after that time, the notice may be served at any time prior to the expiration of the period agreed upon. The period so agreed upon may be extended by subsequent agreements in writing made before the expiration of the period previously agreed upon.SEC. 75. Section 41084 of the Revenue and Taxation Code is amended to read:41084. Promptly after making its determination the department shall give to the person written notice of the estimate, determination, and penalty, the notice to be served in the manner prescribed for service of notice of a deficiency determination.SEC. 76. Section 41091 of the Revenue and Taxation Code is amended to read:41091. Any notice required by this article shall be served in the manner prescribed for service of notice of a deficiency determination.SEC. 77. Section 43007 of the Revenue and Taxation Code is amended to read:43007. Board means the California Department of Tax and Fee Administration.SEC. 78. Section 43155.01 of the Revenue and Taxation Code is amended to read:43155.01. (a) A person who fails to pay any generation and handling fee or installment, except amounts of determinations made by the California Department of Tax and Fee Administration under Article 2 (commencing with Section 43201), within the time required shall pay a penalty, plus interest at the modified adjusted rate per month, or fraction of a month, established pursuant to Section 6591.5, from the date on which the fee or the amount of fee required to be collected became due and payable to the state until the date of payment, as follows:(1) For a delinquency period of 30 days or fewer from the date the installment or fee became due and payable, the penalty shall be 10 percent of the amount of the delinquent fee or installment not timely remitted.(2) For a delinquency period of at least 31 days, but not more than 60 days, from the date the installment or fee became due and payable, the penalty shall be 25 percent of the amount of the delinquent fee or installment not timely remitted.(3) For a delinquency period of at least 61 days, but not more than 90 days, from the date the installment or fee became due and payable, the penalty shall be 50 percent of the amount of the delinquent fee or installment not timely remitted.(4) For a delinquency period of 91 days or more from the date the installment or fee became due and payable, the penalty shall be 100 percent of the amount of the delinquent fee or installment not timely remitted.(b) For any person who fails to file a generation and handling fee return with the California Department of Tax and Fee Administration in accordance with this part within the time prescribed for the filing of a generation and handling fee return, a penalty shall be added on account of the delinquency, as follows:(1) For a delinquency period of 30 days or fewer from the date the return became due, the penalty shall be 10 percent of the amount of the fee, exclusive of previously remitted installments.(2) For a delinquency period of at least 31 days, but not more than 60 days, from the date the return became due, the penalty shall be 25 percent of the amount of the fee, exclusive of previously remitted installments.(3) For a delinquency period of at least 61 days, but not more than 90 days, from the date the return became due, the penalty shall be 50 percent of the amount of the fee, exclusive of previously remitted installments.(4) For a delinquency period of 91 days or more from the date the return became due, the penalty shall be 100 percent of the amount of the fee, exclusive of previously remitted installments.(c) The sum of the penalties imposed pursuant to subdivisions (a) and (b) shall not exceed 100 percent of the total fee required pursuant to Section 25205.5 of the Health and Safety Code.(d) Notwithstanding any other limitation to the penalty amount imposed for any one installment, fee, or return specified in this part, the penalties imposed pursuant to this section shall be in addition to any other penalties imposed under this part.(e) This section applies to any fee imposed pursuant to Section 25205.5 of the Health and Safety Code for any return or payment that becomes due on or after November 30, 2024. SEC. 79. Section 43201 of the Revenue and Taxation Code is amended to read:43201. (a) If the California Department of Tax and Fee Administration is dissatisfied with the return or report filed or the amount of tax paid to the state by any taxpayer, or if no return or report has been filed or no payment or payments of the taxes have been made to the state by a taxpayer, the California Department of Tax and Fee Administration may compute and determine the amount to be paid, based upon any information available to it. In addition, where the California Department of Tax and Fee Administration is authorized to collect a tax for another state agency, the California Department of Tax and Fee Administration may issue a notice of determination or similar billing document for collection of the tax. One or more additional determinations may be made of the amount of tax due for one, or for more than one, period. The amount of tax so determined shall bear interest at the modified adjusted rate per month, or fraction thereof, established pursuant to Section 6591.5, from the date the amount of the tax, or any portion thereof, became due and payable until the date of payment. In making a determination, the California Department of Tax and Fee Administration may offset overpayments for a period or periods against underpayments for another period or periods and against the interest and penalties on the underpayments.(b) If any part of the deficiency for which a determination of an additional amount due is found to have been occasioned by negligence or intentional disregard of this part or authorized regulations, a penalty of 10 percent of the amount of the determination shall be added, plus interest as provided above.(c) If any part of the deficiency for which a determination of an additional amount due is found to be occasioned by fraud or an intent to evade this part or authorized regulations, a penalty of 25 percent of the amount of the determination shall be added, plus interest as provided in subdivision (a).(d) The California Department of Tax and Fee Administration shall give to the taxpayer written notice of its determination. The notice shall be served in one of the following manners:(1) By placing the notice in a sealed envelope, with postage paid, addressed to the taxpayer at their address as it appears in the records of the California Department of Tax and Fee Administration. Service made pursuant to this paragraph shall be deemed complete at the time of the deposit of the notice in a United States Post Office, or a mailbox, sub-post office, substation, or mail chute, or other facility regularly maintained or provided by the United States Postal Service without extension of time for any reason.(2) By personally delivering the notice to the person to be served. Service made pursuant to this paragraph shall be deemed complete at the time of delivery. Personal service to a corporation may be made by delivery of a notice to any person designated in the Code of Civil Procedure to be served for the corporation with summons and complaint in a civil action.(3) (A) By delivering the notice electronically via secure transmission when either of the following applies:(i) The taxpayer requests the notice of determination to be sent electronically via secure transmission.(ii) The California Department of Tax and Fee Administration has evidence that the taxpayer no longer receives mail at the address of record and has previously provided an address for electronic mail.(B) Service provided pursuant to subparagraph (A) shall be deemed complete at the time the California Department of Tax and Fee Administration electronically transmits the notice via the taxpayers secure web portal, without extension of time for any reason.(e) This section shall not apply to any fee imposed pursuant to Section 25205.5 or 25205.5.2 of the Health and Safety Code for any return or payment that becomes due on or after November 30, 2024.SEC. 80. Section 43201.01 of the Revenue and Taxation Code is amended to read:43201.01. (a) If the California Department of Tax and Fee Administration is dissatisfied with the return or report filed or the amount of fee paid to the state by any feepayer, or if no return or report has been filed or no payment or payments of the fees have been made to the state by a feepayer, the California Department of Tax and Fee Administration may compute and determine the amount to be paid, based upon any information available to it. In addition, where the California Department of Tax and Fee Administration is authorized to collect a fee for another state agency, the California Department of Tax and Fee Administration may issue a notice of determination or similar billing document for collection of the fee. One or more additional determinations may be made of the amount of fee due for one, or for more than one, period. The amount of fee so determined shall bear interest at the modified adjusted rate per month, or fraction thereof, established pursuant to Section 6591.5, from the date the amount of the fee, or any portion thereof, became due and payable until the date of payment. In making a determination, the California Department of Tax and Fee Administration may offset overpayments for a period or periods against underpayments for another period or periods and against the interest and penalties on the underpayments.(b) If any part of the deficiency for which a determination of an additional amount due is found to have been occasioned by negligence or intentional disregard of this part or authorized regulations, a penalty of 10 percent of the amount of the determination shall be added, plus interest as provided in subdivision (a).(c) If a feepayer willfully or knowingly provides incorrect information or withholds information that results in a deficient payment or nonpayment, as determined by California Department of Tax and Fee Administration, a penalty of 300 percent of the amount of the determination shall be added.(d) Notwithstanding any other limitation to the maximum penalty amount imposed for any one payment or return specified in this part, the penalties imposed pursuant to this section shall be in addition to any other penalties imposed under this part.(e) The California Department of Tax and Fee Administration shall give to the feepayer written notice of its determination. The notice shall be served in one of the following manners: (1) By placing the notice in a sealed envelope, with postage paid, addressed to the feepayer at their address as it appears in the records of the California Department of Tax and Fee Administration. Service made pursuant to this paragraph shall be deemed complete at the time of the deposit of the notice in a United States post office, or a mailbox, subpost office, substation or mail chute, or other facility regularly maintained or provided by the United States Postal Service without extension of time for any reason.(2) By personally delivering the notice to the person to be served. Service made pursuant to this paragraph shall be deemed complete at the time of delivery. Personal service to a corporation may be made by delivery of a notice to any person designated in the Code of Civil Procedure to be served for the corporation with summons and complaint in a civil action.(3) (A) By delivering the notice electronically via secure transmission when either of the following applies:(i) The feepayer requests the notice of determination to be sent electronically via secure transmission.(ii) The California Department of Tax and Fee Administration has evidence that the feepayer no longer receives mail at the address of record and has previously provided an address for electronic mail.(B) Service provided pursuant to subparagraph (A) shall be deemed complete at the time the California Department of Tax and Fee Administration electronically transmits the notice via the feepayers secure web portal, without extension of time for any reason.(f) This section shall only apply to any return or payment that becomes due on or after November 30, 2024, and shall only apply to the generation and handling fee imposed pursuant to Section 25205.5 or 25205.5.2 of the Health and Safety Code.SEC. 81. Section 43202 of the Revenue and Taxation Code is amended to read:43202. (a) Except in the case of fraud, intent to evade this part, authorized rules and regulations, or failure to make a return, every notice of a determination of an additional amount due shall be served within three years after the date when the amount should have been paid or the return was due, or within three years after the return was filed, whichever period expires later. In the case of failure to make a return, the notice of determination shall be served within eight years after the date the report or return was due.(b) The limitation specified in subdivision (a) shall not apply to a liability for the fees described in subdivisions (b) and (c) of Section 25205.25 of the Health and Safety Code that is proposed to be determined with respect to a taxpayer if a notice of determination for the fee imposed pursuant to Section 25205.2 of the Health and Safety Code has been given pursuant to Section 43201 or 43350 for the same period and site, or with respect to a taxpayer that has paid the fee imposed by Section 25205.2 of the Health and Safety Code for the same period and site. The notice of determination with respect to the fees described in subdivisions (b) and (c) of Section 25205.25 of the Health and Safety Code shall be given within 90 days from the date of final action of the California Department of Tax and Fee Administration or final judicial action, whichever is later, concerning liability for the fee imposed pursuant to Section 25205.2 of the Health and Safety Code.(c) The limitation specified in subdivision (a) shall not apply to a liability for the fee imposed pursuant to Section 25205.2 of the Health and Safety Code that is proposed to be determined with respect to a taxpayer if a notice of determination for the fees described in subdivisions (b) and (c) of Section 25205.25 of the Health and Safety Code has been given pursuant to Section 43201 or 43350 for the same period and site, or with respect to a taxpayer that has paid the fees described in subdivisions (b) and (c) of Section 25205.25 of the Health and Safety Code for the same period and site. The notice of determination with respect to the fee imposed pursuant to Section 25205.2 of the Health and Safety Code shall be given within 90 days from the date of final action of the California Department of Tax and Fee Administration or final judicial action, whichever is later, concerning liability for the fees described in subdivisions (b) and (c) of Section 25205.25 of the Health and Safety Code.SEC. 82. Section 43203 of the Revenue and Taxation Code is amended to read:43203. In the case of a deficiency arising under this part during the lifetime of a decedent, a notice of deficiency determination shall be served within four months after written request therefor, in the form required by the California Department of Tax and Fee Administration, by the fiduciary of the estate or trust or by any other person liable for the tax or any portion thereof.SEC. 83. Section 43204 of the Revenue and Taxation Code is amended to read:43204. If before the expiration of the time prescribed in Section 43202 for serving a notice of deficiency determination the taxpayer has consented in writing to service of the notice after such time, the notice may be served at any time prior to the expiration of the period agreed upon. The period so agreed upon may be extended by subsequent agreements in writing made before the expiration of the period previously agreed upon.SEC. 84. Section 43307 of the Revenue and Taxation Code is amended to read:43307. Any notice required by this article shall be served in the same manner as prescribed for service of notice by Section 43201 or 43201.01.SEC. 85. Section 43351 of the Revenue and Taxation Code is amended to read:43351. The taxpayer against whom a jeopardy determination is made may file a petition for the redetermination thereof, pursuant to Article 4 (commencing with Section 43301), with the California Department of Tax and Fee Administration within 10 days after the service upon the taxpayer of notice of the determination, but they shall, within the 10-day period, deposit with the California Department of Tax and Fee Administration such security as it deems necessary to insure compliance with the provisions of this part. The security may be sold by the California Department of Tax and Fee Administration at public sale if it becomes necessary in order to recover any amount due under this part. Notice of the sale may be served upon the person who deposited the security in the same manner as prescribed for service of notice by Section 43201 or 43201.01. Upon any such sale, the surplus, if any, above the amount due under this part shall be returned to the person who deposited the security.SEC. 86. Section 43484 of the Revenue and Taxation Code is amended to read:43484. (a) Notwithstanding any other provision of this part, if the California Department of Tax and Fee Administration finds that neither the person liable for payment of tax nor any party related to that person has in any way caused an erroneous refund for which an action for recovery is provided under Section 43481, no interest shall be imposed on the amount of that erroneous refund until 30 days after the date on which the California Department of Tax and Fee Administration serves a notice of determination for repayment of the erroneous refund to the person. The act of filing a claim for refund shall not be considered as causing the erroneous refund.(b) This section shall be operative for any action for recovery under Section 43481 on or after January 1, 2000.SEC. 87. Section 43507.5 of the Revenue and Taxation Code is amended to read:43507.5. (a) The Legislature hereby finds and declares that changes made to the imposition and administration of the disposal fee, facility fee, generator fee, and transportable treatment unit fee set forth in Sections 28, 53, 54, and 64 of Chapter 73 of the Statutes of 2021 were not intended to repeal the authority of the Department of Toxic Substances Control and the California Department of Tax and Fee Administration to continue to administer and collect those fees. Therefore, the California Department of Tax and Fee Administration may continue billing and collecting fees due, making any refunds and effecting any credits, disposing of the money collected, and assessing any interest or penalties that have accrued, and may commence or continue to pursue any action or proceeding regarding the following fees:(1) The disposal fee imposed pursuant to Section 25174.1 of the Health and Safety Code, as that section read on December 31, 2022, for hazardous waste disposed of on or before June 30, 2022, that was due and payable on or before September 30, 2022.(2) The generator fee imposed pursuant to Section 25205.5 of the Health and Safety Code, as that section read on December 31, 2021, for hazardous waste generated on or before December 31, 2021, that was due and payable on or before February 28, 2022.(3) The transportable treatment unit fee imposed pursuant to Section 25205.14 of the Health and Safety Code, as that section read on December 31, 2022, for each facility or transportable treatment unit authorized on or before June 30, 2022, and that was due and payable on or before December 31, 2022.(b) A fee, including any applicable penalty or interest, collected pursuant to this section shall be administered pursuant to this part as it read at the time the fees described in subdivision (a) were originally imposed.SEC. 88. Section 45007 of the Revenue and Taxation Code is amended to read:45007. Board or department means the California Department of Tax and Fee Administration.SEC. 89. Section 45201 of the Revenue and Taxation Code is amended to read:45201. (a) If the department is dissatisfied with the report or return filed or the amount of fee paid to the state by any fee payer, or if no report or return has been filed or no payment or payments of the fees have been made to the state by a fee payer, the department may compute and determine the amount to be paid, based upon any information available to it. One or more additional determinations may be made of the amount of fee due for one, or for more than one, period. The amount of fee so determined shall bear interest at the modified adjusted rate per month, or fraction thereof, established pursuant to Section 6591.5, from the date the amount of the fee, or any portion thereof, became due and payable until the date of payment. In making a determination, the department may offset overpayments for a period or periods against underpayments for another period or periods and against the interest and penalties on the underpayments.(b) If any part of the deficiency for which a determination of an additional amount due is made is found to have been occasioned by negligence or intentional disregard of this part or regulations adopted by the department pursuant to this part, a penalty of 10 percent of the amount of that determination shall be added, plus interest as provided in subdivision (a).(c) If any part of the deficiency for which a determination of an additional amount due is made is found to be occasioned by fraud or an intent to evade this part or authorized regulations, a penalty of 25 percent of the amount of the determination shall be added, plus interest as provided in subdivision (a).(d) The department shall give to the fee payer written notice of its determination. The notice shall be served in one of the following manners:(1) By placing the notice in a sealed envelope, with postage paid, addressed to the fee payer at their address as it appears in the records of the department. Service made pursuant to this paragraph shall be deemed complete at the time of the deposit of the notice in a United States Post Office, or a mailbox, sub-post office, substation, mail chute, or other facility regularly maintained or provided by the United States Postal Service, without extension of time for any reason.(2) By personally delivering the notice to the person to be served. Service made pursuant to this paragraph shall be deemed complete at the time of delivery. Personal service to a corporation may be made by delivery of a notice to any person designated in the Code of Civil Procedure to be served for the corporation with summons and complaint in a civil action.(3) (A) By delivering the notice electronically via secure transmission when either of the following applies:(i) The feepayer requests the notice of determination to be sent electronically via secure transmission.(ii) The department has evidence that the feepayer no longer receives mail at the address of record and has previously provided an address for electronic mail.(B) Service provided pursuant to subparagraph (A) shall be deemed complete at the time the department electronically transmits the notice via the feepayers secure web portal, without extension of time for any reason.SEC. 90. Section 45202 of the Revenue and Taxation Code is amended to read:45202. Except in the case of fraud, intent to evade this part or rules and regulations adopted under this part, or failure to make a report or return, every notice of a determination of an additional amount due shall be served within three years after the date when the amount was required to have been paid or the report or return was due, or within three years after the report or return was filed, whichever period expires later. In the case of failure to make a report or return, the notice of determination shall be served within eight years after the date the report or return was due.SEC. 91. Section 45203 of the Revenue and Taxation Code is amended to read:45203. If, before the expiration of the time prescribed in Section 45202 for serving a notice of deficiency determination, the fee payer has consented in writing to the service of the notice after that time, the notice may be served at any time prior to the expiration of the period agreed upon. The period agreed upon may be extended by subsequent agreements in writing made before the expiration of the period previously agreed upon.SEC. 92. Section 45307 of the Revenue and Taxation Code is amended to read:45307. Any notice required by this article shall be served in the same manner as prescribed for service of notice by Section 43201.SEC. 93. Section 45352 of the Revenue and Taxation Code is amended to read:45352. The fee payer against whom a jeopardy determination is made may file a petition for the redetermination thereof, pursuant to Article 3 (commencing with Section 45301), with the California Department of Tax and Fee Administration within 10 days after the service upon the fee payer of notice of the determination, and they shall, within the 10-day period, deposit with the California Department of Tax and Fee Administration that security which the California Department of Tax and Fee Administration deems necessary to insure compliance with this part. The security may be sold by the California Department of Tax and Fee Administration at public sale if it becomes necessary in order to recover any amount due under this part. Notice of the sale may be served upon the person who deposited the security in the same manner as prescribed for service of notice by Section 45201. After that sale, the surplus, if any, above the amount due under this part shall be returned to the person who deposited the security.SEC. 94. Section 45752 of the Revenue and Taxation Code is amended to read:45752. (a) Notwithstanding any other provision of this part, if the department finds that neither the person liable for payment of fee nor any party related to that person has in any way caused an erroneous refund for which an action for recovery is provided under Section 45751, no interest shall be imposed on the amount of that erroneous refund until 30 days after the date on which the department serves a notice of determination for repayment of the erroneous refund to the person. The act of filing a claim for refund shall not be considered as causing the erroneous refund.(b) This section shall be operative for any action for recovery under Section 45751 on or after January 1, 2000.SEC. 95. Section 46009 of the Revenue and Taxation Code is amended to read:46009. Board or department means the California Department of Tax and Fee Administration.SEC. 96. Section 46202 of the Revenue and Taxation Code is amended to read:46202. The department shall give to the feepayer written notice of its determination. The notice shall be served in one of the following manners:(a) By placing the notice in a sealed envelope, with postage paid, addressed to the feepayer at their address as it appears in the records of the department. Service made pursuant to this subdivision shall be deemed complete at the time of the deposit of the notice in a United States Post Office, or a mailbox, sub-post office, substation, or mail chute, or other facility regularly maintained or provided by the United States Postal Service without extension of time for any reason.(b) By personally delivering the notice to the person to be served. Service made pursuant to this subdivision shall be deemed complete at the time of delivery. Personal service to a corporation may be made by delivery of a notice to any person designated in the Code of Civil Procedure to be served for the corporation with summons and complaint in a civil action.(c) (1) By delivering the notice electronically via secure transmission when either of the following applies:(A) The feepayer requests the notice of determination to be sent electronically via secure transmission.(B) The department has evidence that the feepayer no longer receives mail at the address of record and has previously provided an address for electronic mail.(2) Service provided pursuant to paragraph (1) shall be deemed complete at the time the department electronically transmits the notice via the feepayers secure web portal, without extension of time for any reason.SEC. 97. Section 46203 of the Revenue and Taxation Code is amended to read:46203. Except in the case of fraud, intent to evade this part or regulations adopted pursuant thereto, or failure to make a return, every notice of deficiency determination shall be served within three years after the 25th day of the month following the period for which the return was due or within three years after the return was filed, whichever period expires later. In the case of failure to make a return, the notice of determination shall be served within eight years after the date the return was due.SEC. 98. Section 46204 of the Revenue and Taxation Code is amended to read:46204. In the case of a deficiency arising under this part during the lifetime of a decedent, a notice of deficiency determination shall be served within four months after written request therefor, in the form required by the department, by the fiduciary of the estate or trust or by any other person liable for the fee or any portion thereof.SEC. 99. Section 46205 of the Revenue and Taxation Code is amended to read:46205. If before the expiration of the time prescribed in Section 46203 for serving a notice of deficiency determination the feepayer has consented in writing to service of the notice after that time, the notice may be served at any time prior to the expiration of the period agreed upon. The period so agreed upon may be extended by subsequent agreements in writing made before the expiration of the period previously agreed upon.SEC. 100. Section 46255 of the Revenue and Taxation Code is amended to read:46255. Promptly after making its determination, the department shall give to the person written notice of the estimate, determination, and penalty, the notice to be served in the manner prescribed for service of notice of a deficiency determination.SEC. 101. Section 46302 of the Revenue and Taxation Code is amended to read:46302. The feepayer against whom a jeopardy determination is made may file a petition for the redetermination thereof, pursuant to Article 5 (commencing with Section 46351), with the department within 10 days after the service upon the feepayer of notice of the determination, but they shall, within the 10-day period, deposit with the department such security as it determines to be necessary to ensure compliance with this part. The security may be sold by the department at public sale if it becomes necessary in order to recover any amount due under this part. Notice of the sale may be served upon the person who deposited the security in the same manner as prescribed for service of notice by Section 46202. Upon any such sale, the surplus, if any, above the amount due under this part shall be returned to the person who deposited the security.SEC. 102. Section 46357 of the Revenue and Taxation Code is amended to read:46357. Any notice required by this article shall be served in the same manner as prescribed for service of notice by Section 46202.SEC. 103. Section 46544 of the Revenue and Taxation Code is amended to read:46544. (a) Notwithstanding any other provision of this part, if the department finds that neither the person liable for payment of fees nor any party related to that person has in any way caused an erroneous refund for which an action for recovery is provided under Section 46541, no interest shall be imposed on the amount of that erroneous refund until 30 days after the date on which the department serves a notice of determination for repayment of the erroneous refund to the person. The act of filing a claim for refund shall not be considered as causing the erroneous refund.(b) This section shall be operative for any action for recovery under Section 46541 on or after January 1, 2000.SEC. 104. Section 50106 of the Revenue and Taxation Code is amended to read:50106. Board or department means the California Department of Tax and Fee Administration.SEC. 105. Section 50113 of the Revenue and Taxation Code is amended to read:50113. (a) If the department is dissatisfied with the report filed or the amount of fee paid to the department under this part by any fee payer, or if no report has been filed or no payment or payments of the fees have been made to the state by a fee payer, the department may compute and determine the amount to be paid, based upon any information available to it. One or more additional determinations may be made of the amount of fee due for one, or for more than one, period. The amount of fee so determined shall bear interest at the modified rate per month, or fraction thereof, established pursuant to Section 6591.5, from the date the amount of the fee, or any portion thereof, became due and payable until the date of payment. In making a determination, the department may offset overpayments for a period or periods against underpayments for another period or periods and against the interest and penalties on the underpayments.(b) If any part of the deficiency for which a determination of an additional amount due is made is found to have been occasioned by negligence or intentional disregard of this part or regulations adopted by the department pursuant to this part, a penalty of 10 percent of the amount of that determination shall be added, plus interest as provided in subdivision (a).(c) If any part of the deficiency for which a determination of an additional amount due is made is found to be occasioned by fraud or an intent to evade this part or regulations adopted pursuant to this part, a penalty of 25 percent of the amount of the determination shall be added, plus interest as provided in subdivision (a).(d) The department shall give to the fee payer written notice of its determination. The notice shall be served in one of the following manners:(1) By placing the notice in a sealed envelope, with postage paid, addressed to the fee payer at the fee payers address as it appears in the records of the department. Service made pursuant to this paragraph shall be deemed complete at the time of the deposit in a United States Post Office, or a mailbox, sub-post office, substation, mail chute, or other facility regularly maintained or provided by the United States Postal Service, without extension of time for any reason.(2) By personally delivering the notice to the person to be served. Service made pursuant to this paragraph shall be deemed complete at the time of delivery. The department may make personal service to a corporation by delivering a notice to any person designated in the Code of Civil Procedure to be served for the corporation with a summons and complaint in a civil action.(3) (A) By delivering the notice electronically via secure transmission when either of the following applies:(i) The feepayer requests the notice of determination to be sent electronically via secure transmission.(ii) The department has evidence that the feepayer no longer receives mail at the address of record and has previously provided an address for electronic mail.(B) Service provided pursuant to subparagraph (A) shall be deemed complete at the time the department electronically transmits the notice via the feepayers secure web portal, without extension of time for any reason.SEC. 106. Section 50113.1 of the Revenue and Taxation Code is amended to read:50113.1. Except in the case of fraud, intent to evade this part, or rules and regulations adopted pursuant to this part, or failure to make a report or return, every notice of a determination of an additional amount due shall be served within three years after the date when the amount was required to have been paid or the report or return was due, or within three years after the report or return was filed, whichever period expires later. In the case of failure to make a report or return, the notice of determination shall be served within eight years after the date the report or return was due.SEC. 107. Section 50113.2 of the Revenue and Taxation Code is amended to read:50113.2. If, before the expiration of the time prescribed in Section 50113.1 for serving a notice of deficiency determination, the fee payer has consented in writing to service of the notice after that time, the notice may be served at any time prior to the expiration of the period agreed upon. The period agreed upon may be extended by subsequent agreements in writing made before the expiration of the period previously agreed upon.SEC. 108. Section 50120 of the Revenue and Taxation Code is amended to read:50120. Any notice required by this article shall be served in the same manner as prescribed for service of notice by Section 50113.SEC. 109. Section 50120.2 of the Revenue and Taxation Code is amended to read:50120.2. The fee payer against whom a jeopardy determination is made may file a petition for the redetermination thereof, pursuant to Article 3 (commencing with Section 50114), with the department within 10 days after the service upon the fee payer of notice of the determination, and they shall, within the 10-day period, deposit with the department that security which the department determines to be necessary to ensure compliance with this part. The security may be sold by the department at a public sale if it becomes necessary in order to recover any amount due under this part. Notice of the sale may be served upon the person who deposited the security in the same manner as prescribed for service of notice by subdivision (d) of Section 50113. After that sale, the surplus, if any, above the amount due under this part shall be returned to the person who deposited the security.SEC. 110. Section 50150.5 of the Revenue and Taxation Code is amended to read:50150.5. (a) Notwithstanding any other provision of this part, if the department finds that neither the person liable for payment of fees nor any party related to that person has in any way caused an erroneous refund for which an action for recovery is provided under Section 50150, no interest shall be imposed on the amount of that erroneous refund until 30 days after the date on which the department serves a notice of determination for repayment of the erroneous refund to the person. The act of filing a claim for refund shall not be considered as causing the erroneous refund.(b) This section shall be operative for any action for recovery under Section 50150 on or after January 1, 2000.SEC. 111. Section 55061 of the Revenue and Taxation Code is amended to read:55061. (a) If the department is dissatisfied with the return filed or the amount of the fee paid to the state by any feepayer, or if no return has been filed or no payment of the fee has been made to the state by a feepayer, the department may compute and determine the amount to be paid, based upon any information available to it. In addition, where the department is authorized to collect a fee for another state agency, or where the department is authorized to collect a fee under circumstances where the feepayer is not required to file a return, the department may issue a notice of determination or similar billing document for collection of the fee. One or more additional determinations may be made of the amount of the fee due for one, or for more than one period. The amount of the fee so determined shall bear interest at the modified adjusted rate per month, or fraction thereof, established pursuant to Section 6591.5, from the date the amount of the fee, or any portion thereof, became due and payable until the date of payment. In making a determination, the department may offset overpayments for a period or periods against underpayments for another period or periods and against the interest and penalties on the underpayments.(b) If any part of the deficiency for which a determination of an additional amount due is found to have been occasioned by negligence or intentional disregard of this part or authorized regulations, a penalty of 10 percent of the amount of the determination shall be added, plus interest as provided in subdivision (a).(c) If any part of the deficiency for which a determination of an additional amount due is found to be occasioned by fraud or an intent to evade this part or authorized regulations, a penalty of 25 percent of the amount of the determination shall be added, plus interest as provided in subdivision (a).(d) The department shall give to the feepayer written notice of its determination. The notice shall be served in one of the following manners:(1) By placing the notice in a sealed envelope, with postage paid, addressed to the feepayer at their address as it appears in the records of the department. Service made pursuant to this paragraph shall be deemed complete at the time of the deposit of the notice in a United States Post Office, or a mailbox, sub-post office, substation, or mail chute, or other facility regularly maintained or provided by the United States Postal Service without extension of time for any reason.(2) By personally delivering the notice to the person to be served. Service made pursuant to this paragraph shall be deemed complete at the time of delivery. Personal service to a corporation may be made by delivery of a notice to any person designated in the Code of Civil Procedure to be served for the corporation with summons and complaint in a civil action.(3) (A) By delivering the notice electronically via secure transmission when either of the following applies:(i) The feepayer requests the notice of determination to be sent electronically via secure transmission.(ii) The department has evidence that the feepayer no longer receives mail at the address of record and has previously provided an address for electronic mail.(B) Service provided pursuant to subparagraph (A) shall be deemed complete at the time the department electronically transmits the notice via the feepayers secure web portal, without extension of time for any reason.SEC. 112. Section 55062 of the Revenue and Taxation Code is amended to read:55062. Except in the case of fraud, intent to evade this part, authorized rules and regulations, or failure to make a return, every notice of a determination of an additional amount due shall be served within three years after the date when the amount should have been paid or the return was due, or within three years after the return was filed, whichever period expires later. In the case of failure to make a return, the notice of determination shall be served within eight years after the date the return was due.SEC. 113. Section 55063 of the Revenue and Taxation Code is amended to read:55063. In the case of a deficiency arising under this part during the lifetime of a decedent, a notice of deficiency determination shall be served within four months after written request therefor, in the form required by the department, by the fiduciary of the estate or trust or by any other person liable for the fee or any portion thereof.SEC. 114. Section 55064 of the Revenue and Taxation Code is amended to read:55064. If before the expiration of the time prescribed in Section 55062 for serving a notice of deficiency determination the feepayer has consented in writing to service of the notice after that time, the notice may be served at any time prior to the expiration of the period agreed upon. The period so agreed upon may be extended by subsequent agreements in writing made before the expiration of the period previously agreed upon.SEC. 115. Section 55087 of the Revenue and Taxation Code is amended to read:55087. Any notice required by this article shall be served in the same manner as prescribed for service of notice by subdivision (d) of Section 55061.SEC. 116. Section 55102 of the Revenue and Taxation Code is amended to read:55102. The feepayer against whom a jeopardy determination is made may file a petition for redetermination thereof, pursuant to Article 3 (commencing with Section 55081), with the department within 10 days after the service upon the feepayer of notice of the determination, but they shall, within the 10-day period, deposit with the department any security that it deems necessary to ensure compliance with the provisions of this part. The security may be sold by the department at public sale if it becomes necessary to do so in order to recover any amount due under this part. Notice of the sale may be served upon the person who deposited the security in the same manner as prescribed for service of notice by Section 55061. Upon any such sale, the surplus, if any, above the amount due under this part shall be returned to the person who deposited the security.SEC. 117. Section 55262.5 of the Revenue and Taxation Code is amended to read:55262.5. (a) Notwithstanding any other provision of this part, if the department finds that neither the person liable for payment of fees nor any party related to that person has in any way caused an erroneous refund for which an action for recovery is provided under Section 55261, no interest shall be imposed on the amount of that erroneous refund until 30 days after the date on which the department serves a notice of determination for repayment of the erroneous refund to the person. The act of filing a claim for refund shall not be considered as causing the erroneous refund.(b) This section shall be operative for any action for recovery under Section 55261 on or after January 1, 2000.SEC. 118. Section 60014 is added to the Revenue and Taxation Code, to read:60014. Board or department means the California Department of Tax and Fee Administration.SEC. 119. Section 60311 of the Revenue and Taxation Code is amended to read:60311. The department shall give the person written notice of its determination. The notice shall be served in one of the following manners:(a) By placing the notice in a sealed envelope, with postage paid, addressed to the person at that persons address as it appears in the records of the department. Service made pursuant to this subdivision shall be deemed complete at the time of the deposit of the notice in the United States Post Office, or a mailbox, sub-post office, substation, or mail chute, or other facility maintained or provided by the United States Postal Service, without extension of time for any reason.(b) By personally delivering the notice to the person to be served. Service made pursuant to this subdivision shall be deemed complete at the time of that delivery. Personal service to a corporation may be made by delivery of a notice to any person designated in the Code of Civil Procedure to be served for the corporation with summons and complaint in a civil action.(c) (1) By delivering the notice electronically via secure transmission when either of the following applies:(A) The taxpayer requests the notice of determination to be sent electronically via secure transmission.(B) The department has evidence that the taxpayer no longer receives mail at the address of record and has previously provided an address for electronic mail.(2) Service provided pursuant to paragraph (1) shall be deemed complete at the time the department electronically transmits the notice via the taxpayers secure web portal, without extension of time for any reason.SEC. 120. Section 60315 of the Revenue and Taxation Code is amended to read:60315. Except in the case of fraud, intent to evade this part or authorized rules and regulations, or failure to make a return, every notice of a deficiency determination shall be served to the person within three years after the last day of the calendar month following the reporting period for which the amount is proposed to be determined or within three years after the return is filed, whichever period expires later. In the case of a failure to make a return, the notice of determination shall be served within eight years after the date the return was due.SEC. 121. Section 60316 of the Revenue and Taxation Code is amended to read:60316. In the case of a deficiency arising under this part during the lifetime of a decedent, a notice of deficiency determination shall be served within four months after written request therefor, in the form required by the department, by the fiduciary of the estate or trust or by any other person liable for the tax or any portion thereof.SEC. 122. Section 60317 of the Revenue and Taxation Code is amended to read:60317. If before the expiration of the time prescribed in Section 60315 for serving a notice of deficiency determination the taxpayer has consented in writing to service of the notice after that time, the notice may be served at any time prior to the expiration of the period agreed upon. The period so agreed upon may be extended by subsequent agreements in writing made before the expiration of the period previously agreed upon.SEC. 123. Section 60340 of the Revenue and Taxation Code is amended to read:60340. Any notice required by this article may be served in the manner prescribed for service of notice of a deficiency determination.SEC. 124. Section 60564 of the Revenue and Taxation Code is amended to read:60564. (a) Notwithstanding any other provision of this part, if the department finds that neither the person liable for payment of tax nor any party related to that person has in any way caused an erroneous refund for which an action for recovery is provided under Section 60561, no interest shall be imposed on the amount of that erroneous refund until 30 days after the date on which the department serves a notice of determination for repayment of the erroneous refund to the person. The act of filing a claim for refund shall not be considered as causing the erroneous refund.(b) This section shall be operative for any action for recovery under Section 60561 on or after January 1, 2000. |
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| 3 | + | Enrolled September 03, 2024 Passed IN Senate August 29, 2024 Passed IN Assembly August 28, 2024 Amended IN Assembly August 22, 2024 Amended IN Assembly June 24, 2024 Amended IN Senate April 18, 2024 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Senate Bill No. 1528Introduced by Committee on Revenue and Taxation (Senators Glazer (Chair), Ashby, Bradford, Dahle, Dodd, Padilla, and Skinner)March 19, 2024An act to amend Sections 6486, 6487, 6487.05, 6487.06, 6487.1, 6487.2, 6487.3, 6488, 6515, 6539, 6566, 6597, 6701, 6829, 6964, 7671, 7675, 7675.1, 7676, 8174, 8781, 8782, 8782.1, 8783, 8805, 8829, 8853, 8855, 8951, 9184, 12951, 12977, 30206, 30207, 30207.1, 30208, 30225, 30243, 30244, 30263, 30265, 30384, 32202, 32271, 32272, 32272.1, 32273, 32291, 32306, 32312, 32387, 32432.5, 32452, 38416, 38417, 38418, 38419, 38425, 38434, 38447, 38501, 38624, 40005, 40076, 40077, 40078, 40079, 40085, 40097, 41075, 41076, 41077, 41078, 41084, 41091, 43007, 43155.01, 43201, 43201.01, 43202, 43203, 43204, 43307, 43351, 43484, 43507.5, 45007, 45201, 45202, 45203, 45307, 45352, 45752, 46009, 46202, 46203, 46204, 46205, 46255, 46302, 46357, 46544, 50106, 50113, 50113.1, 50113.2, 50120, 50120.2, 50150.5, 55061, 55062, 55063, 55064, 55087, 55102, 55262.5, 60311, 60315, 60316, 60317, 60340, and 60564 of, and to add Sections 6471.6 and 60014 to, the Revenue and Taxation Code, relating to taxation. LEGISLATIVE COUNSEL'S DIGESTSB 1528, Committee on Revenue and Taxation. California Department of Tax and Fee Administration.(1) The California Department of Tax and Fee Administration (CDTFA) administers various taxes, fees, and surcharges, including, among others, the Sales and Use Tax Law, the Motor Vehicle Fuel Tax Law, the Use Fuel Tax Law, the Cigarette and Tobacco Products Tax Law, the Timber Yield Tax Law, the Energy Resources Surcharge Law, the Emergency Telephone Users Surcharge Act, the Hazardous Substances Tax Law, the Integrated Waste Management Fee Law, the Oil Spill Response, Prevention, and Administration Fees Law, the Underground Storage Tank Maintenance Fee Law, the Diesel Fuel Tax Law, and various taxes and fees collected in accordance with the Fee Collections Procedures Law.Existing law authorizes the CDTFA, for purposes of the laws described above, if it is not satisfied with a return or the amount required to be paid to the state by specified taxpayers and feepayers, to compute and determine the amount required to be paid, as specified. Existing law requires the CDTFA to give taxpayers or feepayers written notice of its determination and serve the notice in specified manners, including by personal service.This bill would additionally authorize the CDTFA to serve the above-described notice by delivering the notice electronically via secure transmission in specified circumstances. The bill would make conforming changes to these provisions.(2) Existing law, the Alcoholic Beverage Tax Law, administered by the State Board of Equalization (BOE), imposes an excise tax upon all beer and wine sold in this state, as provided, on beer manufacturers, winegrowers, importers, or sellers of beer or wine that sell beer or wine on which no tax has been paid. That law authorizes the BOE, if it is not satisfied with a return or the amount required to be paid to the state by a taxpayer, to compute and determine the amount required to be paid, as specified. Existing law requires the BOE to give taxpayers written notice of its determination and serve the notice in specified manners, including by personal service. This bill would authorize the BOE to serve the above-described notice by delivering the notice electronically via secure transmission in specified circumstances. The bill would make additional conforming changes related to these provisions.(3) Existing law, the Sales and Use Tax Law, imposes on any person who knowingly collects sales tax reimbursement or use tax, and who fails to timely remit that sales tax reimbursement or use tax to the CDTFA, a penalty of 40% of the amount not timely remitted. Existing law exempts from that penalty any person whose liability for the unremitted sales tax reimbursement or use tax averages $1,000 or less per month or does not exceed 5% of the total amount of tax liability for which the tax reimbursement was collected for the period in which tax was due, as specified.This bill, for determinations made on or after January 1, 2025, would instead exempt from that penalty any person whose liability for the unremitted sales tax reimbursement or use tax averages $1,500 or less per month or does not exceed 25% of the total amount of tax liability for which the tax reimbursement was collected for the period in which tax was due.(4) The Sales and Use Tax Law provides that, under specified circumstances, the State Board of Equalization may require any person whose sales and use tax liability exceeds a specified amount to prepay that tax liability. This bill would authorize the CDTFA, in its discretion, to relieve any person from the requirements to make prepayments, as described above, if specified conditions apply. (5) The Hazardous Substances Tax Law requires a generator of hazardous waste to pay to the CDTFA a generation and handling fee for each generator site, as defined, that generates hazardous waste, as specified. That law imposes various penalties, including a penalty for failure to pay and a fee for failure to pay timely. This bill would clarify that audit determinations are excluded from the calculation of any penalties for failure to pay timely.(6) This bill would also make various technical and conforming changes, and would update references to the State Board of Equalization to instead refer to the CDTFA. Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO |
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| 5 | + | Enrolled September 03, 2024 Passed IN Senate August 29, 2024 Passed IN Assembly August 28, 2024 Amended IN Assembly August 22, 2024 Amended IN Assembly June 24, 2024 Amended IN Senate April 18, 2024 |
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| 6 | + | |
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| 7 | + | Enrolled September 03, 2024 |
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| 8 | + | Passed IN Senate August 29, 2024 |
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| 9 | + | Passed IN Assembly August 28, 2024 |
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| 10 | + | Amended IN Assembly August 22, 2024 |
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| 11 | + | Amended IN Assembly June 24, 2024 |
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| 12 | + | Amended IN Senate April 18, 2024 |
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| 14 | + | CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION |
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| 16 | + | Senate Bill |
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| 18 | + | No. 1528 |
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| 20 | + | Introduced by Committee on Revenue and Taxation (Senators Glazer (Chair), Ashby, Bradford, Dahle, Dodd, Padilla, and Skinner)March 19, 2024 |
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| 22 | + | Introduced by Committee on Revenue and Taxation (Senators Glazer (Chair), Ashby, Bradford, Dahle, Dodd, Padilla, and Skinner) |
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| 23 | + | March 19, 2024 |
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| 15 | 27 | | LEGISLATIVE COUNSEL'S DIGEST |
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| 16 | 28 | | |
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| 17 | 29 | | ## LEGISLATIVE COUNSEL'S DIGEST |
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| 18 | 30 | | |
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| 19 | 31 | | SB 1528, Committee on Revenue and Taxation. California Department of Tax and Fee Administration. |
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| 20 | 32 | | |
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| 21 | 33 | | (1) The California Department of Tax and Fee Administration (CDTFA) administers various taxes, fees, and surcharges, including, among others, the Sales and Use Tax Law, the Motor Vehicle Fuel Tax Law, the Use Fuel Tax Law, the Cigarette and Tobacco Products Tax Law, the Timber Yield Tax Law, the Energy Resources Surcharge Law, the Emergency Telephone Users Surcharge Act, the Hazardous Substances Tax Law, the Integrated Waste Management Fee Law, the Oil Spill Response, Prevention, and Administration Fees Law, the Underground Storage Tank Maintenance Fee Law, the Diesel Fuel Tax Law, and various taxes and fees collected in accordance with the Fee Collections Procedures Law.Existing law authorizes the CDTFA, for purposes of the laws described above, if it is not satisfied with a return or the amount required to be paid to the state by specified taxpayers and feepayers, to compute and determine the amount required to be paid, as specified. Existing law requires the CDTFA to give taxpayers or feepayers written notice of its determination and serve the notice in specified manners, including by personal service.This bill would additionally authorize the CDTFA to serve the above-described notice by delivering the notice electronically via secure transmission in specified circumstances. The bill would make conforming changes to these provisions.(2) Existing law, the Alcoholic Beverage Tax Law, administered by the State Board of Equalization (BOE), imposes an excise tax upon all beer and wine sold in this state, as provided, on beer manufacturers, winegrowers, importers, or sellers of beer or wine that sell beer or wine on which no tax has been paid. That law authorizes the BOE, if it is not satisfied with a return or the amount required to be paid to the state by a taxpayer, to compute and determine the amount required to be paid, as specified. Existing law requires the BOE to give taxpayers written notice of its determination and serve the notice in specified manners, including by personal service. This bill would authorize the BOE to serve the above-described notice by delivering the notice electronically via secure transmission in specified circumstances. The bill would make additional conforming changes related to these provisions.(3) Existing law, the Sales and Use Tax Law, imposes on any person who knowingly collects sales tax reimbursement or use tax, and who fails to timely remit that sales tax reimbursement or use tax to the CDTFA, a penalty of 40% of the amount not timely remitted. Existing law exempts from that penalty any person whose liability for the unremitted sales tax reimbursement or use tax averages $1,000 or less per month or does not exceed 5% of the total amount of tax liability for which the tax reimbursement was collected for the period in which tax was due, as specified.This bill, for determinations made on or after January 1, 2025, would instead exempt from that penalty any person whose liability for the unremitted sales tax reimbursement or use tax averages $1,500 or less per month or does not exceed 25% of the total amount of tax liability for which the tax reimbursement was collected for the period in which tax was due.(4) The Sales and Use Tax Law provides that, under specified circumstances, the State Board of Equalization may require any person whose sales and use tax liability exceeds a specified amount to prepay that tax liability. This bill would authorize the CDTFA, in its discretion, to relieve any person from the requirements to make prepayments, as described above, if specified conditions apply. (5) The Hazardous Substances Tax Law requires a generator of hazardous waste to pay to the CDTFA a generation and handling fee for each generator site, as defined, that generates hazardous waste, as specified. That law imposes various penalties, including a penalty for failure to pay and a fee for failure to pay timely. This bill would clarify that audit determinations are excluded from the calculation of any penalties for failure to pay timely.(6) This bill would also make various technical and conforming changes, and would update references to the State Board of Equalization to instead refer to the CDTFA. |
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| 22 | 34 | | |
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| 23 | 35 | | (1) The California Department of Tax and Fee Administration (CDTFA) administers various taxes, fees, and surcharges, including, among others, the Sales and Use Tax Law, the Motor Vehicle Fuel Tax Law, the Use Fuel Tax Law, the Cigarette and Tobacco Products Tax Law, the Timber Yield Tax Law, the Energy Resources Surcharge Law, the Emergency Telephone Users Surcharge Act, the Hazardous Substances Tax Law, the Integrated Waste Management Fee Law, the Oil Spill Response, Prevention, and Administration Fees Law, the Underground Storage Tank Maintenance Fee Law, the Diesel Fuel Tax Law, and various taxes and fees collected in accordance with the Fee Collections Procedures Law. |
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| 24 | 36 | | |
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| 25 | 37 | | Existing law authorizes the CDTFA, for purposes of the laws described above, if it is not satisfied with a return or the amount required to be paid to the state by specified taxpayers and feepayers, to compute and determine the amount required to be paid, as specified. Existing law requires the CDTFA to give taxpayers or feepayers written notice of its determination and serve the notice in specified manners, including by personal service. |
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| 26 | 38 | | |
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| 27 | 39 | | This bill would additionally authorize the CDTFA to serve the above-described notice by delivering the notice electronically via secure transmission in specified circumstances. The bill would make conforming changes to these provisions. |
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| 28 | 40 | | |
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| 29 | 41 | | (2) Existing law, the Alcoholic Beverage Tax Law, administered by the State Board of Equalization (BOE), imposes an excise tax upon all beer and wine sold in this state, as provided, on beer manufacturers, winegrowers, importers, or sellers of beer or wine that sell beer or wine on which no tax has been paid. That law authorizes the BOE, if it is not satisfied with a return or the amount required to be paid to the state by a taxpayer, to compute and determine the amount required to be paid, as specified. Existing law requires the BOE to give taxpayers written notice of its determination and serve the notice in specified manners, including by personal service. |
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| 30 | 42 | | |
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| 31 | 43 | | This bill would authorize the BOE to serve the above-described notice by delivering the notice electronically via secure transmission in specified circumstances. The bill would make additional conforming changes related to these provisions. |
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| 32 | 44 | | |
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| 33 | 45 | | (3) Existing law, the Sales and Use Tax Law, imposes on any person who knowingly collects sales tax reimbursement or use tax, and who fails to timely remit that sales tax reimbursement or use tax to the CDTFA, a penalty of 40% of the amount not timely remitted. Existing law exempts from that penalty any person whose liability for the unremitted sales tax reimbursement or use tax averages $1,000 or less per month or does not exceed 5% of the total amount of tax liability for which the tax reimbursement was collected for the period in which tax was due, as specified. |
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| 34 | 46 | | |
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| 35 | 47 | | This bill, for determinations made on or after January 1, 2025, would instead exempt from that penalty any person whose liability for the unremitted sales tax reimbursement or use tax averages $1,500 or less per month or does not exceed 25% of the total amount of tax liability for which the tax reimbursement was collected for the period in which tax was due. |
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| 36 | 48 | | |
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| 37 | 49 | | (4) The Sales and Use Tax Law provides that, under specified circumstances, the State Board of Equalization may require any person whose sales and use tax liability exceeds a specified amount to prepay that tax liability. |
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| 38 | 50 | | |
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| 39 | 51 | | This bill would authorize the CDTFA, in its discretion, to relieve any person from the requirements to make prepayments, as described above, if specified conditions apply. |
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| 40 | 52 | | |
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| 41 | 53 | | (5) The Hazardous Substances Tax Law requires a generator of hazardous waste to pay to the CDTFA a generation and handling fee for each generator site, as defined, that generates hazardous waste, as specified. That law imposes various penalties, including a penalty for failure to pay and a fee for failure to pay timely. |
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| 42 | 54 | | |
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| 43 | 55 | | This bill would clarify that audit determinations are excluded from the calculation of any penalties for failure to pay timely. |
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| 44 | 56 | | |
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| 45 | 57 | | (6) This bill would also make various technical and conforming changes, and would update references to the State Board of Equalization to instead refer to the CDTFA. |
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| 46 | 58 | | |
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| 47 | 59 | | ## Digest Key |
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| 48 | 60 | | |
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| 49 | 61 | | ## Bill Text |
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| 50 | 62 | | |
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| 51 | 63 | | The people of the State of California do enact as follows:SECTION 1. Section 6471.6 is added to the Revenue and Taxation Code, to read:6471.6. The department, in its discretion, may relieve any person from the requirement to make prepayments pursuant to Section 6471 if both of the following apply:(a) The person is a dealer required to pay any sales or use tax, as applicable, to the Department of Motor Vehicles pursuant to Section 6295.(b) During the prior calendar year, more than 75 percent of the gross receipts of that person are from retail sales of motor vehicles required to be registered under the Vehicle Code, except for a recreational vehicle that is either truck-mounted, permanently towable on the highways without a permit, or a park trailer, as those terms are defined in Section 18010 of the Health and Safety Code.SEC. 2. Section 6486 of the Revenue and Taxation Code is amended to read:6486. The department shall give to the retailer or person storing, using, or consuming tangible personal property written notice of its determination. The notice shall be served in one of the following manners:(a) By placing the notice in a sealed envelope, with postage paid, addressed to the retailer or person storing, using, or consuming tangible personal property at their address as it appears in the records of the department. Service made pursuant to this subdivision shall be deemed complete at the time of the deposit of the notice in the United States Post Office, or a mailbox, sub-post office, substation, or mail chute, or other facility regularly maintained or provided by the United States Postal Service, without extension of time for any reason.(b) By personally delivering the notice to the person to be served. Service made pursuant to this subdivision is complete at the time of delivery. Personal service to a corporation may be made by delivery of a notice to any person designated in the Code of Civil Procedure to be served for the corporation with summons and complaint in a civil action.(c) (1) By delivering the notice electronically via secure transmission when either of the following applies:(A) The taxpayer requests the notice of determination to be sent electronically via secure transmission.(B) The department has evidence that the taxpayer no longer receives mail at the address of record and has previously provided an address for electronic mail.(2) Service provided pursuant to paragraph (1) shall be deemed complete at the time the department electronically transmits the notice via the taxpayers secure web portal, without extension of time for any reason.SEC. 3. Section 6487 of the Revenue and Taxation Code is amended to read:6487. (a) For taxpayers filing returns, other than a return filed pursuant to Section 6452.1, on other than an annual basis, except in the case of fraud, intent to evade this part or authorized rules and regulations, or failure to make a return, every notice of a deficiency determination shall be served within three years after the last day of the calendar month following the quarterly period for which the amount is proposed to be determined or within three years after the return is filed, whichever period expires the later. In the case of failure to make a return, every notice of determination shall be served within eight years after the last day of the calendar month following the quarterly period for which the amount is proposed to be determined.(b) For taxpayers filing returns on an annual basis, except in the case of fraud, intent to evade this part or authorized rules and regulations, or failure to make a return, every notice of a deficiency determination shall be served within three years after the last day of the calendar month following the one-year period for which the amount is proposed to be determined or within three years after the return is filed, whichever period expires the later. In the case of failure to make a return, every notice of determination shall be served within eight years after the last day of the calendar month following the one-year period for which the amount is proposed to be determined.(c) The limitation specified in this section does not apply in case of a sales tax proposed to be determined with respect to sales of property for the storage, use, or other consumption of which notice of a deficiency determination has been or is served pursuant to subdivision (a) or (b) or pursuant to Section 6486, 6515, or 6536. The limitation specified in this section does not apply in case of an amount of use tax proposed to be determined with respect to storage, use, or other consumption of property for the sale of which notice of a deficiency determination has been or is served pursuant to subdivision (a) or (b) or pursuant to Section 6486, 6515, or 6536.SEC. 4. Section 6487.05 of the Revenue and Taxation Code is amended to read:6487.05. (a) Notwithstanding Section 6487, the period during which a deficiency determination may be served to a qualifying retailer is limited to three years after the last day of the calendar month following the quarterly period for which the amount is proposed to be determined. For purposes of this section, a qualifying retailer is a retailer that meets all of the following conditions:(1) The retailer is located outside this state, and has not previously registered with the department.(2) The retailer is engaged in business in this state, as defined in Section 6203.(3) The retailer voluntarily registers with the department.(4) The retailer has not been previously contacted by the department or its agents regarding the provisions of Section 6203.(5) As determined by the department, the retailers failure to file a return or failure to report or pay the tax or amount due required by law was due to reasonable cause and was not a result of negligence or intentional disregard of the law, or because of fraud or an intent to evade the provisions of this part.(b) If the department or its designee finds that the retailers failure to make a timely return or payment is due to reasonable cause and circumstances beyond the retailers control, and occurred notwithstanding the exercise of ordinary care and the absence of willful neglect, the retailer shall be relieved of the penalties imposed pursuant to this part. Any retailer seeking relief of penalty shall file a statement under penalty of perjury setting forth the facts upon which they base their claim for relief.SEC. 5. Section 6487.06 of the Revenue and Taxation Code is amended to read:6487.06. (a) Notwithstanding Section 6487, the period during which a deficiency determination may be served to a qualifying purchaser is limited to three years after the last day of the calendar month following the quarterly period for which the amount is proposed to be determined.(b) For purposes of this section, a qualifying purchaser is a person that voluntarily files an individual use tax return for tangible personal property that is purchased from a retailer outside of this state for storage, use, or other consumption in this state, and that meets all of the following conditions:(1) The purchaser resides or is located within this state and has not previously done any of the following:(A) Registered with the department.(B) Filed an individual use tax return with the department.(C) Reported an amount on their individual California income tax return.(2) The purchaser is not engaged in business in this state as a retailer, as defined in Section 6015.(3) The purchaser has not been contacted by the department regarding failure to report the use tax imposed by Section 6202.(4) The department has made a determination that the purchasers failure to file an individual use tax return or to otherwise report or pay the use tax imposed by Section 6202 was due to reasonable cause and was not caused by reason of negligence, intentional disregard of the law, or by an intent to evade the taxes imposed by this part.(c) If the department makes a determination that the purchasers failure to timely report or remit the taxes imposed by this part is due to reasonable cause or due to circumstances beyond the purchasers control, the purchaser may be relieved of any penalties imposed by this part. Any purchaser seeking relief from penalties imposed by this part shall file a statement, signed under penalty of perjury, setting forth the facts that form the basis for the claim for relief.(d) This section shall not apply to purchases of vehicles, vessels, or aircraft as defined in Article 1 (commencing with Section 6271) of Chapter 3.5.SEC. 6. Section 6487.1 of the Revenue and Taxation Code is amended to read:6487.1. In the case of a deficiency arising under this part during the lifetime of a decedent, a notice of deficiency determination shall be served within four months after written request therefor, in the form required by the department, by the fiduciary of the estate or trust or by any other person liable for the tax or any portion thereof.SEC. 7. Section 6487.2 of the Revenue and Taxation Code is amended to read:6487.2. (a) A notice of determination issued pursuant to Section 6486, 6515, or 6536 to an individual who was a general partner, as shown on the departments records, and who, prior to the period covered by the determination, withdrew from the partnership, causing a change in ownership, and failed to notify the department, shall be served within four years after the last day of the calendar month following the quarterly period in which the change of ownership occurred.(b) An individual who was a general partner, as shown on the departments records, who withdraws from a partnership without notifying the department of the change in ownership, shall not be liable for any unpaid, self-assessed liability of the partnership that becomes due at least three years after the last day of the calendar month following the quarterly period in which the change in ownership occurred.(c) Subdivisions (a) and (b) shall not apply to either of the following:(1) Cases of fraud or intent to evade this part or other administrative or interpretive regulations.(2) Any partners who retain an ownership interest in a corporation that is a successor to the partnership.(d) For purposes of this part, change in ownership means that a new person, as defined in Section 6005, is created by the action of the former owner by means of a sale, an incorporation, an addition or elimination of one or more partners, or the termination of a spouses ownership or community property interest due to legal separation or divorce.(e) For purposes of this section, individual includes only natural persons.SEC. 8. Section 6487.3 of the Revenue and Taxation Code is amended to read:6487.3. (a) (1) For persons that elect to report qualified use tax in accordance with Section 6452.1, except in the case of fraud, intent to avoid this part or authorized rules and regulations issued by the department, or the gross understatement of qualified use taxes, every notice of a deficiency determination with respect to the qualified use tax shall be served within three years after the last day for which an acceptable tax return is due or filed, whichever occurs later.(2) In the case of a gross understatement of qualified use tax, every notice of a deficiency determination with respect to the qualified use tax shall be served within six years after the last day for which an acceptable tax return is due or filed, whichever occurs later.(3) For purposes of this subdivision, a gross understatement of qualified use tax is a deficiency that is in excess of 25 percent of the amount of qualified use tax reported on a persons acceptable tax return. In the case of married individuals filing separate California personal income tax returns, the total amount of qualified use tax reported will be considered in determining whether there is a gross understatement of qualified use tax.(4) For purposes of this section, acceptable tax return means a timely filed original return that is filed pursuant to Article 1 (commencing with Section 18501), Article 2 (commencing with Section 18601), Section 18633, Section 18633.5 of Chapter 2 (commencing with Section 18501) of Part 10.2, or Article 3 (commencing with Section 23771) of Chapter 4 of Part 11.(b) This section applies to reporting of purchases of tangible personal property made on or after January 1, 2010, in taxable years beginning on or after January 1, 2010.SEC. 9. Section 6488 of the Revenue and Taxation Code is amended to read:6488. If before the expiration of the time prescribed in Section 6487 for serving a notice of deficiency determination the taxpayer has consented in writing to service of the notice after such time, the notice may be served at any time prior to the expiration of the period agreed upon. The period so agreed upon may be extended by subsequent agreements in writing made before the expiration of the period previously agreed upon.SEC. 10. Section 6515 of the Revenue and Taxation Code is amended to read:6515. Promptly after making its determination, the department shall give to the person written notice of the estimate, determination, and penalty, the notice to be served in the manner prescribed for service of notice of a deficiency determination.SEC. 11. Section 6539 of the Revenue and Taxation Code is amended to read:6539. Any notice required by this article shall be served in the manner prescribed for service of notice of a deficiency determination.SEC. 12. Section 6566 of the Revenue and Taxation Code is amended to read:6566. Any notice required by this article shall be served in the manner prescribed for service of notice of a deficiency determination.SEC. 13. Section 6597 of the Revenue and Taxation Code is amended to read:6597. (a) (1) Any person who knowingly collects sales tax reimbursement, as defined in Section 1656.1 of the Civil Code, or who knowingly collects use tax pursuant to Chapter 3 (commencing with Section 6201), and who fails to timely remit that sales tax reimbursement or use tax to the California Department of Tax and Fee Administration, shall be liable for a penalty of 40 percent of the amount not timely remitted.(2) (A) This subdivision shall not apply to any person whose liability for the unremitted sales tax reimbursement or use tax described in paragraph (1) averages one thousand five hundred dollars ($1,500) or less per month or does not exceed 25 percent of the total amount of tax liability for which the sales tax reimbursement or use tax was collected for the period in which tax was due, whichever is greater.(B) If a persons failure to make a timely remittance of sales tax reimbursement or use tax is due to a reasonable cause or circumstances beyond the persons control, and occurred notwithstanding the exercise of ordinary care and the absence of willful neglect, the person shall be relieved of the penalty imposed by this subdivision.(b) For purposes of this section:(1) Reasonable cause or circumstances beyond the persons control includes, but is not limited to, any of the following:(A) The occurrence of a death or serious illness of the person or the persons next of kin that caused the persons failure to make a timely remittance.(B) The occurrence of an emergency, as defined in Section 8558 of the Government Code that caused the persons failure to make a timely remittance.(C) A natural disaster or other catastrophe directly affecting the business operations of the person that caused the persons failure to make a timely remittance.(D) The California Department of Tax and Fee Administration failed to send returns or other information to the correct address of record, that caused the persons failure to make a timely remittance.(E) The persons failure to make a timely remittance occurred only once over a three-year period, or once during the period in which the person was engaged in business, whichever time period is shorter.(F) The person voluntarily corrected errors in remitting sales tax reimbursement or use tax collected that were made in previous reporting periods and remitted payment of the liability owed as a result of those errors prior to being contacted by the California Department of Tax and Fee Administration regarding possible errors or discrepancies.(2) Sales tax reimbursement shall also include any sales tax that is advertised, held out, or stated to the public or to any customer, directly or indirectly, that the tax or any part thereof will be assumed or absorbed by the retailer.(c) This section shall apply to any determination made by the California Department of Tax and Fee Administration pursuant to Article 2 (commencing with Section 6481), Article 3 (commencing with Section 6511), and Article 4 (commencing with Section 6536).(d) The amendments made by the act adding this subdivision shall apply to determinations made on or after January 1, 2025.SEC. 14. Section 6701 of the Revenue and Taxation Code is amended to read:6701. The department, whenever it deems it necessary to ensure compliance with this part, may require any person subject thereto, to place with it any security that the department may determine. Any security in the form of cash, government bonds, or insured deposits in banks or savings and loan institutions shall be held by the department in trust to be used solely in the manner provided by this section and Section 6815. The amount of the security shall be fixed by the department but, except as noted below, shall not be greater than twice the estimated average liability of persons filing returns for quarterly periods or three times the estimated average liability of persons required to file returns for monthly periods, determined in the manner that the department deems proper, or fifty thousand dollars ($50,000), whichever amount is the lesser. In case of a person who, pursuant to Section 6070 of this part, has been given notice of hearing to show cause why their permit or permits should not be revoked, or a person whose permit or permits has been revoked or suspended, the amount of the security shall not be greater than three times the average liability of persons filing returns for quarterly periods or five times the average liability of persons required to file returns for monthly periods, or fifty thousand dollars ($50,000), whichever amount is the lesser. The limitations herein provided apply regardless of the type of security placed with the department. The amount of the security may be increased or decreased by the department subject to the limitations herein provided. Security held by the department shall be released after a three-year period in which the person has filed all returns and paid all tax to the state or any amount of tax required to be collected and paid to the state within the time required. The department may sell the security at public auction if it becomes necessary to do so in order to recover any tax or any amount required to be collected, interest, or penalty due. Notice of the sale may be served upon the person who placed the security in the manner prescribed for service of a notice of a deficiency determination. Upon any sale, any surplus above the amounts due shall be returned to the person who placed the security.SEC. 15. Section 6829 of the Revenue and Taxation Code is amended to read:6829. (a) Upon the termination, dissolution, or abandonment of the business of a corporation, partnership, limited partnership, limited liability partnership, or limited liability company, any officer, member, manager, partner, or other person having control or supervision of, or who is charged with the responsibility for the filing of returns or the payment of tax, or who is under a duty to act for the corporation, partnership, limited partnership, limited liability partnership, or limited liability company in complying with any requirement of this part, shall, notwithstanding any provision in the Corporations Code to the contrary, be personally liable for any unpaid taxes and interest and penalties on those taxes, if the officer, member, manager, partner, or other person willfully fails to pay or to cause to be paid any taxes due from the corporation, partnership, limited partnership, limited liability partnership, or limited liability company pursuant to this part.(b) The officer, member, manager, partner, or other person shall be liable only for taxes that became due during the period they had the control, supervision, responsibility, or duty to act for the corporation, partnership, limited partnership, limited liability partnership, or limited liability company described in subdivision (a), plus interest and penalties on those taxes.(c) Personal liability may be imposed pursuant to this section, only if the department can establish that the corporation, partnership, limited partnership, limited liability partnership, or limited liability company had included tax reimbursement in the selling price of, or added tax reimbursement to the selling price of, tangible personal property sold in the conduct of its business, or when it can be established that the corporation, partnership, limited partnership, limited liability partnership, or limited liability company consumed tangible personal property and failed to pay the tax to the seller or has included use tax on the billing and collected the use tax or has issued a receipt for the use tax and failed to report and pay use tax.(d) For purposes of this section, willfully fails to pay or to cause to be paid means that the failure was the result of an intentional, conscious, and voluntary course of action.(e) Except as provided in subdivision (f), the sum due for the liability under this section may be collected by determination and collection in the manner provided in Chapter 5 (commencing with Section 6451) and Chapter 6 (commencing with Section 6701).(f) A notice of deficiency determination under this section shall be served within three years after the last day of the calendar month following the quarterly period in which the department obtains actual knowledge, through its audit or compliance activities, or by written communication by the business or its representative, of the termination, dissolution, or abandonment of the business of the corporation, partnership, limited partnership, limited liability partnership, or limited liability company, or, within eight years after the last day of the calendar month following the quarterly period in which the corporation, partnership, limited partnership, limited liability partnership, or limited liability company business was terminated, dissolved, or abandoned, whichever period expires earlier. If a business or its representative files a notice of termination, dissolution, or abandonment of its business with a state or local agency other than the department, this filing shall not constitute actual knowledge by the department under this section.SEC. 16. Section 6964 of the Revenue and Taxation Code is amended to read:6964. (a) Notwithstanding any other provision of this part, if the department finds that neither the person liable for payment of tax nor any party related to that person has in any way caused an erroneous refund for which an action for recovery is provided under Section 6961, no interest shall be imposed on the amount of that erroneous refund until 30 days after the date on which the department serves a notice of determination for repayment of the erroneous refund to the person. The act of filing a claim for refund shall not be considered as causing the erroneous refund.(b) This section is operative for any action for recovery under Section 6961 on or after July 1, 1999.SEC. 17. Section 7671 of the Revenue and Taxation Code is amended to read:7671. The department shall give the supplier written notice of its determination. The notice shall be served in one of the following manners:(a) By placing the notice in a sealed envelope, with postage paid, addressed to the supplier at the suppliers address as it appears in the records of the department. Service made pursuant to this subdivision shall be deemed complete at the time of the deposit of the notice in the United States Post Office, or a mailbox, sub-post office, substation, or mail chute, or other facility maintained or provided by the United States Postal Service, without extension of time for any reason.(b) By personally delivering the notice to the person to be served. Service made pursuant to this subdivision shall be deemed complete at the time of that delivery. Personal service to a corporation may be made by delivery of a notice to any person designated in the Code of Civil Procedure to be served for the corporation with summons and complaint in a civil action.(c) (1) By delivering the notice electronically via secure transmission when either of the following applies:(A) The taxpayer requests the notice of determination to be sent electronically via secure transmission.(B) The department has evidence that the taxpayer no longer receives mail at the address of record and has previously provided an address for electronic mail.(2) Service provided pursuant to paragraph (1) shall be deemed complete at the time the department electronically transmits the notice via the taxpayers secure web portal, without extension of time for any reason.SEC. 18. Section 7675 of the Revenue and Taxation Code is amended to read:7675. Except in the case of fraud, intent to evade this part or authorized rules and regulations, or failure to make a return, every notice of a deficiency determination shall be given to the supplier within three years after the last day of the month following the monthly period for which the amount is proposed to be determined or within three years after the return is filed, whichever period expires the later. In the case of a failure to make a return the notice of determination shall be served within eight years after the date the return was due.SEC. 19. Section 7675.1 of the Revenue and Taxation Code is amended to read:7675.1. In the case of a deficiency arising under this part during the lifetime of a decedent, a notice of deficiency determination shall be served within four months after written request therefor, in the form required by the department, by the fiduciary of the estate or trust or by any other person liable for the tax or any portion thereof.SEC. 20. Section 7676 of the Revenue and Taxation Code is amended to read:7676. If, before the expiration of the time prescribed in Section 7675 for serving a notice of deficiency determination, the taxpayer has consented in writing to service of the notice after that time, the notice may be served at any time prior to the expiration of the period agreed upon. The period so agreed upon may be extended by subsequent agreements in writing made before the expiration of the period previously agreed upon.SEC. 21. Section 8174 of the Revenue and Taxation Code is amended to read:8174. (a) Notwithstanding any other provision of this part, if the department finds that neither the person liable for payment of tax nor any party related to that person has in any way caused an erroneous refund for which an action for recovery is provided under Section 8171, no interest shall be imposed on the amount of that erroneous refund until 30 days after the date on which the department serves a notice of determination for repayment of the erroneous refund to the person. The act of filing a claim for refund shall not be considered as causing the erroneous refund.(b) This section shall be operative for any action for recovery under Section 8171 on or after January 1, 2000.SEC. 22. Section 8781 of the Revenue and Taxation Code is amended to read:8781. The department shall give the user written notice of its determination. The notice shall be served in one of the following manners:(a) By placing the notice in a sealed envelope, with postage paid, addressed to the user at their address as it appears in the records of the department. Service made pursuant to this subdivision shall be deemed complete at the time of the deposit of the notice in the United States Post Office, or a mailbox, sub-post office, substation, or mail chute, or other facility maintained or provided by the United States Postal Service, without extension of time for any reason.(b) By personally delivering the notice to the person to be served. Service made pursuant to this subdivision shall be deemed complete at the time of such delivery. Personal service to a corporation may be made by delivery of a notice to any person designated in the Code of Civil Procedure to be served for the corporation with summons and complaint in a civil action.(c) (1) By delivering the notice electronically via secure transmission when either of the following applies:(A) The taxpayer requests the notice of determination to be sent electronically via secure transmission.(B) The department has evidence that the taxpayer no longer receives mail at the address of record and has previously provided an address for electronic mail.(2) Service provided pursuant to paragraph (1) shall be deemed complete at the time the department electronically transmits the notice via the taxpayers secure web portal, without extension of time for any reason.SEC. 23. Section 8782 of the Revenue and Taxation Code is amended to read:8782. Except in the case of fraud, intent to evade the tax, or failure to make a return, every notice of a deficiency determination shall be served within three years after the last day of the calendar month following the period for which the return was due or within three years after the return is filed, whichever period expires later. If the user fails to make a return, the notice of determination shall be served within eight years after the last day of the month following the period for which the return was due.SEC. 24. Section 8782.1 of the Revenue and Taxation Code is amended to read:8782.1. In the case of a deficiency arising under this part during the lifetime of a decedent, a notice of deficiency determination shall be served within four months after written request therefor, in the form required by the department, by the fiduciary of the estate or trust or by any other person liable for the tax or any portion thereof.SEC. 25. Section 8783 of the Revenue and Taxation Code is amended to read:8783. If before the expiration of the time prescribed in Section 8782 for serving a notice of deficiency determination the taxpayer has consented in writing to the service of the notice after such time, the notice may be served at any time prior to the expiration of the period agreed upon. The period so agreed upon may be extended by subsequent agreements in writing made before the expiration of the period previously agreed upon.SEC. 26. Section 8805 of the Revenue and Taxation Code is amended to read:8805. Promptly after making its determination the department shall give to the user written notice of its estimate and determination, the notice to be served in the manner prescribed for service of notice of a deficiency determination.SEC. 27. Section 8829 of the Revenue and Taxation Code is amended to read:8829. Any notice required by this article may be served in the manner prescribed for service of notice of a deficiency determination.SEC. 28. Section 8853 of the Revenue and Taxation Code is amended to read:8853. The order or decision of the department upon a petition for redetermination becomes final 30 days after serving of notice thereof.SEC. 29. Section 8855 of the Revenue and Taxation Code is amended to read:8855. Any notice required by this article shall be served in the manner prescribed for service of notice of a deficiency determination.SEC. 30. Section 8951 of the Revenue and Taxation Code is amended to read:8951. The department, whenever it deems it necessary to ensure compliance with this part or any rule or regulation adopted under this part, may require any user or vendor to deposit with it any security that it may determine. Any security in the form of cash, government bonds, or insured deposits in banks and savings and loan institutions shall be held by the department in trust to be used solely in the manner provided for by this section and Section 8956. The department may sell the security at public sale if it becomes necessary in order to recover any amount due under this part. Notice of the sale may be served upon the person who deposited the security in the manner prescribed for service of notice of a deficiency determination. Upon any sale, any surplus above the amount due shall be returned to the person who deposited the security.SEC. 31. Section 9184 of the Revenue and Taxation Code is amended to read:9184. (a) Notwithstanding any other provision of this part, if the department finds that neither the person liable for payment of tax nor any party related to that person has in any way caused an erroneous refund for which an action for recovery is provided under Section 9181, no interest shall be imposed on the amount of that erroneous refund until 30 days after the date on which the department serves a notice of determination for repayment of the erroneous refund to the person. The act of filing a claim for refund shall not be considered as causing the erroneous refund.(b) This section shall be operative for any action for recovery under Section 9181 on or after January 1, 2000.SEC. 32. Section 12951 of the Revenue and Taxation Code is amended to read:12951. (a) If any amount has been illegally assessed, the board shall set forth that fact in its records, certify the amount determined to be assessed in excess of the amount legally assessed and the insurer or surplus line broker against which the assessment was made, and authorize the cancellation of the amount upon the records of the Controller and the board. The board shall mail a notice to the insurer or surplus line broker of any cancellation authorized. Any 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 after the effective date of that determination.(b) This section shall become operative on July 1, 2013.SEC. 33. 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, 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 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 after the effective date of that determination.(d) This section shall become operative on July 1, 2013.SEC. 34. Section 30206 of the Revenue and Taxation Code is amended to read:30206. The department shall give the person written notice of its determination. The notice shall be served in one of the following manners:(a) By placing the notice in a sealed envelope, with postage paid, addressed to the person at their address as it appears in the records of the department. Service made pursuant to this subdivision shall be deemed complete at the time of deposit of the notice in the United States Post Office, or a mailbox, sub-post office, substation, or mail chute, or other facility regularly maintained or provided by the United States Postal Service, without extension of time for any reason.(b) By personally delivering the notice to the person to be served. Service made pursuant to this subdivision shall be deemed complete at the time of such delivery. Personal service to a corporation may be made by delivery of a notice to any person designated in the Code of Civil Procedure to be served for the corporation with summons and complaint in a civil action.(c) (1) By delivering the notice electronically via secure transmission when either of the following applies:(A) The taxpayer requests the notice of determination to be sent electronically via secure transmission.(B) The department has evidence that the taxpayer no longer receives mail at the address of record and has previously provided an address for electronic mail.(2) Service provided pursuant to paragraph (1) shall be deemed complete at the time the department electronically transmits the notice via the taxpayers secure web portal, without extension of time for any reason.SEC. 35. Section 30207 of the Revenue and Taxation Code is amended to read:30207. Except in the case of fraud, intent to evade the tax, or failure to make a report or return, every notice of a deficiency determination shall be served within three years after the 25th day of the month following the month for which the amount should have been paid or the report or return was due, or within three years after the report or return was filed, whichever period expires later. In the case of failure to make a report or return, the notice of determination shall be served within eight years after the date the report or return was due.SEC. 36. Section 30207.1 of the Revenue and Taxation Code is amended to read:30207.1. In the case of a deficiency arising under this part during the lifetime of a decedent, a notice of deficiency determination shall be served within four months after written request therefor, in the form required by the department, by the fiduciary of the estate or trust or by any other person liable for the tax or any portion thereof.SEC. 37. Section 30208 of the Revenue and Taxation Code is amended to read:30208. If before the expiration of the time prescribed in Section 30207 for serving a notice of deficiency determination the taxpayer has consented in writing to the service of the notice after such time, the notice may be served at any time prior to the expiration of the period agreed upon. The period so agreed upon may be extended by subsequent agreements in writing made before the expiration of the period previously agreed upon.SEC. 38. Section 30225 of the Revenue and Taxation Code is amended to read:30225. Promptly after making its determination the department shall give to the person written notice of its estimate and determination, and of the penalty, the notice to be served in the manner prescribed for service of notice of a deficiency determination.SEC. 39. Section 30243 of the Revenue and Taxation Code is amended to read:30243. The person against whom a jeopardy determination is made may petition for the redetermination thereof pursuant to Article 5 of this chapter. They shall, however, file the petition for redetermination with the department within 10 days after the service upon them of notice of the determination. The person shall at the time of filing the petition for redetermination deposit with the department such security as it may deem necessary to insure compliance with this part. The security may be sold by the department at public sale if it becomes necessary in order to recover any amount due under this part. Notice of the sale may be served upon the person who deposited the security in the same manner as prescribed for service of notice by Section 30206. Upon any such sale, the surplus, if any, above the amount due under this part shall be returned to the person who deposited the security.SEC. 40. Section 30244 of the Revenue and Taxation Code is amended to read:30244. Any notice required by this article may be served in the manner prescribed for service of notice of a deficiency determination.SEC. 41. Section 30263 of the Revenue and Taxation Code is amended to read:30263. The order or decision of the department upon a petition for redetermination becomes final 30 days after serving of notice thereof.SEC. 42. Section 30265 of the Revenue and Taxation Code is amended to read:30265. Any notice required by this article shall be served in the manner prescribed for service of notice of a deficiency determination.SEC. 43. Section 30384 of the Revenue and Taxation Code is amended to read:30384. (a) Notwithstanding any other provision of this part, if the department finds that neither the person liable for payment of tax nor any party related to that person has in any way caused an erroneous refund for which an action for recovery is provided under Section 30381, no interest shall be imposed on the amount of that erroneous refund until 30 days after the date on which the department serves a notice of determination for repayment of the erroneous refund to the person. The act of filing a claim for refund shall not be considered as causing the erroneous refund.(b) This section shall be operative for any action for recovery under Section 30381 on or after January 1, 2000.SEC. 44. Section 32202 of the Revenue and Taxation Code is amended to read:32202. An excise tax is levied on sales made in this state of distilled spirits by common carriers on board boats, trains, and airplanes, or by persons licensed to sell distilled spirits on board such boats, trains, and airplanes, at the same rates as set forth in Section 32201. On or before the first day of each month such common carriers and such other licensed persons shall forward to the board a report of the sales of distilled spirits so made in the calendar month preceding the previous calendar month, in such detail and form as the board may prescribe and shall be filed using electronic media together with a payment sufficient to pay the tax on the sales.SEC. 45. Section 32271 of the Revenue and Taxation Code is amended to read:32271. (a) If the board is dissatisfied with the return or returns filed or amount of tax paid to the state by any taxpayer, it may compute and determine the amount to be paid based upon any information available to it. One or more additional determinations may be made of the amount of tax due for one or for more than one period. The amount of tax so determined shall bear interest at the modified adjusted rate per month, or fraction thereof, established pursuant to Section 6591.5, from the 15th day after the close of the period for which the amount of the tax, or any portion thereof, should have been reported until the date of payment. In making a determination, the board may offset overpayment for a period or periods against underpayments for another period or periods and against the interest and penalties on the underpayments.(b) If any part of the deficiency for which a determination of an additional amount due is made is found to have been occasioned by negligence or intentional disregard of this part or authorized rules, a penalty of 10 percent of the amount of the determination shall be added, plus interest as above provided.(c) If any part of the deficiency for which a determination of an additional amount due is made is found to be occasioned by fraud or an intent to evade this part or authorized rules, a penalty of 25 percent of the amount of the determination shall be added, plus interest as above provided.(d) The board shall give to the taxpayer written notice of its determination. The notice shall be served in one of the following manners:(1) By placing the notice in a sealed envelope, with postage paid, addressed to the taxpayer at their address as it appears in the records of the board. Service made pursuant to this paragraph shall be deemed complete at the time of the deposit of the notice in the United States Post Office, or a mailbox, sub-post office, substation or mail chute or other facility regularly maintained or provided by the United States Postal Service without extension of time for any reason.(2) By personally delivering the notice to the person to be served. Service made pursuant to this paragraph shall be deemed complete at the time of delivery. Personal service to a corporation may be made by delivery of a notice to any person designated in the Code of Civil Procedure to be served for the corporation with summons and complaint in a civil action.(3) (A) By delivering the notice electronically via secure transmission when either of the following applies:(i) The taxpayer requests the notice of determination to be sent electronically via secure transmission.(ii) The board has evidence that the taxpayer no longer receives mail at the address of record and has previously provided an address for electronic mail.(B) Service provided pursuant to subparagraph (A) shall be deemed complete at the time the board electronically transmits the notice via the taxpayers secure web portal, without extension of time for any reason.SEC. 46. Section 32272 of the Revenue and Taxation Code is amended to read:32272. Except in the case of a fraud, intent to evade this part or authorized rules and regulations, or failure to make a return, every notice of a determination of an additional amount due shall be served within three years after the date when the amount should have been paid or the return was due, or within three years after the return was filed, whichever period expires later. In the case of failure to make a return, the notice of determination shall be served within eight years after the date the return was due.SEC. 47. Section 32272.1 of the Revenue and Taxation Code is amended to read:32272.1. In the case of a deficiency arising under this part during the lifetime of a decedent, a notice of deficiency determination shall be served within four months after written request therefor, in the form required by the board, by the fiduciary of the estate or trust or by any other person liable for the tax or any portion thereof.SEC. 48. Section 32273 of the Revenue and Taxation Code is amended to read:32273. If before the expiration of the time prescribed in Section 32272 for the serving of a notice of deficiency determination the taxpayer has consented in writing to the serving of the notice after such time, the notice may be served at any time prior to the expiration of the period agreed upon. The period so agreed upon may be extended by subsequent agreements in writing made before the expiration of the period previously agreed upon.SEC. 49. Section 32291 of the Revenue and Taxation Code is amended to read:32291. If any taxpayer fails to make a return required by this part, the board shall make an estimate, based upon any information available to it, for the period or periods with respect to which the taxpayer failed to make a return of all alcoholic beverages sold in this state by them. Upon the basis of this estimate the board shall compute and determine the amount required to be paid to the state, adding to the sum thus fixed a penalty equal to 10 percent thereof. One or more determinations may be made of the amount of tax due for one or for more than one period. The amount of tax so determined shall bear interest at the modified adjusted rate per month, or fraction thereof, established pursuant to Section 6591.5, from the 15th day of the month following the close of the period for which the amount of the tax, or any portion thereof, should have been returned until the date of payment. In making a determination the board may offset overpayments for a period or periods against underpayments for another period or periods and against interest and penalties on the underpayments. If any part of the deficiency for which a determination is made is due to negligence or intentional disregard of this part or authorized rules, an additional penalty of 10 percent of the amount of the determination shall be added. If the neglect or refusal of a taxpayer to file a return as required by this part was due to fraud or an intent to evade the tax, there shall be added to the tax a penalty equal to 25 percent thereof in addition to the 10 percent penalty. The board shall give to the taxpayer written notice of the estimate and determination, the notice to be served in the same manner as prescribed for service of notice by Section 32271.SEC. 50. Section 32306 of the Revenue and Taxation Code is amended to read:32306. Any notice required by this section shall be served in the same manner as prescribed for service of notice by Section 32271.SEC. 51. Section 32312 of the Revenue and Taxation Code is amended to read:32312. The taxpayer against whom a jeopardy determination is made may file a petition for the redetermination thereof, pursuant to Article 4 of this chapter, with the board within 10 days after the service upon them of notice of the determination, but they shall within the 10-day period deposit with the board such security as it deems necessary to insure compliance with the provisions of this part. The security may be sold by the board at public sale if it becomes necessary in order to recover any amount due under this part. Notice of the sale may be served upon the person who deposited the security in the same manner as prescribed for service of notice by Section 32271. Upon any such sale, the surplus, if any, above the amount due under this division shall be returned to the person who deposited the security.SEC. 52. Section 32387 of the Revenue and Taxation Code is amended to read:32387. (a) The board may, by notice of levy served personally, by first-class mail, or by electronic transmission or other electronic technology, require all persons having in their possession, or under their control, any payments, credits other than payments, or other personal property belonging to a taxpayer or other person liable for any amount under this part to withhold from these credits or other personal property the amount of any tax, interest, or penalties due from the taxpayer or other person, or the amount of any liability incurred by them under this part, and to transmit the amount withheld to the board at the time it may designate. The notice of levy shall have the same effect as a levy pursuant to a writ of execution except for the continuing effect of the levy, as provided in subdivision (b).(b) The person served shall continue to withhold pursuant to the notice of levy until the amount specified in the notice, including accrued interest, has been paid in full, until the notice is withdrawn, or until one year from the date the notice is received, whichever occurs first.(c) The amount required to be withheld is the lesser of the following:(1) The amount due stated on the notice.(2) The sum of both of the following:(A) The amount of the payments, credits other than payments, or personal property described above and under the persons possession or control when the notice of levy is served on the person.(B) The amount of each payment that becomes due following service of the notice of levy on the person and prior to the expiration of the levy.(d) For the purposes of this section, the term payments does not include earnings as that term is defined in subdivision (a) of Section 706.011 of the Code of Civil Procedure or funds in a deposit account as defined in paragraph (29) of subdivision (a) of Section 9102 of the Commercial Code. The term payments does include any of the following:(1) Payments due for services of independent contractors, dividends, rents, royalties, residuals, patent rights, or mineral or other natural rights.(2) Payments or credits due or becoming due periodically as a result of an enforceable obligation to the distributor, dealer, or other person liable for the tax.(3) Any other payments or credits due or becoming due the distributor, dealer, or other person liable as the result of written or oral contracts for services or sales whether denominated as wages, salary, commission, bonus, or otherwise.(e) In the case of a financial institution, to be effective, the notice shall state the amount due from the consumer and shall be delivered, mailed, or served by electronic transmission or other electronic technology, to the branch or office of the financial institution where the credits or other property is held, unless another branch or office is designated by the financial institution to receive the notice.SEC. 53. Section 32432.5 of the Revenue and Taxation Code is amended to read:32432.5. (a) Notwithstanding any other provision of this part, if the board finds that neither the person liable for payment of tax nor any party related to that person has in any way caused an erroneous refund for which an action for recovery is provided under Section 32431, no interest shall be imposed on the amount of that erroneous refund until 30 days after the date on which the board serves a notice of determination for repayment of the erroneous refund to the person. The act of filing a claim for refund shall not be considered as causing the erroneous refund.(b) This section shall be operative for any action for recovery under Section 32431 on or after January 1, 2000.SEC. 54. Section 32452 of the Revenue and Taxation Code is amended to read:32452. (a) In addition to any other reports or schedules required under this part, the board may, by rule and otherwise, require additional, other, or supplemental reports or schedules from alcoholic beverage licensees, common and private carriers, and other persons and prescribe the form, including verification, of the information to be given on, and the times for filing of, such additional, other, or supplemental reports or schedules.(b) Any reports or schedules required to be filed under this section shall be filed using electronic media. Reports shall be authenticated in a form or pursuant to methods as may be prescribed by the board.(c) The failure or refusal of any person to render the reports required under this section is a misdemeanor.SEC. 55. Section 38416 of the Revenue and Taxation Code is amended to read:38416. The department shall give to the person written notice of its determination. The notice shall be served in one of the following manners:(a) By placing the notice in a sealed envelope, with postage paid, addressed to the person at their address as it appears in the records of the department. Service made pursuant to this subdivision shall be deemed complete at the time of the deposit of the notice in the United States Post Office, or a mailbox, sub-post office, substation, or mail chute, or other facility regularly maintained or provided by the United States Postal Service, without extension of time for any reason.(b) By personally delivering the notice to the person to be served. Service made pursuant to this subdivision is complete at the time of delivery. Personal service to a corporation may be made by delivery of a notice to any person designated in the Code of Civil Procedure to be served for the corporation with summons and complaint in a civil action.(c) (1) By delivering the notice electronically via secure transmission when either of the following applies:(A) The taxpayer requests the notice of determination to be sent electronically via secure transmission.(B) The department has evidence that the taxpayer no longer receives mail at the address of record and has previously provided an address for electronic mail.(2) Service provided pursuant to paragraph (1) shall be deemed complete at the time the department electronically transmits the notice via the taxpayers secure web portal, without extension of time for any reason.SEC. 56. Section 38417 of the Revenue and Taxation Code is amended to read:38417. Except in the case of fraud, intent to evade this part or authorized rules and regulations, or failure to make a return, every notice of a deficiency determination shall be served within three years after the last day of the calendar month following the quarterly period for which the amount is proposed to be determined or within three years after the return is filed, whichever period expires the later. In the case of failure to make a return, every notice of determination shall be served within eight years after the last day of the calendar month following the quarterly period for which the amount is proposed to be determined.SEC. 57. Section 38418 of the Revenue and Taxation Code is amended to read:38418. In the case of a deficiency arising under this part during the lifetime of a decedent, a notice of deficiency determination shall be served within four months after written request therefor, in the form required by the department, by the fiduciary of the estate or trust or by any other person liable for the tax or any portion thereof.SEC. 58. Section 38419 of the Revenue and Taxation Code is amended to read:38419. If before the expiration of the time prescribed in Section 38417 for serving a notice of deficiency determination the taxpayer has consented in writing to the service of the notice after such time, the notice may be served at any time prior to the expiration of the period agreed upon. The period so agreed upon may be extended by subsequent agreements in writing made before the expiration of the period previously agreed upon.SEC. 59. Section 38425 of the Revenue and Taxation Code is amended to read:38425. Promptly after making its determination the department shall give to the person written notice of the estimate, determination, and penalty, the notice to be served in the manner prescribed for service of notice of a deficiency determination.SEC. 60. Section 38434 of the Revenue and Taxation Code is amended to read:38434. Any notice required by this article shall be served in the manner prescribed for service of notice of a deficiency determination.SEC. 61. Section 38447 of the Revenue and Taxation Code is amended to read:38447. Any notice required by this article shall be served in the manner prescribed for service of notice of a deficiency determination.SEC. 62. Section 38501 of the Revenue and Taxation Code is amended to read:38501. The department, whenever it deems it necessary to ensure compliance with this part, may require any person subject thereto, to place with it such security as the department may determine. Any security in the form of cash, government bonds, or insured deposits in banks or savings and loan institutions shall be held by the department in trust to be used solely in the manner provided by this section and Section 38565. The amount of the security shall be fixed by the department but, except as noted below, shall not be greater than twice the estimated average liability of persons filing returns for quarterly periods or three times the estimated average liability of persons required to file returns for monthly periods, determined in such manner as the department deems proper, or ten thousand dollars ($10,000), whichever amount is the lesser. The limitations herein provided apply regardless of the type of security placed with the department. The amount of the security may be increased or decreased by the department subject to the limitations herein provided. The department may sell the security at public auction if it becomes necessary to do so in order to recover any tax or any amount required to be collected, interest, or penalty due. Notice of the sale may be served upon the person who placed the security in the manner prescribed for service of a notice of a deficiency determination. Security in the form of a bearer bond issued by the United States or the State of California which has a prevailing market price may, however, be sold by the department at private sale at a price not lower than the prevailing market price thereof. Upon any sale any surplus above the amounts due shall be returned to the person who placed the security.SEC. 63. Section 38624 of the Revenue and Taxation Code is amended to read:38624. (a) Notwithstanding any other provision of this part, if the department finds that neither the person liable for payment of tax nor any party related to that person has in any way caused an erroneous refund for which an action for recovery is provided under Section 38621, no interest shall be imposed on the amount of that erroneous refund until 30 days after the date on which the department serves a notice of determination for repayment of the erroneous refund to the person. The act of filing a claim for refund shall not be considered as causing the erroneous refund.(b) This section shall be operative for any action for recovery under Section 38621 on or after January 1, 2000.SEC. 64. Section 40005 of the Revenue and Taxation Code is amended to read:40005. Board or department means the California Department of Tax and Fee Administration.SEC. 65. Section 40076 of the Revenue and Taxation Code is amended to read:40076. The department shall give to the electric utility or person consuming electrical energy written notice of its determination. The notice shall be served in one of the following manners:(a) By placing the notice in a sealed envelope with postage paid addressed to the electric utility or person consuming electrical energy at their address as it appears in the records of the department. Service made pursuant to this subdivision shall be deemed complete at the time of the deposit of the notice in the United States Post Office, or a mailbox, sub-post office, substation, or mail chute, or other facility regularly maintained or provided by the United States Postal Service, without extension of time for any reason.(b) By personally delivering the notice to the person to be served. Service made pursuant to this subdivision shall be deemed complete at the time of such delivery. Personal service to a corporation may be made by delivery of a notice to any person designated in the Code of Civil Procedure to be served for the corporation with summons and complaint in a civil action.(c) (1) By delivering the notice electronically via secure transmission when either of the following applies:(A) The feepayer requests the notice of determination to be sent electronically via secure transmission.(B) The department has evidence that the feepayer no longer receives mail at the address of record and has previously provided an address for electronic mail.(2) Service provided pursuant to paragraph (1) shall be deemed complete at the time the department electronically transmits the notice via the feepayers secure web portal, without extension of time for any reason.SEC. 66. Section 40077 of the Revenue and Taxation Code is amended to read:40077. Except in the case of fraud, intent to evade this part or authorized rules and regulations, or failure to make a return every notice of a deficiency determination shall be served within three years after the last day of the calendar month following the quarterly period for which the amount is proposed to be determined or within three years after the return is filed, whichever period expires the later. In the case of failure to make a return, every notice of determination shall be served within eight years after the last day of the calendar month following the quarterly period for which the amount is proposed to be determined.SEC. 67. Section 40078 of the Revenue and Taxation Code is amended to read:40078. In the case of a deficiency arising under this part during the lifetime of a decedent, a notice of deficiency determination shall be served within four months after written request therefor, in the form required by the department, by the fiduciary of the estate or trust or by any other person liable for the surcharge or any portion thereof.SEC. 68. Section 40079 of the Revenue and Taxation Code is amended to read:40079. If, before the expiration of the time prescribed in Section 40077 for serving a notice of deficiency determination, the taxpayer has consented in writing to the service of the notice after such time, the notice may be served at any time prior to the expiration of the period agreed upon. The period so agreed upon may be extended by subsequent agreements in writing made before the expiration of the period previously agreed upon.SEC. 69. Section 40085 of the Revenue and Taxation Code is amended to read:40085. Promptly after making its determination the department shall give to the person written notice of the estimate, determination, and penalty, the notice to be served in the manner prescribed for service of notice of a deficiency determination.SEC. 70. Section 40097 of the Revenue and Taxation Code is amended to read:40097. Any notice required by this article shall be served in the manner prescribed for service of notice of a deficiency determination.SEC. 71. Section 41075 of the Revenue and Taxation Code is amended to read:41075. The department shall give to the service supplier, seller, or service user written notice of its determination. The notice shall be served in one of the following manners:(a) By placing the notice in a sealed envelope with postage paid addressed to the service supplier, seller, or service user at the service suppliers, sellers, or service users address as it appears in the records of the department. Service made pursuant to this subdivision shall be deemed complete at the time of the deposit of the notice in the United States Post Office or facility regularly maintained or provided by the United States Postal Service, without extension of time for any reason.(b) By personally delivering the notice to the person to be served. Service made pursuant to this subdivision shall be deemed complete at the time of such delivery. Personal service to a corporation may be made by delivery of a notice to any person designated in the Code of Civil Procedure to be served for the corporation with summons and complaint in a civil action.(c) (1) By delivering the notice electronically via secure transmission when either of the following applies:(A) The feepayer requests the notice of determination to be sent electronically via secure transmission.(B) The department has evidence that the feepayer no longer receives mail at the address of record and has previously provided an address for electronic mail.(2) Service provided pursuant to paragraph (1) shall be deemed complete at the time the department electronically transmits the notice via the feepayers secure web portal, without extension of time for any reason.SEC. 72. Section 41076 of the Revenue and Taxation Code is amended to read:41076. Except in the case of fraud, intent to evade this part or authorized rules and regulations, or failure to make a return, every notice of a deficiency determination shall be served within three years after the last day of the second calendar month following the reporting period for which the amount is proposed to be determined or within three years after the return is filed, whichever period expires the later. In the case of failure to make a return, every notice of determination shall be served within eight years after the last day of the second calendar month following the reporting period for which the amount is proposed to be determined.SEC. 73. Section 41077 of the Revenue and Taxation Code is amended to read:41077. In the case of a deficiency arising under this part during the lifetime of a decedent, a notice of deficiency determination shall be served within four months after written request therefor, in the form required by the department, by the fiduciary of the estate or trust or by any other person liable for the surcharge or any portion thereof.SEC. 74. Section 41078 of the Revenue and Taxation Code is amended to read:41078. If before the expiration of the time prescribed in Section 41076 for serving a notice of deficiency determination, the taxpayer has consented in writing to service of the notice after that time, the notice may be served at any time prior to the expiration of the period agreed upon. The period so agreed upon may be extended by subsequent agreements in writing made before the expiration of the period previously agreed upon.SEC. 75. Section 41084 of the Revenue and Taxation Code is amended to read:41084. Promptly after making its determination the department shall give to the person written notice of the estimate, determination, and penalty, the notice to be served in the manner prescribed for service of notice of a deficiency determination.SEC. 76. Section 41091 of the Revenue and Taxation Code is amended to read:41091. Any notice required by this article shall be served in the manner prescribed for service of notice of a deficiency determination.SEC. 77. Section 43007 of the Revenue and Taxation Code is amended to read:43007. Board means the California Department of Tax and Fee Administration.SEC. 78. Section 43155.01 of the Revenue and Taxation Code is amended to read:43155.01. (a) A person who fails to pay any generation and handling fee or installment, except amounts of determinations made by the California Department of Tax and Fee Administration under Article 2 (commencing with Section 43201), within the time required shall pay a penalty, plus interest at the modified adjusted rate per month, or fraction of a month, established pursuant to Section 6591.5, from the date on which the fee or the amount of fee required to be collected became due and payable to the state until the date of payment, as follows:(1) For a delinquency period of 30 days or fewer from the date the installment or fee became due and payable, the penalty shall be 10 percent of the amount of the delinquent fee or installment not timely remitted.(2) For a delinquency period of at least 31 days, but not more than 60 days, from the date the installment or fee became due and payable, the penalty shall be 25 percent of the amount of the delinquent fee or installment not timely remitted.(3) For a delinquency period of at least 61 days, but not more than 90 days, from the date the installment or fee became due and payable, the penalty shall be 50 percent of the amount of the delinquent fee or installment not timely remitted.(4) For a delinquency period of 91 days or more from the date the installment or fee became due and payable, the penalty shall be 100 percent of the amount of the delinquent fee or installment not timely remitted.(b) For any person who fails to file a generation and handling fee return with the California Department of Tax and Fee Administration in accordance with this part within the time prescribed for the filing of a generation and handling fee return, a penalty shall be added on account of the delinquency, as follows:(1) For a delinquency period of 30 days or fewer from the date the return became due, the penalty shall be 10 percent of the amount of the fee, exclusive of previously remitted installments.(2) For a delinquency period of at least 31 days, but not more than 60 days, from the date the return became due, the penalty shall be 25 percent of the amount of the fee, exclusive of previously remitted installments.(3) For a delinquency period of at least 61 days, but not more than 90 days, from the date the return became due, the penalty shall be 50 percent of the amount of the fee, exclusive of previously remitted installments.(4) For a delinquency period of 91 days or more from the date the return became due, the penalty shall be 100 percent of the amount of the fee, exclusive of previously remitted installments.(c) The sum of the penalties imposed pursuant to subdivisions (a) and (b) shall not exceed 100 percent of the total fee required pursuant to Section 25205.5 of the Health and Safety Code.(d) Notwithstanding any other limitation to the penalty amount imposed for any one installment, fee, or return specified in this part, the penalties imposed pursuant to this section shall be in addition to any other penalties imposed under this part.(e) This section applies to any fee imposed pursuant to Section 25205.5 of the Health and Safety Code for any return or payment that becomes due on or after November 30, 2024. SEC. 79. Section 43201 of the Revenue and Taxation Code is amended to read:43201. (a) If the California Department of Tax and Fee Administration is dissatisfied with the return or report filed or the amount of tax paid to the state by any taxpayer, or if no return or report has been filed or no payment or payments of the taxes have been made to the state by a taxpayer, the California Department of Tax and Fee Administration may compute and determine the amount to be paid, based upon any information available to it. In addition, where the California Department of Tax and Fee Administration is authorized to collect a tax for another state agency, the California Department of Tax and Fee Administration may issue a notice of determination or similar billing document for collection of the tax. One or more additional determinations may be made of the amount of tax due for one, or for more than one, period. The amount of tax so determined shall bear interest at the modified adjusted rate per month, or fraction thereof, established pursuant to Section 6591.5, from the date the amount of the tax, or any portion thereof, became due and payable until the date of payment. In making a determination, the California Department of Tax and Fee Administration may offset overpayments for a period or periods against underpayments for another period or periods and against the interest and penalties on the underpayments.(b) If any part of the deficiency for which a determination of an additional amount due is found to have been occasioned by negligence or intentional disregard of this part or authorized regulations, a penalty of 10 percent of the amount of the determination shall be added, plus interest as provided above.(c) If any part of the deficiency for which a determination of an additional amount due is found to be occasioned by fraud or an intent to evade this part or authorized regulations, a penalty of 25 percent of the amount of the determination shall be added, plus interest as provided in subdivision (a).(d) The California Department of Tax and Fee Administration shall give to the taxpayer written notice of its determination. The notice shall be served in one of the following manners:(1) By placing the notice in a sealed envelope, with postage paid, addressed to the taxpayer at their address as it appears in the records of the California Department of Tax and Fee Administration. Service made pursuant to this paragraph shall be deemed complete at the time of the deposit of the notice in a United States Post Office, or a mailbox, sub-post office, substation, or mail chute, or other facility regularly maintained or provided by the United States Postal Service without extension of time for any reason.(2) By personally delivering the notice to the person to be served. Service made pursuant to this paragraph shall be deemed complete at the time of delivery. Personal service to a corporation may be made by delivery of a notice to any person designated in the Code of Civil Procedure to be served for the corporation with summons and complaint in a civil action.(3) (A) By delivering the notice electronically via secure transmission when either of the following applies:(i) The taxpayer requests the notice of determination to be sent electronically via secure transmission.(ii) The California Department of Tax and Fee Administration has evidence that the taxpayer no longer receives mail at the address of record and has previously provided an address for electronic mail.(B) Service provided pursuant to subparagraph (A) shall be deemed complete at the time the California Department of Tax and Fee Administration electronically transmits the notice via the taxpayers secure web portal, without extension of time for any reason.(e) This section shall not apply to any fee imposed pursuant to Section 25205.5 or 25205.5.2 of the Health and Safety Code for any return or payment that becomes due on or after November 30, 2024.SEC. 80. Section 43201.01 of the Revenue and Taxation Code is amended to read:43201.01. (a) If the California Department of Tax and Fee Administration is dissatisfied with the return or report filed or the amount of fee paid to the state by any feepayer, or if no return or report has been filed or no payment or payments of the fees have been made to the state by a feepayer, the California Department of Tax and Fee Administration may compute and determine the amount to be paid, based upon any information available to it. In addition, where the California Department of Tax and Fee Administration is authorized to collect a fee for another state agency, the California Department of Tax and Fee Administration may issue a notice of determination or similar billing document for collection of the fee. One or more additional determinations may be made of the amount of fee due for one, or for more than one, period. The amount of fee so determined shall bear interest at the modified adjusted rate per month, or fraction thereof, established pursuant to Section 6591.5, from the date the amount of the fee, or any portion thereof, became due and payable until the date of payment. In making a determination, the California Department of Tax and Fee Administration may offset overpayments for a period or periods against underpayments for another period or periods and against the interest and penalties on the underpayments.(b) If any part of the deficiency for which a determination of an additional amount due is found to have been occasioned by negligence or intentional disregard of this part or authorized regulations, a penalty of 10 percent of the amount of the determination shall be added, plus interest as provided in subdivision (a).(c) If a feepayer willfully or knowingly provides incorrect information or withholds information that results in a deficient payment or nonpayment, as determined by California Department of Tax and Fee Administration, a penalty of 300 percent of the amount of the determination shall be added.(d) Notwithstanding any other limitation to the maximum penalty amount imposed for any one payment or return specified in this part, the penalties imposed pursuant to this section shall be in addition to any other penalties imposed under this part.(e) The California Department of Tax and Fee Administration shall give to the feepayer written notice of its determination. The notice shall be served in one of the following manners: (1) By placing the notice in a sealed envelope, with postage paid, addressed to the feepayer at their address as it appears in the records of the California Department of Tax and Fee Administration. Service made pursuant to this paragraph shall be deemed complete at the time of the deposit of the notice in a United States post office, or a mailbox, subpost office, substation or mail chute, or other facility regularly maintained or provided by the United States Postal Service without extension of time for any reason.(2) By personally delivering the notice to the person to be served. Service made pursuant to this paragraph shall be deemed complete at the time of delivery. Personal service to a corporation may be made by delivery of a notice to any person designated in the Code of Civil Procedure to be served for the corporation with summons and complaint in a civil action.(3) (A) By delivering the notice electronically via secure transmission when either of the following applies:(i) The feepayer requests the notice of determination to be sent electronically via secure transmission.(ii) The California Department of Tax and Fee Administration has evidence that the feepayer no longer receives mail at the address of record and has previously provided an address for electronic mail.(B) Service provided pursuant to subparagraph (A) shall be deemed complete at the time the California Department of Tax and Fee Administration electronically transmits the notice via the feepayers secure web portal, without extension of time for any reason.(f) This section shall only apply to any return or payment that becomes due on or after November 30, 2024, and shall only apply to the generation and handling fee imposed pursuant to Section 25205.5 or 25205.5.2 of the Health and Safety Code.SEC. 81. Section 43202 of the Revenue and Taxation Code is amended to read:43202. (a) Except in the case of fraud, intent to evade this part, authorized rules and regulations, or failure to make a return, every notice of a determination of an additional amount due shall be served within three years after the date when the amount should have been paid or the return was due, or within three years after the return was filed, whichever period expires later. In the case of failure to make a return, the notice of determination shall be served within eight years after the date the report or return was due.(b) The limitation specified in subdivision (a) shall not apply to a liability for the fees described in subdivisions (b) and (c) of Section 25205.25 of the Health and Safety Code that is proposed to be determined with respect to a taxpayer if a notice of determination for the fee imposed pursuant to Section 25205.2 of the Health and Safety Code has been given pursuant to Section 43201 or 43350 for the same period and site, or with respect to a taxpayer that has paid the fee imposed by Section 25205.2 of the Health and Safety Code for the same period and site. The notice of determination with respect to the fees described in subdivisions (b) and (c) of Section 25205.25 of the Health and Safety Code shall be given within 90 days from the date of final action of the California Department of Tax and Fee Administration or final judicial action, whichever is later, concerning liability for the fee imposed pursuant to Section 25205.2 of the Health and Safety Code.(c) The limitation specified in subdivision (a) shall not apply to a liability for the fee imposed pursuant to Section 25205.2 of the Health and Safety Code that is proposed to be determined with respect to a taxpayer if a notice of determination for the fees described in subdivisions (b) and (c) of Section 25205.25 of the Health and Safety Code has been given pursuant to Section 43201 or 43350 for the same period and site, or with respect to a taxpayer that has paid the fees described in subdivisions (b) and (c) of Section 25205.25 of the Health and Safety Code for the same period and site. The notice of determination with respect to the fee imposed pursuant to Section 25205.2 of the Health and Safety Code shall be given within 90 days from the date of final action of the California Department of Tax and Fee Administration or final judicial action, whichever is later, concerning liability for the fees described in subdivisions (b) and (c) of Section 25205.25 of the Health and Safety Code.SEC. 82. Section 43203 of the Revenue and Taxation Code is amended to read:43203. In the case of a deficiency arising under this part during the lifetime of a decedent, a notice of deficiency determination shall be served within four months after written request therefor, in the form required by the California Department of Tax and Fee Administration, by the fiduciary of the estate or trust or by any other person liable for the tax or any portion thereof.SEC. 83. Section 43204 of the Revenue and Taxation Code is amended to read:43204. If before the expiration of the time prescribed in Section 43202 for serving a notice of deficiency determination the taxpayer has consented in writing to service of the notice after such time, the notice may be served at any time prior to the expiration of the period agreed upon. The period so agreed upon may be extended by subsequent agreements in writing made before the expiration of the period previously agreed upon.SEC. 84. Section 43307 of the Revenue and Taxation Code is amended to read:43307. Any notice required by this article shall be served in the same manner as prescribed for service of notice by Section 43201 or 43201.01.SEC. 85. Section 43351 of the Revenue and Taxation Code is amended to read:43351. The taxpayer against whom a jeopardy determination is made may file a petition for the redetermination thereof, pursuant to Article 4 (commencing with Section 43301), with the California Department of Tax and Fee Administration within 10 days after the service upon the taxpayer of notice of the determination, but they shall, within the 10-day period, deposit with the California Department of Tax and Fee Administration such security as it deems necessary to insure compliance with the provisions of this part. The security may be sold by the California Department of Tax and Fee Administration at public sale if it becomes necessary in order to recover any amount due under this part. Notice of the sale may be served upon the person who deposited the security in the same manner as prescribed for service of notice by Section 43201 or 43201.01. Upon any such sale, the surplus, if any, above the amount due under this part shall be returned to the person who deposited the security.SEC. 86. Section 43484 of the Revenue and Taxation Code is amended to read:43484. (a) Notwithstanding any other provision of this part, if the California Department of Tax and Fee Administration finds that neither the person liable for payment of tax nor any party related to that person has in any way caused an erroneous refund for which an action for recovery is provided under Section 43481, no interest shall be imposed on the amount of that erroneous refund until 30 days after the date on which the California Department of Tax and Fee Administration serves a notice of determination for repayment of the erroneous refund to the person. The act of filing a claim for refund shall not be considered as causing the erroneous refund.(b) This section shall be operative for any action for recovery under Section 43481 on or after January 1, 2000.SEC. 87. Section 43507.5 of the Revenue and Taxation Code is amended to read:43507.5. (a) The Legislature hereby finds and declares that changes made to the imposition and administration of the disposal fee, facility fee, generator fee, and transportable treatment unit fee set forth in Sections 28, 53, 54, and 64 of Chapter 73 of the Statutes of 2021 were not intended to repeal the authority of the Department of Toxic Substances Control and the California Department of Tax and Fee Administration to continue to administer and collect those fees. Therefore, the California Department of Tax and Fee Administration may continue billing and collecting fees due, making any refunds and effecting any credits, disposing of the money collected, and assessing any interest or penalties that have accrued, and may commence or continue to pursue any action or proceeding regarding the following fees:(1) The disposal fee imposed pursuant to Section 25174.1 of the Health and Safety Code, as that section read on December 31, 2022, for hazardous waste disposed of on or before June 30, 2022, that was due and payable on or before September 30, 2022.(2) The generator fee imposed pursuant to Section 25205.5 of the Health and Safety Code, as that section read on December 31, 2021, for hazardous waste generated on or before December 31, 2021, that was due and payable on or before February 28, 2022.(3) The transportable treatment unit fee imposed pursuant to Section 25205.14 of the Health and Safety Code, as that section read on December 31, 2022, for each facility or transportable treatment unit authorized on or before June 30, 2022, and that was due and payable on or before December 31, 2022.(b) A fee, including any applicable penalty or interest, collected pursuant to this section shall be administered pursuant to this part as it read at the time the fees described in subdivision (a) were originally imposed.SEC. 88. Section 45007 of the Revenue and Taxation Code is amended to read:45007. Board or department means the California Department of Tax and Fee Administration.SEC. 89. Section 45201 of the Revenue and Taxation Code is amended to read:45201. (a) If the department is dissatisfied with the report or return filed or the amount of fee paid to the state by any fee payer, or if no report or return has been filed or no payment or payments of the fees have been made to the state by a fee payer, the department may compute and determine the amount to be paid, based upon any information available to it. One or more additional determinations may be made of the amount of fee due for one, or for more than one, period. The amount of fee so determined shall bear interest at the modified adjusted rate per month, or fraction thereof, established pursuant to Section 6591.5, from the date the amount of the fee, or any portion thereof, became due and payable until the date of payment. In making a determination, the department may offset overpayments for a period or periods against underpayments for another period or periods and against the interest and penalties on the underpayments.(b) If any part of the deficiency for which a determination of an additional amount due is made is found to have been occasioned by negligence or intentional disregard of this part or regulations adopted by the department pursuant to this part, a penalty of 10 percent of the amount of that determination shall be added, plus interest as provided in subdivision (a).(c) If any part of the deficiency for which a determination of an additional amount due is made is found to be occasioned by fraud or an intent to evade this part or authorized regulations, a penalty of 25 percent of the amount of the determination shall be added, plus interest as provided in subdivision (a).(d) The department shall give to the fee payer written notice of its determination. The notice shall be served in one of the following manners:(1) By placing the notice in a sealed envelope, with postage paid, addressed to the fee payer at their address as it appears in the records of the department. Service made pursuant to this paragraph shall be deemed complete at the time of the deposit of the notice in a United States Post Office, or a mailbox, sub-post office, substation, mail chute, or other facility regularly maintained or provided by the United States Postal Service, without extension of time for any reason.(2) By personally delivering the notice to the person to be served. Service made pursuant to this paragraph shall be deemed complete at the time of delivery. Personal service to a corporation may be made by delivery of a notice to any person designated in the Code of Civil Procedure to be served for the corporation with summons and complaint in a civil action.(3) (A) By delivering the notice electronically via secure transmission when either of the following applies:(i) The feepayer requests the notice of determination to be sent electronically via secure transmission.(ii) The department has evidence that the feepayer no longer receives mail at the address of record and has previously provided an address for electronic mail.(B) Service provided pursuant to subparagraph (A) shall be deemed complete at the time the department electronically transmits the notice via the feepayers secure web portal, without extension of time for any reason.SEC. 90. Section 45202 of the Revenue and Taxation Code is amended to read:45202. Except in the case of fraud, intent to evade this part or rules and regulations adopted under this part, or failure to make a report or return, every notice of a determination of an additional amount due shall be served within three years after the date when the amount was required to have been paid or the report or return was due, or within three years after the report or return was filed, whichever period expires later. In the case of failure to make a report or return, the notice of determination shall be served within eight years after the date the report or return was due.SEC. 91. Section 45203 of the Revenue and Taxation Code is amended to read:45203. If, before the expiration of the time prescribed in Section 45202 for serving a notice of deficiency determination, the fee payer has consented in writing to the service of the notice after that time, the notice may be served at any time prior to the expiration of the period agreed upon. The period agreed upon may be extended by subsequent agreements in writing made before the expiration of the period previously agreed upon.SEC. 92. Section 45307 of the Revenue and Taxation Code is amended to read:45307. Any notice required by this article shall be served in the same manner as prescribed for service of notice by Section 43201.SEC. 93. Section 45352 of the Revenue and Taxation Code is amended to read:45352. The fee payer against whom a jeopardy determination is made may file a petition for the redetermination thereof, pursuant to Article 3 (commencing with Section 45301), with the California Department of Tax and Fee Administration within 10 days after the service upon the fee payer of notice of the determination, and they shall, within the 10-day period, deposit with the California Department of Tax and Fee Administration that security which the California Department of Tax and Fee Administration deems necessary to insure compliance with this part. The security may be sold by the California Department of Tax and Fee Administration at public sale if it becomes necessary in order to recover any amount due under this part. Notice of the sale may be served upon the person who deposited the security in the same manner as prescribed for service of notice by Section 45201. After that sale, the surplus, if any, above the amount due under this part shall be returned to the person who deposited the security.SEC. 94. Section 45752 of the Revenue and Taxation Code is amended to read:45752. (a) Notwithstanding any other provision of this part, if the department finds that neither the person liable for payment of fee nor any party related to that person has in any way caused an erroneous refund for which an action for recovery is provided under Section 45751, no interest shall be imposed on the amount of that erroneous refund until 30 days after the date on which the department serves a notice of determination for repayment of the erroneous refund to the person. The act of filing a claim for refund shall not be considered as causing the erroneous refund.(b) This section shall be operative for any action for recovery under Section 45751 on or after January 1, 2000.SEC. 95. Section 46009 of the Revenue and Taxation Code is amended to read:46009. Board or department means the California Department of Tax and Fee Administration.SEC. 96. Section 46202 of the Revenue and Taxation Code is amended to read:46202. The department shall give to the feepayer written notice of its determination. The notice shall be served in one of the following manners:(a) By placing the notice in a sealed envelope, with postage paid, addressed to the feepayer at their address as it appears in the records of the department. Service made pursuant to this subdivision shall be deemed complete at the time of the deposit of the notice in a United States Post Office, or a mailbox, sub-post office, substation, or mail chute, or other facility regularly maintained or provided by the United States Postal Service without extension of time for any reason.(b) By personally delivering the notice to the person to be served. Service made pursuant to this subdivision shall be deemed complete at the time of delivery. Personal service to a corporation may be made by delivery of a notice to any person designated in the Code of Civil Procedure to be served for the corporation with summons and complaint in a civil action.(c) (1) By delivering the notice electronically via secure transmission when either of the following applies:(A) The feepayer requests the notice of determination to be sent electronically via secure transmission.(B) The department has evidence that the feepayer no longer receives mail at the address of record and has previously provided an address for electronic mail.(2) Service provided pursuant to paragraph (1) shall be deemed complete at the time the department electronically transmits the notice via the feepayers secure web portal, without extension of time for any reason.SEC. 97. Section 46203 of the Revenue and Taxation Code is amended to read:46203. Except in the case of fraud, intent to evade this part or regulations adopted pursuant thereto, or failure to make a return, every notice of deficiency determination shall be served within three years after the 25th day of the month following the period for which the return was due or within three years after the return was filed, whichever period expires later. In the case of failure to make a return, the notice of determination shall be served within eight years after the date the return was due.SEC. 98. Section 46204 of the Revenue and Taxation Code is amended to read:46204. In the case of a deficiency arising under this part during the lifetime of a decedent, a notice of deficiency determination shall be served within four months after written request therefor, in the form required by the department, by the fiduciary of the estate or trust or by any other person liable for the fee or any portion thereof.SEC. 99. Section 46205 of the Revenue and Taxation Code is amended to read:46205. If before the expiration of the time prescribed in Section 46203 for serving a notice of deficiency determination the feepayer has consented in writing to service of the notice after that time, the notice may be served at any time prior to the expiration of the period agreed upon. The period so agreed upon may be extended by subsequent agreements in writing made before the expiration of the period previously agreed upon.SEC. 100. Section 46255 of the Revenue and Taxation Code is amended to read:46255. Promptly after making its determination, the department shall give to the person written notice of the estimate, determination, and penalty, the notice to be served in the manner prescribed for service of notice of a deficiency determination.SEC. 101. Section 46302 of the Revenue and Taxation Code is amended to read:46302. The feepayer against whom a jeopardy determination is made may file a petition for the redetermination thereof, pursuant to Article 5 (commencing with Section 46351), with the department within 10 days after the service upon the feepayer of notice of the determination, but they shall, within the 10-day period, deposit with the department such security as it determines to be necessary to ensure compliance with this part. The security may be sold by the department at public sale if it becomes necessary in order to recover any amount due under this part. Notice of the sale may be served upon the person who deposited the security in the same manner as prescribed for service of notice by Section 46202. Upon any such sale, the surplus, if any, above the amount due under this part shall be returned to the person who deposited the security.SEC. 102. Section 46357 of the Revenue and Taxation Code is amended to read:46357. Any notice required by this article shall be served in the same manner as prescribed for service of notice by Section 46202.SEC. 103. Section 46544 of the Revenue and Taxation Code is amended to read:46544. (a) Notwithstanding any other provision of this part, if the department finds that neither the person liable for payment of fees nor any party related to that person has in any way caused an erroneous refund for which an action for recovery is provided under Section 46541, no interest shall be imposed on the amount of that erroneous refund until 30 days after the date on which the department serves a notice of determination for repayment of the erroneous refund to the person. The act of filing a claim for refund shall not be considered as causing the erroneous refund.(b) This section shall be operative for any action for recovery under Section 46541 on or after January 1, 2000.SEC. 104. Section 50106 of the Revenue and Taxation Code is amended to read:50106. Board or department means the California Department of Tax and Fee Administration.SEC. 105. Section 50113 of the Revenue and Taxation Code is amended to read:50113. (a) If the department is dissatisfied with the report filed or the amount of fee paid to the department under this part by any fee payer, or if no report has been filed or no payment or payments of the fees have been made to the state by a fee payer, the department may compute and determine the amount to be paid, based upon any information available to it. One or more additional determinations may be made of the amount of fee due for one, or for more than one, period. The amount of fee so determined shall bear interest at the modified rate per month, or fraction thereof, established pursuant to Section 6591.5, from the date the amount of the fee, or any portion thereof, became due and payable until the date of payment. In making a determination, the department may offset overpayments for a period or periods against underpayments for another period or periods and against the interest and penalties on the underpayments.(b) If any part of the deficiency for which a determination of an additional amount due is made is found to have been occasioned by negligence or intentional disregard of this part or regulations adopted by the department pursuant to this part, a penalty of 10 percent of the amount of that determination shall be added, plus interest as provided in subdivision (a).(c) If any part of the deficiency for which a determination of an additional amount due is made is found to be occasioned by fraud or an intent to evade this part or regulations adopted pursuant to this part, a penalty of 25 percent of the amount of the determination shall be added, plus interest as provided in subdivision (a).(d) The department shall give to the fee payer written notice of its determination. The notice shall be served in one of the following manners:(1) By placing the notice in a sealed envelope, with postage paid, addressed to the fee payer at the fee payers address as it appears in the records of the department. Service made pursuant to this paragraph shall be deemed complete at the time of the deposit in a United States Post Office, or a mailbox, sub-post office, substation, mail chute, or other facility regularly maintained or provided by the United States Postal Service, without extension of time for any reason.(2) By personally delivering the notice to the person to be served. Service made pursuant to this paragraph shall be deemed complete at the time of delivery. The department may make personal service to a corporation by delivering a notice to any person designated in the Code of Civil Procedure to be served for the corporation with a summons and complaint in a civil action.(3) (A) By delivering the notice electronically via secure transmission when either of the following applies:(i) The feepayer requests the notice of determination to be sent electronically via secure transmission.(ii) The department has evidence that the feepayer no longer receives mail at the address of record and has previously provided an address for electronic mail.(B) Service provided pursuant to subparagraph (A) shall be deemed complete at the time the department electronically transmits the notice via the feepayers secure web portal, without extension of time for any reason.SEC. 106. Section 50113.1 of the Revenue and Taxation Code is amended to read:50113.1. Except in the case of fraud, intent to evade this part, or rules and regulations adopted pursuant to this part, or failure to make a report or return, every notice of a determination of an additional amount due shall be served within three years after the date when the amount was required to have been paid or the report or return was due, or within three years after the report or return was filed, whichever period expires later. In the case of failure to make a report or return, the notice of determination shall be served within eight years after the date the report or return was due.SEC. 107. Section 50113.2 of the Revenue and Taxation Code is amended to read:50113.2. If, before the expiration of the time prescribed in Section 50113.1 for serving a notice of deficiency determination, the fee payer has consented in writing to service of the notice after that time, the notice may be served at any time prior to the expiration of the period agreed upon. The period agreed upon may be extended by subsequent agreements in writing made before the expiration of the period previously agreed upon.SEC. 108. Section 50120 of the Revenue and Taxation Code is amended to read:50120. Any notice required by this article shall be served in the same manner as prescribed for service of notice by Section 50113.SEC. 109. Section 50120.2 of the Revenue and Taxation Code is amended to read:50120.2. The fee payer against whom a jeopardy determination is made may file a petition for the redetermination thereof, pursuant to Article 3 (commencing with Section 50114), with the department within 10 days after the service upon the fee payer of notice of the determination, and they shall, within the 10-day period, deposit with the department that security which the department determines to be necessary to ensure compliance with this part. The security may be sold by the department at a public sale if it becomes necessary in order to recover any amount due under this part. Notice of the sale may be served upon the person who deposited the security in the same manner as prescribed for service of notice by subdivision (d) of Section 50113. After that sale, the surplus, if any, above the amount due under this part shall be returned to the person who deposited the security.SEC. 110. Section 50150.5 of the Revenue and Taxation Code is amended to read:50150.5. (a) Notwithstanding any other provision of this part, if the department finds that neither the person liable for payment of fees nor any party related to that person has in any way caused an erroneous refund for which an action for recovery is provided under Section 50150, no interest shall be imposed on the amount of that erroneous refund until 30 days after the date on which the department serves a notice of determination for repayment of the erroneous refund to the person. The act of filing a claim for refund shall not be considered as causing the erroneous refund.(b) This section shall be operative for any action for recovery under Section 50150 on or after January 1, 2000.SEC. 111. Section 55061 of the Revenue and Taxation Code is amended to read:55061. (a) If the department is dissatisfied with the return filed or the amount of the fee paid to the state by any feepayer, or if no return has been filed or no payment of the fee has been made to the state by a feepayer, the department may compute and determine the amount to be paid, based upon any information available to it. In addition, where the department is authorized to collect a fee for another state agency, or where the department is authorized to collect a fee under circumstances where the feepayer is not required to file a return, the department may issue a notice of determination or similar billing document for collection of the fee. One or more additional determinations may be made of the amount of the fee due for one, or for more than one period. The amount of the fee so determined shall bear interest at the modified adjusted rate per month, or fraction thereof, established pursuant to Section 6591.5, from the date the amount of the fee, or any portion thereof, became due and payable until the date of payment. In making a determination, the department may offset overpayments for a period or periods against underpayments for another period or periods and against the interest and penalties on the underpayments.(b) If any part of the deficiency for which a determination of an additional amount due is found to have been occasioned by negligence or intentional disregard of this part or authorized regulations, a penalty of 10 percent of the amount of the determination shall be added, plus interest as provided in subdivision (a).(c) If any part of the deficiency for which a determination of an additional amount due is found to be occasioned by fraud or an intent to evade this part or authorized regulations, a penalty of 25 percent of the amount of the determination shall be added, plus interest as provided in subdivision (a).(d) The department shall give to the feepayer written notice of its determination. The notice shall be served in one of the following manners:(1) By placing the notice in a sealed envelope, with postage paid, addressed to the feepayer at their address as it appears in the records of the department. Service made pursuant to this paragraph shall be deemed complete at the time of the deposit of the notice in a United States Post Office, or a mailbox, sub-post office, substation, or mail chute, or other facility regularly maintained or provided by the United States Postal Service without extension of time for any reason.(2) By personally delivering the notice to the person to be served. Service made pursuant to this paragraph shall be deemed complete at the time of delivery. Personal service to a corporation may be made by delivery of a notice to any person designated in the Code of Civil Procedure to be served for the corporation with summons and complaint in a civil action.(3) (A) By delivering the notice electronically via secure transmission when either of the following applies:(i) The feepayer requests the notice of determination to be sent electronically via secure transmission.(ii) The department has evidence that the feepayer no longer receives mail at the address of record and has previously provided an address for electronic mail.(B) Service provided pursuant to subparagraph (A) shall be deemed complete at the time the department electronically transmits the notice via the feepayers secure web portal, without extension of time for any reason.SEC. 112. Section 55062 of the Revenue and Taxation Code is amended to read:55062. Except in the case of fraud, intent to evade this part, authorized rules and regulations, or failure to make a return, every notice of a determination of an additional amount due shall be served within three years after the date when the amount should have been paid or the return was due, or within three years after the return was filed, whichever period expires later. In the case of failure to make a return, the notice of determination shall be served within eight years after the date the return was due.SEC. 113. Section 55063 of the Revenue and Taxation Code is amended to read:55063. In the case of a deficiency arising under this part during the lifetime of a decedent, a notice of deficiency determination shall be served within four months after written request therefor, in the form required by the department, by the fiduciary of the estate or trust or by any other person liable for the fee or any portion thereof.SEC. 114. Section 55064 of the Revenue and Taxation Code is amended to read:55064. If before the expiration of the time prescribed in Section 55062 for serving a notice of deficiency determination the feepayer has consented in writing to service of the notice after that time, the notice may be served at any time prior to the expiration of the period agreed upon. The period so agreed upon may be extended by subsequent agreements in writing made before the expiration of the period previously agreed upon.SEC. 115. Section 55087 of the Revenue and Taxation Code is amended to read:55087. Any notice required by this article shall be served in the same manner as prescribed for service of notice by subdivision (d) of Section 55061.SEC. 116. Section 55102 of the Revenue and Taxation Code is amended to read:55102. The feepayer against whom a jeopardy determination is made may file a petition for redetermination thereof, pursuant to Article 3 (commencing with Section 55081), with the department within 10 days after the service upon the feepayer of notice of the determination, but they shall, within the 10-day period, deposit with the department any security that it deems necessary to ensure compliance with the provisions of this part. The security may be sold by the department at public sale if it becomes necessary to do so in order to recover any amount due under this part. Notice of the sale may be served upon the person who deposited the security in the same manner as prescribed for service of notice by Section 55061. Upon any such sale, the surplus, if any, above the amount due under this part shall be returned to the person who deposited the security.SEC. 117. Section 55262.5 of the Revenue and Taxation Code is amended to read:55262.5. (a) Notwithstanding any other provision of this part, if the department finds that neither the person liable for payment of fees nor any party related to that person has in any way caused an erroneous refund for which an action for recovery is provided under Section 55261, no interest shall be imposed on the amount of that erroneous refund until 30 days after the date on which the department serves a notice of determination for repayment of the erroneous refund to the person. The act of filing a claim for refund shall not be considered as causing the erroneous refund.(b) This section shall be operative for any action for recovery under Section 55261 on or after January 1, 2000.SEC. 118. Section 60014 is added to the Revenue and Taxation Code, to read:60014. Board or department means the California Department of Tax and Fee Administration.SEC. 119. Section 60311 of the Revenue and Taxation Code is amended to read:60311. The department shall give the person written notice of its determination. The notice shall be served in one of the following manners:(a) By placing the notice in a sealed envelope, with postage paid, addressed to the person at that persons address as it appears in the records of the department. Service made pursuant to this subdivision shall be deemed complete at the time of the deposit of the notice in the United States Post Office, or a mailbox, sub-post office, substation, or mail chute, or other facility maintained or provided by the United States Postal Service, without extension of time for any reason.(b) By personally delivering the notice to the person to be served. Service made pursuant to this subdivision shall be deemed complete at the time of that delivery. Personal service to a corporation may be made by delivery of a notice to any person designated in the Code of Civil Procedure to be served for the corporation with summons and complaint in a civil action.(c) (1) By delivering the notice electronically via secure transmission when either of the following applies:(A) The taxpayer requests the notice of determination to be sent electronically via secure transmission.(B) The department has evidence that the taxpayer no longer receives mail at the address of record and has previously provided an address for electronic mail.(2) Service provided pursuant to paragraph (1) shall be deemed complete at the time the department electronically transmits the notice via the taxpayers secure web portal, without extension of time for any reason.SEC. 120. Section 60315 of the Revenue and Taxation Code is amended to read:60315. Except in the case of fraud, intent to evade this part or authorized rules and regulations, or failure to make a return, every notice of a deficiency determination shall be served to the person within three years after the last day of the calendar month following the reporting period for which the amount is proposed to be determined or within three years after the return is filed, whichever period expires later. In the case of a failure to make a return, the notice of determination shall be served within eight years after the date the return was due.SEC. 121. Section 60316 of the Revenue and Taxation Code is amended to read:60316. In the case of a deficiency arising under this part during the lifetime of a decedent, a notice of deficiency determination shall be served within four months after written request therefor, in the form required by the department, by the fiduciary of the estate or trust or by any other person liable for the tax or any portion thereof.SEC. 122. Section 60317 of the Revenue and Taxation Code is amended to read:60317. If before the expiration of the time prescribed in Section 60315 for serving a notice of deficiency determination the taxpayer has consented in writing to service of the notice after that time, the notice may be served at any time prior to the expiration of the period agreed upon. The period so agreed upon may be extended by subsequent agreements in writing made before the expiration of the period previously agreed upon.SEC. 123. Section 60340 of the Revenue and Taxation Code is amended to read:60340. Any notice required by this article may be served in the manner prescribed for service of notice of a deficiency determination.SEC. 124. Section 60564 of the Revenue and Taxation Code is amended to read:60564. (a) Notwithstanding any other provision of this part, if the department finds that neither the person liable for payment of tax nor any party related to that person has in any way caused an erroneous refund for which an action for recovery is provided under Section 60561, no interest shall be imposed on the amount of that erroneous refund until 30 days after the date on which the department serves a notice of determination for repayment of the erroneous refund to the person. The act of filing a claim for refund shall not be considered as causing the erroneous refund.(b) This section shall be operative for any action for recovery under Section 60561 on or after January 1, 2000. |
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| 52 | 64 | | |
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| 53 | 65 | | The people of the State of California do enact as follows: |
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| 54 | 66 | | |
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| 55 | 67 | | ## The people of the State of California do enact as follows: |
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| 56 | 68 | | |
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| 57 | 69 | | SECTION 1. Section 6471.6 is added to the Revenue and Taxation Code, to read:6471.6. The department, in its discretion, may relieve any person from the requirement to make prepayments pursuant to Section 6471 if both of the following apply:(a) The person is a dealer required to pay any sales or use tax, as applicable, to the Department of Motor Vehicles pursuant to Section 6295.(b) During the prior calendar year, more than 75 percent of the gross receipts of that person are from retail sales of motor vehicles required to be registered under the Vehicle Code, except for a recreational vehicle that is either truck-mounted, permanently towable on the highways without a permit, or a park trailer, as those terms are defined in Section 18010 of the Health and Safety Code. |
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| 58 | 70 | | |
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| 59 | 71 | | SECTION 1. Section 6471.6 is added to the Revenue and Taxation Code, to read: |
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| 60 | 72 | | |
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| 61 | 73 | | ### SECTION 1. |
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| 62 | 74 | | |
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| 63 | 75 | | 6471.6. The department, in its discretion, may relieve any person from the requirement to make prepayments pursuant to Section 6471 if both of the following apply:(a) The person is a dealer required to pay any sales or use tax, as applicable, to the Department of Motor Vehicles pursuant to Section 6295.(b) During the prior calendar year, more than 75 percent of the gross receipts of that person are from retail sales of motor vehicles required to be registered under the Vehicle Code, except for a recreational vehicle that is either truck-mounted, permanently towable on the highways without a permit, or a park trailer, as those terms are defined in Section 18010 of the Health and Safety Code. |
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| 64 | 76 | | |
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| 65 | 77 | | 6471.6. The department, in its discretion, may relieve any person from the requirement to make prepayments pursuant to Section 6471 if both of the following apply:(a) The person is a dealer required to pay any sales or use tax, as applicable, to the Department of Motor Vehicles pursuant to Section 6295.(b) During the prior calendar year, more than 75 percent of the gross receipts of that person are from retail sales of motor vehicles required to be registered under the Vehicle Code, except for a recreational vehicle that is either truck-mounted, permanently towable on the highways without a permit, or a park trailer, as those terms are defined in Section 18010 of the Health and Safety Code. |
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| 66 | 78 | | |
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| 67 | 79 | | 6471.6. The department, in its discretion, may relieve any person from the requirement to make prepayments pursuant to Section 6471 if both of the following apply:(a) The person is a dealer required to pay any sales or use tax, as applicable, to the Department of Motor Vehicles pursuant to Section 6295.(b) During the prior calendar year, more than 75 percent of the gross receipts of that person are from retail sales of motor vehicles required to be registered under the Vehicle Code, except for a recreational vehicle that is either truck-mounted, permanently towable on the highways without a permit, or a park trailer, as those terms are defined in Section 18010 of the Health and Safety Code. |
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| 68 | 80 | | |
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| 69 | 81 | | |
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| 70 | 82 | | |
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| 71 | 83 | | 6471.6. The department, in its discretion, may relieve any person from the requirement to make prepayments pursuant to Section 6471 if both of the following apply: |
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| 72 | 84 | | |
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| 73 | 85 | | (a) The person is a dealer required to pay any sales or use tax, as applicable, to the Department of Motor Vehicles pursuant to Section 6295. |
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| 74 | 86 | | |
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| 75 | 87 | | (b) During the prior calendar year, more than 75 percent of the gross receipts of that person are from retail sales of motor vehicles required to be registered under the Vehicle Code, except for a recreational vehicle that is either truck-mounted, permanently towable on the highways without a permit, or a park trailer, as those terms are defined in Section 18010 of the Health and Safety Code. |
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| 76 | 88 | | |
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| 77 | 89 | | SEC. 2. Section 6486 of the Revenue and Taxation Code is amended to read:6486. The department shall give to the retailer or person storing, using, or consuming tangible personal property written notice of its determination. The notice shall be served in one of the following manners:(a) By placing the notice in a sealed envelope, with postage paid, addressed to the retailer or person storing, using, or consuming tangible personal property at their address as it appears in the records of the department. Service made pursuant to this subdivision shall be deemed complete at the time of the deposit of the notice in the United States Post Office, or a mailbox, sub-post office, substation, or mail chute, or other facility regularly maintained or provided by the United States Postal Service, without extension of time for any reason.(b) By personally delivering the notice to the person to be served. Service made pursuant to this subdivision is complete at the time of delivery. Personal service to a corporation may be made by delivery of a notice to any person designated in the Code of Civil Procedure to be served for the corporation with summons and complaint in a civil action.(c) (1) By delivering the notice electronically via secure transmission when either of the following applies:(A) The taxpayer requests the notice of determination to be sent electronically via secure transmission.(B) The department has evidence that the taxpayer no longer receives mail at the address of record and has previously provided an address for electronic mail.(2) Service provided pursuant to paragraph (1) shall be deemed complete at the time the department electronically transmits the notice via the taxpayers secure web portal, without extension of time for any reason. |
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| 78 | 90 | | |
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| 79 | 91 | | SEC. 2. Section 6486 of the Revenue and Taxation Code is amended to read: |
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| 80 | 92 | | |
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| 81 | 93 | | ### SEC. 2. |
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| 82 | 94 | | |
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| 83 | 95 | | 6486. The department shall give to the retailer or person storing, using, or consuming tangible personal property written notice of its determination. The notice shall be served in one of the following manners:(a) By placing the notice in a sealed envelope, with postage paid, addressed to the retailer or person storing, using, or consuming tangible personal property at their address as it appears in the records of the department. Service made pursuant to this subdivision shall be deemed complete at the time of the deposit of the notice in the United States Post Office, or a mailbox, sub-post office, substation, or mail chute, or other facility regularly maintained or provided by the United States Postal Service, without extension of time for any reason.(b) By personally delivering the notice to the person to be served. Service made pursuant to this subdivision is complete at the time of delivery. Personal service to a corporation may be made by delivery of a notice to any person designated in the Code of Civil Procedure to be served for the corporation with summons and complaint in a civil action.(c) (1) By delivering the notice electronically via secure transmission when either of the following applies:(A) The taxpayer requests the notice of determination to be sent electronically via secure transmission.(B) The department has evidence that the taxpayer no longer receives mail at the address of record and has previously provided an address for electronic mail.(2) Service provided pursuant to paragraph (1) shall be deemed complete at the time the department electronically transmits the notice via the taxpayers secure web portal, without extension of time for any reason. |
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| 84 | 96 | | |
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| 85 | 97 | | 6486. The department shall give to the retailer or person storing, using, or consuming tangible personal property written notice of its determination. The notice shall be served in one of the following manners:(a) By placing the notice in a sealed envelope, with postage paid, addressed to the retailer or person storing, using, or consuming tangible personal property at their address as it appears in the records of the department. Service made pursuant to this subdivision shall be deemed complete at the time of the deposit of the notice in the United States Post Office, or a mailbox, sub-post office, substation, or mail chute, or other facility regularly maintained or provided by the United States Postal Service, without extension of time for any reason.(b) By personally delivering the notice to the person to be served. Service made pursuant to this subdivision is complete at the time of delivery. Personal service to a corporation may be made by delivery of a notice to any person designated in the Code of Civil Procedure to be served for the corporation with summons and complaint in a civil action.(c) (1) By delivering the notice electronically via secure transmission when either of the following applies:(A) The taxpayer requests the notice of determination to be sent electronically via secure transmission.(B) The department has evidence that the taxpayer no longer receives mail at the address of record and has previously provided an address for electronic mail.(2) Service provided pursuant to paragraph (1) shall be deemed complete at the time the department electronically transmits the notice via the taxpayers secure web portal, without extension of time for any reason. |
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| 86 | 98 | | |
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| 87 | 99 | | 6486. The department shall give to the retailer or person storing, using, or consuming tangible personal property written notice of its determination. The notice shall be served in one of the following manners:(a) By placing the notice in a sealed envelope, with postage paid, addressed to the retailer or person storing, using, or consuming tangible personal property at their address as it appears in the records of the department. Service made pursuant to this subdivision shall be deemed complete at the time of the deposit of the notice in the United States Post Office, or a mailbox, sub-post office, substation, or mail chute, or other facility regularly maintained or provided by the United States Postal Service, without extension of time for any reason.(b) By personally delivering the notice to the person to be served. Service made pursuant to this subdivision is complete at the time of delivery. Personal service to a corporation may be made by delivery of a notice to any person designated in the Code of Civil Procedure to be served for the corporation with summons and complaint in a civil action.(c) (1) By delivering the notice electronically via secure transmission when either of the following applies:(A) The taxpayer requests the notice of determination to be sent electronically via secure transmission.(B) The department has evidence that the taxpayer no longer receives mail at the address of record and has previously provided an address for electronic mail.(2) Service provided pursuant to paragraph (1) shall be deemed complete at the time the department electronically transmits the notice via the taxpayers secure web portal, without extension of time for any reason. |
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| 88 | 100 | | |
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| 89 | 101 | | |
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| 90 | 102 | | |
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| 91 | 103 | | 6486. The department shall give to the retailer or person storing, using, or consuming tangible personal property written notice of its determination. The notice shall be served in one of the following manners: |
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| 92 | 104 | | |
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| 93 | 105 | | (a) By placing the notice in a sealed envelope, with postage paid, addressed to the retailer or person storing, using, or consuming tangible personal property at their address as it appears in the records of the department. Service made pursuant to this subdivision shall be deemed complete at the time of the deposit of the notice in the United States Post Office, or a mailbox, sub-post office, substation, or mail chute, or other facility regularly maintained or provided by the United States Postal Service, without extension of time for any reason. |
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| 94 | 106 | | |
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| 95 | 107 | | (b) By personally delivering the notice to the person to be served. Service made pursuant to this subdivision is complete at the time of delivery. Personal service to a corporation may be made by delivery of a notice to any person designated in the Code of Civil Procedure to be served for the corporation with summons and complaint in a civil action. |
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| 96 | 108 | | |
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| 97 | 109 | | (c) (1) By delivering the notice electronically via secure transmission when either of the following applies: |
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| 98 | 110 | | |
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| 99 | 111 | | (A) The taxpayer requests the notice of determination to be sent electronically via secure transmission. |
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| 100 | 112 | | |
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| 101 | 113 | | (B) The department has evidence that the taxpayer no longer receives mail at the address of record and has previously provided an address for electronic mail. |
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| 102 | 114 | | |
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| 103 | 115 | | (2) Service provided pursuant to paragraph (1) shall be deemed complete at the time the department electronically transmits the notice via the taxpayers secure web portal, without extension of time for any reason. |
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| 104 | 116 | | |
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| 105 | 117 | | SEC. 3. Section 6487 of the Revenue and Taxation Code is amended to read:6487. (a) For taxpayers filing returns, other than a return filed pursuant to Section 6452.1, on other than an annual basis, except in the case of fraud, intent to evade this part or authorized rules and regulations, or failure to make a return, every notice of a deficiency determination shall be served within three years after the last day of the calendar month following the quarterly period for which the amount is proposed to be determined or within three years after the return is filed, whichever period expires the later. In the case of failure to make a return, every notice of determination shall be served within eight years after the last day of the calendar month following the quarterly period for which the amount is proposed to be determined.(b) For taxpayers filing returns on an annual basis, except in the case of fraud, intent to evade this part or authorized rules and regulations, or failure to make a return, every notice of a deficiency determination shall be served within three years after the last day of the calendar month following the one-year period for which the amount is proposed to be determined or within three years after the return is filed, whichever period expires the later. In the case of failure to make a return, every notice of determination shall be served within eight years after the last day of the calendar month following the one-year period for which the amount is proposed to be determined.(c) The limitation specified in this section does not apply in case of a sales tax proposed to be determined with respect to sales of property for the storage, use, or other consumption of which notice of a deficiency determination has been or is served pursuant to subdivision (a) or (b) or pursuant to Section 6486, 6515, or 6536. The limitation specified in this section does not apply in case of an amount of use tax proposed to be determined with respect to storage, use, or other consumption of property for the sale of which notice of a deficiency determination has been or is served pursuant to subdivision (a) or (b) or pursuant to Section 6486, 6515, or 6536. |
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| 106 | 118 | | |
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| 107 | 119 | | SEC. 3. Section 6487 of the Revenue and Taxation Code is amended to read: |
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| 108 | 120 | | |
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| 109 | 121 | | ### SEC. 3. |
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| 110 | 122 | | |
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| 111 | 123 | | 6487. (a) For taxpayers filing returns, other than a return filed pursuant to Section 6452.1, on other than an annual basis, except in the case of fraud, intent to evade this part or authorized rules and regulations, or failure to make a return, every notice of a deficiency determination shall be served within three years after the last day of the calendar month following the quarterly period for which the amount is proposed to be determined or within three years after the return is filed, whichever period expires the later. In the case of failure to make a return, every notice of determination shall be served within eight years after the last day of the calendar month following the quarterly period for which the amount is proposed to be determined.(b) For taxpayers filing returns on an annual basis, except in the case of fraud, intent to evade this part or authorized rules and regulations, or failure to make a return, every notice of a deficiency determination shall be served within three years after the last day of the calendar month following the one-year period for which the amount is proposed to be determined or within three years after the return is filed, whichever period expires the later. In the case of failure to make a return, every notice of determination shall be served within eight years after the last day of the calendar month following the one-year period for which the amount is proposed to be determined.(c) The limitation specified in this section does not apply in case of a sales tax proposed to be determined with respect to sales of property for the storage, use, or other consumption of which notice of a deficiency determination has been or is served pursuant to subdivision (a) or (b) or pursuant to Section 6486, 6515, or 6536. The limitation specified in this section does not apply in case of an amount of use tax proposed to be determined with respect to storage, use, or other consumption of property for the sale of which notice of a deficiency determination has been or is served pursuant to subdivision (a) or (b) or pursuant to Section 6486, 6515, or 6536. |
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| 112 | 124 | | |
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| 113 | 125 | | 6487. (a) For taxpayers filing returns, other than a return filed pursuant to Section 6452.1, on other than an annual basis, except in the case of fraud, intent to evade this part or authorized rules and regulations, or failure to make a return, every notice of a deficiency determination shall be served within three years after the last day of the calendar month following the quarterly period for which the amount is proposed to be determined or within three years after the return is filed, whichever period expires the later. In the case of failure to make a return, every notice of determination shall be served within eight years after the last day of the calendar month following the quarterly period for which the amount is proposed to be determined.(b) For taxpayers filing returns on an annual basis, except in the case of fraud, intent to evade this part or authorized rules and regulations, or failure to make a return, every notice of a deficiency determination shall be served within three years after the last day of the calendar month following the one-year period for which the amount is proposed to be determined or within three years after the return is filed, whichever period expires the later. In the case of failure to make a return, every notice of determination shall be served within eight years after the last day of the calendar month following the one-year period for which the amount is proposed to be determined.(c) The limitation specified in this section does not apply in case of a sales tax proposed to be determined with respect to sales of property for the storage, use, or other consumption of which notice of a deficiency determination has been or is served pursuant to subdivision (a) or (b) or pursuant to Section 6486, 6515, or 6536. The limitation specified in this section does not apply in case of an amount of use tax proposed to be determined with respect to storage, use, or other consumption of property for the sale of which notice of a deficiency determination has been or is served pursuant to subdivision (a) or (b) or pursuant to Section 6486, 6515, or 6536. |
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| 114 | 126 | | |
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| 115 | 127 | | 6487. (a) For taxpayers filing returns, other than a return filed pursuant to Section 6452.1, on other than an annual basis, except in the case of fraud, intent to evade this part or authorized rules and regulations, or failure to make a return, every notice of a deficiency determination shall be served within three years after the last day of the calendar month following the quarterly period for which the amount is proposed to be determined or within three years after the return is filed, whichever period expires the later. In the case of failure to make a return, every notice of determination shall be served within eight years after the last day of the calendar month following the quarterly period for which the amount is proposed to be determined.(b) For taxpayers filing returns on an annual basis, except in the case of fraud, intent to evade this part or authorized rules and regulations, or failure to make a return, every notice of a deficiency determination shall be served within three years after the last day of the calendar month following the one-year period for which the amount is proposed to be determined or within three years after the return is filed, whichever period expires the later. In the case of failure to make a return, every notice of determination shall be served within eight years after the last day of the calendar month following the one-year period for which the amount is proposed to be determined.(c) The limitation specified in this section does not apply in case of a sales tax proposed to be determined with respect to sales of property for the storage, use, or other consumption of which notice of a deficiency determination has been or is served pursuant to subdivision (a) or (b) or pursuant to Section 6486, 6515, or 6536. The limitation specified in this section does not apply in case of an amount of use tax proposed to be determined with respect to storage, use, or other consumption of property for the sale of which notice of a deficiency determination has been or is served pursuant to subdivision (a) or (b) or pursuant to Section 6486, 6515, or 6536. |
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| 116 | 128 | | |
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| 117 | 129 | | |
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| 118 | 130 | | |
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| 119 | 131 | | 6487. (a) For taxpayers filing returns, other than a return filed pursuant to Section 6452.1, on other than an annual basis, except in the case of fraud, intent to evade this part or authorized rules and regulations, or failure to make a return, every notice of a deficiency determination shall be served within three years after the last day of the calendar month following the quarterly period for which the amount is proposed to be determined or within three years after the return is filed, whichever period expires the later. In the case of failure to make a return, every notice of determination shall be served within eight years after the last day of the calendar month following the quarterly period for which the amount is proposed to be determined. |
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| 120 | 132 | | |
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| 121 | 133 | | (b) For taxpayers filing returns on an annual basis, except in the case of fraud, intent to evade this part or authorized rules and regulations, or failure to make a return, every notice of a deficiency determination shall be served within three years after the last day of the calendar month following the one-year period for which the amount is proposed to be determined or within three years after the return is filed, whichever period expires the later. In the case of failure to make a return, every notice of determination shall be served within eight years after the last day of the calendar month following the one-year period for which the amount is proposed to be determined. |
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| 122 | 134 | | |
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| 123 | 135 | | (c) The limitation specified in this section does not apply in case of a sales tax proposed to be determined with respect to sales of property for the storage, use, or other consumption of which notice of a deficiency determination has been or is served pursuant to subdivision (a) or (b) or pursuant to Section 6486, 6515, or 6536. The limitation specified in this section does not apply in case of an amount of use tax proposed to be determined with respect to storage, use, or other consumption of property for the sale of which notice of a deficiency determination has been or is served pursuant to subdivision (a) or (b) or pursuant to Section 6486, 6515, or 6536. |
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| 124 | 136 | | |
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| 125 | 137 | | SEC. 4. Section 6487.05 of the Revenue and Taxation Code is amended to read:6487.05. (a) Notwithstanding Section 6487, the period during which a deficiency determination may be served to a qualifying retailer is limited to three years after the last day of the calendar month following the quarterly period for which the amount is proposed to be determined. For purposes of this section, a qualifying retailer is a retailer that meets all of the following conditions:(1) The retailer is located outside this state, and has not previously registered with the department.(2) The retailer is engaged in business in this state, as defined in Section 6203.(3) The retailer voluntarily registers with the department.(4) The retailer has not been previously contacted by the department or its agents regarding the provisions of Section 6203.(5) As determined by the department, the retailers failure to file a return or failure to report or pay the tax or amount due required by law was due to reasonable cause and was not a result of negligence or intentional disregard of the law, or because of fraud or an intent to evade the provisions of this part.(b) If the department or its designee finds that the retailers failure to make a timely return or payment is due to reasonable cause and circumstances beyond the retailers control, and occurred notwithstanding the exercise of ordinary care and the absence of willful neglect, the retailer shall be relieved of the penalties imposed pursuant to this part. Any retailer seeking relief of penalty shall file a statement under penalty of perjury setting forth the facts upon which they base their claim for relief. |
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| 126 | 138 | | |
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| 127 | 139 | | SEC. 4. Section 6487.05 of the Revenue and Taxation Code is amended to read: |
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| 128 | 140 | | |
|---|
| 129 | 141 | | ### SEC. 4. |
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| 130 | 142 | | |
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| 131 | 143 | | 6487.05. (a) Notwithstanding Section 6487, the period during which a deficiency determination may be served to a qualifying retailer is limited to three years after the last day of the calendar month following the quarterly period for which the amount is proposed to be determined. For purposes of this section, a qualifying retailer is a retailer that meets all of the following conditions:(1) The retailer is located outside this state, and has not previously registered with the department.(2) The retailer is engaged in business in this state, as defined in Section 6203.(3) The retailer voluntarily registers with the department.(4) The retailer has not been previously contacted by the department or its agents regarding the provisions of Section 6203.(5) As determined by the department, the retailers failure to file a return or failure to report or pay the tax or amount due required by law was due to reasonable cause and was not a result of negligence or intentional disregard of the law, or because of fraud or an intent to evade the provisions of this part.(b) If the department or its designee finds that the retailers failure to make a timely return or payment is due to reasonable cause and circumstances beyond the retailers control, and occurred notwithstanding the exercise of ordinary care and the absence of willful neglect, the retailer shall be relieved of the penalties imposed pursuant to this part. Any retailer seeking relief of penalty shall file a statement under penalty of perjury setting forth the facts upon which they base their claim for relief. |
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| 132 | 144 | | |
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| 133 | 145 | | 6487.05. (a) Notwithstanding Section 6487, the period during which a deficiency determination may be served to a qualifying retailer is limited to three years after the last day of the calendar month following the quarterly period for which the amount is proposed to be determined. For purposes of this section, a qualifying retailer is a retailer that meets all of the following conditions:(1) The retailer is located outside this state, and has not previously registered with the department.(2) The retailer is engaged in business in this state, as defined in Section 6203.(3) The retailer voluntarily registers with the department.(4) The retailer has not been previously contacted by the department or its agents regarding the provisions of Section 6203.(5) As determined by the department, the retailers failure to file a return or failure to report or pay the tax or amount due required by law was due to reasonable cause and was not a result of negligence or intentional disregard of the law, or because of fraud or an intent to evade the provisions of this part.(b) If the department or its designee finds that the retailers failure to make a timely return or payment is due to reasonable cause and circumstances beyond the retailers control, and occurred notwithstanding the exercise of ordinary care and the absence of willful neglect, the retailer shall be relieved of the penalties imposed pursuant to this part. Any retailer seeking relief of penalty shall file a statement under penalty of perjury setting forth the facts upon which they base their claim for relief. |
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| 134 | 146 | | |
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| 135 | 147 | | 6487.05. (a) Notwithstanding Section 6487, the period during which a deficiency determination may be served to a qualifying retailer is limited to three years after the last day of the calendar month following the quarterly period for which the amount is proposed to be determined. For purposes of this section, a qualifying retailer is a retailer that meets all of the following conditions:(1) The retailer is located outside this state, and has not previously registered with the department.(2) The retailer is engaged in business in this state, as defined in Section 6203.(3) The retailer voluntarily registers with the department.(4) The retailer has not been previously contacted by the department or its agents regarding the provisions of Section 6203.(5) As determined by the department, the retailers failure to file a return or failure to report or pay the tax or amount due required by law was due to reasonable cause and was not a result of negligence or intentional disregard of the law, or because of fraud or an intent to evade the provisions of this part.(b) If the department or its designee finds that the retailers failure to make a timely return or payment is due to reasonable cause and circumstances beyond the retailers control, and occurred notwithstanding the exercise of ordinary care and the absence of willful neglect, the retailer shall be relieved of the penalties imposed pursuant to this part. Any retailer seeking relief of penalty shall file a statement under penalty of perjury setting forth the facts upon which they base their claim for relief. |
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| 136 | 148 | | |
|---|
| 137 | 149 | | |
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| 138 | 150 | | |
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| 139 | 151 | | 6487.05. (a) Notwithstanding Section 6487, the period during which a deficiency determination may be served to a qualifying retailer is limited to three years after the last day of the calendar month following the quarterly period for which the amount is proposed to be determined. For purposes of this section, a qualifying retailer is a retailer that meets all of the following conditions: |
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| 140 | 152 | | |
|---|
| 141 | 153 | | (1) The retailer is located outside this state, and has not previously registered with the department. |
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| 142 | 154 | | |
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| 143 | 155 | | (2) The retailer is engaged in business in this state, as defined in Section 6203. |
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| 144 | 156 | | |
|---|
| 145 | 157 | | (3) The retailer voluntarily registers with the department. |
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| 146 | 158 | | |
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| 147 | 159 | | (4) The retailer has not been previously contacted by the department or its agents regarding the provisions of Section 6203. |
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| 148 | 160 | | |
|---|
| 149 | 161 | | (5) As determined by the department, the retailers failure to file a return or failure to report or pay the tax or amount due required by law was due to reasonable cause and was not a result of negligence or intentional disregard of the law, or because of fraud or an intent to evade the provisions of this part. |
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| 150 | 162 | | |
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| 151 | 163 | | (b) If the department or its designee finds that the retailers failure to make a timely return or payment is due to reasonable cause and circumstances beyond the retailers control, and occurred notwithstanding the exercise of ordinary care and the absence of willful neglect, the retailer shall be relieved of the penalties imposed pursuant to this part. Any retailer seeking relief of penalty shall file a statement under penalty of perjury setting forth the facts upon which they base their claim for relief. |
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| 152 | 164 | | |
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| 153 | 165 | | SEC. 5. Section 6487.06 of the Revenue and Taxation Code is amended to read:6487.06. (a) Notwithstanding Section 6487, the period during which a deficiency determination may be served to a qualifying purchaser is limited to three years after the last day of the calendar month following the quarterly period for which the amount is proposed to be determined.(b) For purposes of this section, a qualifying purchaser is a person that voluntarily files an individual use tax return for tangible personal property that is purchased from a retailer outside of this state for storage, use, or other consumption in this state, and that meets all of the following conditions:(1) The purchaser resides or is located within this state and has not previously done any of the following:(A) Registered with the department.(B) Filed an individual use tax return with the department.(C) Reported an amount on their individual California income tax return.(2) The purchaser is not engaged in business in this state as a retailer, as defined in Section 6015.(3) The purchaser has not been contacted by the department regarding failure to report the use tax imposed by Section 6202.(4) The department has made a determination that the purchasers failure to file an individual use tax return or to otherwise report or pay the use tax imposed by Section 6202 was due to reasonable cause and was not caused by reason of negligence, intentional disregard of the law, or by an intent to evade the taxes imposed by this part.(c) If the department makes a determination that the purchasers failure to timely report or remit the taxes imposed by this part is due to reasonable cause or due to circumstances beyond the purchasers control, the purchaser may be relieved of any penalties imposed by this part. Any purchaser seeking relief from penalties imposed by this part shall file a statement, signed under penalty of perjury, setting forth the facts that form the basis for the claim for relief.(d) This section shall not apply to purchases of vehicles, vessels, or aircraft as defined in Article 1 (commencing with Section 6271) of Chapter 3.5. |
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| 154 | 166 | | |
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| 155 | 167 | | SEC. 5. Section 6487.06 of the Revenue and Taxation Code is amended to read: |
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| 156 | 168 | | |
|---|
| 157 | 169 | | ### SEC. 5. |
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| 158 | 170 | | |
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| 159 | 171 | | 6487.06. (a) Notwithstanding Section 6487, the period during which a deficiency determination may be served to a qualifying purchaser is limited to three years after the last day of the calendar month following the quarterly period for which the amount is proposed to be determined.(b) For purposes of this section, a qualifying purchaser is a person that voluntarily files an individual use tax return for tangible personal property that is purchased from a retailer outside of this state for storage, use, or other consumption in this state, and that meets all of the following conditions:(1) The purchaser resides or is located within this state and has not previously done any of the following:(A) Registered with the department.(B) Filed an individual use tax return with the department.(C) Reported an amount on their individual California income tax return.(2) The purchaser is not engaged in business in this state as a retailer, as defined in Section 6015.(3) The purchaser has not been contacted by the department regarding failure to report the use tax imposed by Section 6202.(4) The department has made a determination that the purchasers failure to file an individual use tax return or to otherwise report or pay the use tax imposed by Section 6202 was due to reasonable cause and was not caused by reason of negligence, intentional disregard of the law, or by an intent to evade the taxes imposed by this part.(c) If the department makes a determination that the purchasers failure to timely report or remit the taxes imposed by this part is due to reasonable cause or due to circumstances beyond the purchasers control, the purchaser may be relieved of any penalties imposed by this part. Any purchaser seeking relief from penalties imposed by this part shall file a statement, signed under penalty of perjury, setting forth the facts that form the basis for the claim for relief.(d) This section shall not apply to purchases of vehicles, vessels, or aircraft as defined in Article 1 (commencing with Section 6271) of Chapter 3.5. |
|---|
| 160 | 172 | | |
|---|
| 161 | 173 | | 6487.06. (a) Notwithstanding Section 6487, the period during which a deficiency determination may be served to a qualifying purchaser is limited to three years after the last day of the calendar month following the quarterly period for which the amount is proposed to be determined.(b) For purposes of this section, a qualifying purchaser is a person that voluntarily files an individual use tax return for tangible personal property that is purchased from a retailer outside of this state for storage, use, or other consumption in this state, and that meets all of the following conditions:(1) The purchaser resides or is located within this state and has not previously done any of the following:(A) Registered with the department.(B) Filed an individual use tax return with the department.(C) Reported an amount on their individual California income tax return.(2) The purchaser is not engaged in business in this state as a retailer, as defined in Section 6015.(3) The purchaser has not been contacted by the department regarding failure to report the use tax imposed by Section 6202.(4) The department has made a determination that the purchasers failure to file an individual use tax return or to otherwise report or pay the use tax imposed by Section 6202 was due to reasonable cause and was not caused by reason of negligence, intentional disregard of the law, or by an intent to evade the taxes imposed by this part.(c) If the department makes a determination that the purchasers failure to timely report or remit the taxes imposed by this part is due to reasonable cause or due to circumstances beyond the purchasers control, the purchaser may be relieved of any penalties imposed by this part. Any purchaser seeking relief from penalties imposed by this part shall file a statement, signed under penalty of perjury, setting forth the facts that form the basis for the claim for relief.(d) This section shall not apply to purchases of vehicles, vessels, or aircraft as defined in Article 1 (commencing with Section 6271) of Chapter 3.5. |
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| 162 | 174 | | |
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| 163 | 175 | | 6487.06. (a) Notwithstanding Section 6487, the period during which a deficiency determination may be served to a qualifying purchaser is limited to three years after the last day of the calendar month following the quarterly period for which the amount is proposed to be determined.(b) For purposes of this section, a qualifying purchaser is a person that voluntarily files an individual use tax return for tangible personal property that is purchased from a retailer outside of this state for storage, use, or other consumption in this state, and that meets all of the following conditions:(1) The purchaser resides or is located within this state and has not previously done any of the following:(A) Registered with the department.(B) Filed an individual use tax return with the department.(C) Reported an amount on their individual California income tax return.(2) The purchaser is not engaged in business in this state as a retailer, as defined in Section 6015.(3) The purchaser has not been contacted by the department regarding failure to report the use tax imposed by Section 6202.(4) The department has made a determination that the purchasers failure to file an individual use tax return or to otherwise report or pay the use tax imposed by Section 6202 was due to reasonable cause and was not caused by reason of negligence, intentional disregard of the law, or by an intent to evade the taxes imposed by this part.(c) If the department makes a determination that the purchasers failure to timely report or remit the taxes imposed by this part is due to reasonable cause or due to circumstances beyond the purchasers control, the purchaser may be relieved of any penalties imposed by this part. Any purchaser seeking relief from penalties imposed by this part shall file a statement, signed under penalty of perjury, setting forth the facts that form the basis for the claim for relief.(d) This section shall not apply to purchases of vehicles, vessels, or aircraft as defined in Article 1 (commencing with Section 6271) of Chapter 3.5. |
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| 164 | 176 | | |
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| 165 | 177 | | |
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| 166 | 178 | | |
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| 167 | 179 | | 6487.06. (a) Notwithstanding Section 6487, the period during which a deficiency determination may be served to a qualifying purchaser is limited to three years after the last day of the calendar month following the quarterly period for which the amount is proposed to be determined. |
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| 168 | 180 | | |
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| 169 | 181 | | (b) For purposes of this section, a qualifying purchaser is a person that voluntarily files an individual use tax return for tangible personal property that is purchased from a retailer outside of this state for storage, use, or other consumption in this state, and that meets all of the following conditions: |
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| 170 | 182 | | |
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| 171 | 183 | | (1) The purchaser resides or is located within this state and has not previously done any of the following: |
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| 172 | 184 | | |
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| 173 | 185 | | (A) Registered with the department. |
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| 174 | 186 | | |
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| 175 | 187 | | (B) Filed an individual use tax return with the department. |
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| 176 | 188 | | |
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| 177 | 189 | | (C) Reported an amount on their individual California income tax return. |
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| 178 | 190 | | |
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| 179 | 191 | | (2) The purchaser is not engaged in business in this state as a retailer, as defined in Section 6015. |
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| 180 | 192 | | |
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| 181 | 193 | | (3) The purchaser has not been contacted by the department regarding failure to report the use tax imposed by Section 6202. |
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| 182 | 194 | | |
|---|
| 183 | 195 | | (4) The department has made a determination that the purchasers failure to file an individual use tax return or to otherwise report or pay the use tax imposed by Section 6202 was due to reasonable cause and was not caused by reason of negligence, intentional disregard of the law, or by an intent to evade the taxes imposed by this part. |
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| 184 | 196 | | |
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| 185 | 197 | | (c) If the department makes a determination that the purchasers failure to timely report or remit the taxes imposed by this part is due to reasonable cause or due to circumstances beyond the purchasers control, the purchaser may be relieved of any penalties imposed by this part. Any purchaser seeking relief from penalties imposed by this part shall file a statement, signed under penalty of perjury, setting forth the facts that form the basis for the claim for relief. |
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| 186 | 198 | | |
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| 187 | 199 | | (d) This section shall not apply to purchases of vehicles, vessels, or aircraft as defined in Article 1 (commencing with Section 6271) of Chapter 3.5. |
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| 188 | 200 | | |
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| 189 | 201 | | SEC. 6. Section 6487.1 of the Revenue and Taxation Code is amended to read:6487.1. In the case of a deficiency arising under this part during the lifetime of a decedent, a notice of deficiency determination shall be served within four months after written request therefor, in the form required by the department, by the fiduciary of the estate or trust or by any other person liable for the tax or any portion thereof. |
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| 190 | 202 | | |
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| 191 | 203 | | SEC. 6. Section 6487.1 of the Revenue and Taxation Code is amended to read: |
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| 192 | 204 | | |
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| 193 | 205 | | ### SEC. 6. |
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| 194 | 206 | | |
|---|
| 195 | 207 | | 6487.1. In the case of a deficiency arising under this part during the lifetime of a decedent, a notice of deficiency determination shall be served within four months after written request therefor, in the form required by the department, by the fiduciary of the estate or trust or by any other person liable for the tax or any portion thereof. |
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| 196 | 208 | | |
|---|
| 197 | 209 | | 6487.1. In the case of a deficiency arising under this part during the lifetime of a decedent, a notice of deficiency determination shall be served within four months after written request therefor, in the form required by the department, by the fiduciary of the estate or trust or by any other person liable for the tax or any portion thereof. |
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| 198 | 210 | | |
|---|
| 199 | 211 | | 6487.1. In the case of a deficiency arising under this part during the lifetime of a decedent, a notice of deficiency determination shall be served within four months after written request therefor, in the form required by the department, by the fiduciary of the estate or trust or by any other person liable for the tax or any portion thereof. |
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| 200 | 212 | | |
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| 201 | 213 | | |
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| 202 | 214 | | |
|---|
| 203 | 215 | | 6487.1. In the case of a deficiency arising under this part during the lifetime of a decedent, a notice of deficiency determination shall be served within four months after written request therefor, in the form required by the department, by the fiduciary of the estate or trust or by any other person liable for the tax or any portion thereof. |
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| 204 | 216 | | |
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| 205 | 217 | | SEC. 7. Section 6487.2 of the Revenue and Taxation Code is amended to read:6487.2. (a) A notice of determination issued pursuant to Section 6486, 6515, or 6536 to an individual who was a general partner, as shown on the departments records, and who, prior to the period covered by the determination, withdrew from the partnership, causing a change in ownership, and failed to notify the department, shall be served within four years after the last day of the calendar month following the quarterly period in which the change of ownership occurred.(b) An individual who was a general partner, as shown on the departments records, who withdraws from a partnership without notifying the department of the change in ownership, shall not be liable for any unpaid, self-assessed liability of the partnership that becomes due at least three years after the last day of the calendar month following the quarterly period in which the change in ownership occurred.(c) Subdivisions (a) and (b) shall not apply to either of the following:(1) Cases of fraud or intent to evade this part or other administrative or interpretive regulations.(2) Any partners who retain an ownership interest in a corporation that is a successor to the partnership.(d) For purposes of this part, change in ownership means that a new person, as defined in Section 6005, is created by the action of the former owner by means of a sale, an incorporation, an addition or elimination of one or more partners, or the termination of a spouses ownership or community property interest due to legal separation or divorce.(e) For purposes of this section, individual includes only natural persons. |
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| 206 | 218 | | |
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| 207 | 219 | | SEC. 7. Section 6487.2 of the Revenue and Taxation Code is amended to read: |
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| 208 | 220 | | |
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| 209 | 221 | | ### SEC. 7. |
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| 210 | 222 | | |
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| 211 | 223 | | 6487.2. (a) A notice of determination issued pursuant to Section 6486, 6515, or 6536 to an individual who was a general partner, as shown on the departments records, and who, prior to the period covered by the determination, withdrew from the partnership, causing a change in ownership, and failed to notify the department, shall be served within four years after the last day of the calendar month following the quarterly period in which the change of ownership occurred.(b) An individual who was a general partner, as shown on the departments records, who withdraws from a partnership without notifying the department of the change in ownership, shall not be liable for any unpaid, self-assessed liability of the partnership that becomes due at least three years after the last day of the calendar month following the quarterly period in which the change in ownership occurred.(c) Subdivisions (a) and (b) shall not apply to either of the following:(1) Cases of fraud or intent to evade this part or other administrative or interpretive regulations.(2) Any partners who retain an ownership interest in a corporation that is a successor to the partnership.(d) For purposes of this part, change in ownership means that a new person, as defined in Section 6005, is created by the action of the former owner by means of a sale, an incorporation, an addition or elimination of one or more partners, or the termination of a spouses ownership or community property interest due to legal separation or divorce.(e) For purposes of this section, individual includes only natural persons. |
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| 212 | 224 | | |
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| 213 | 225 | | 6487.2. (a) A notice of determination issued pursuant to Section 6486, 6515, or 6536 to an individual who was a general partner, as shown on the departments records, and who, prior to the period covered by the determination, withdrew from the partnership, causing a change in ownership, and failed to notify the department, shall be served within four years after the last day of the calendar month following the quarterly period in which the change of ownership occurred.(b) An individual who was a general partner, as shown on the departments records, who withdraws from a partnership without notifying the department of the change in ownership, shall not be liable for any unpaid, self-assessed liability of the partnership that becomes due at least three years after the last day of the calendar month following the quarterly period in which the change in ownership occurred.(c) Subdivisions (a) and (b) shall not apply to either of the following:(1) Cases of fraud or intent to evade this part or other administrative or interpretive regulations.(2) Any partners who retain an ownership interest in a corporation that is a successor to the partnership.(d) For purposes of this part, change in ownership means that a new person, as defined in Section 6005, is created by the action of the former owner by means of a sale, an incorporation, an addition or elimination of one or more partners, or the termination of a spouses ownership or community property interest due to legal separation or divorce.(e) For purposes of this section, individual includes only natural persons. |
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| 214 | 226 | | |
|---|
| 215 | 227 | | 6487.2. (a) A notice of determination issued pursuant to Section 6486, 6515, or 6536 to an individual who was a general partner, as shown on the departments records, and who, prior to the period covered by the determination, withdrew from the partnership, causing a change in ownership, and failed to notify the department, shall be served within four years after the last day of the calendar month following the quarterly period in which the change of ownership occurred.(b) An individual who was a general partner, as shown on the departments records, who withdraws from a partnership without notifying the department of the change in ownership, shall not be liable for any unpaid, self-assessed liability of the partnership that becomes due at least three years after the last day of the calendar month following the quarterly period in which the change in ownership occurred.(c) Subdivisions (a) and (b) shall not apply to either of the following:(1) Cases of fraud or intent to evade this part or other administrative or interpretive regulations.(2) Any partners who retain an ownership interest in a corporation that is a successor to the partnership.(d) For purposes of this part, change in ownership means that a new person, as defined in Section 6005, is created by the action of the former owner by means of a sale, an incorporation, an addition or elimination of one or more partners, or the termination of a spouses ownership or community property interest due to legal separation or divorce.(e) For purposes of this section, individual includes only natural persons. |
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| 216 | 228 | | |
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| 217 | 229 | | |
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| 218 | 230 | | |
|---|
| 219 | 231 | | 6487.2. (a) A notice of determination issued pursuant to Section 6486, 6515, or 6536 to an individual who was a general partner, as shown on the departments records, and who, prior to the period covered by the determination, withdrew from the partnership, causing a change in ownership, and failed to notify the department, shall be served within four years after the last day of the calendar month following the quarterly period in which the change of ownership occurred. |
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| 220 | 232 | | |
|---|
| 221 | 233 | | (b) An individual who was a general partner, as shown on the departments records, who withdraws from a partnership without notifying the department of the change in ownership, shall not be liable for any unpaid, self-assessed liability of the partnership that becomes due at least three years after the last day of the calendar month following the quarterly period in which the change in ownership occurred. |
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| 222 | 234 | | |
|---|
| 223 | 235 | | (c) Subdivisions (a) and (b) shall not apply to either of the following: |
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| 224 | 236 | | |
|---|
| 225 | 237 | | (1) Cases of fraud or intent to evade this part or other administrative or interpretive regulations. |
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| 226 | 238 | | |
|---|
| 227 | 239 | | (2) Any partners who retain an ownership interest in a corporation that is a successor to the partnership. |
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| 228 | 240 | | |
|---|
| 229 | 241 | | (d) For purposes of this part, change in ownership means that a new person, as defined in Section 6005, is created by the action of the former owner by means of a sale, an incorporation, an addition or elimination of one or more partners, or the termination of a spouses ownership or community property interest due to legal separation or divorce. |
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| 230 | 242 | | |
|---|
| 231 | 243 | | (e) For purposes of this section, individual includes only natural persons. |
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| 232 | 244 | | |
|---|
| 233 | 245 | | SEC. 8. Section 6487.3 of the Revenue and Taxation Code is amended to read:6487.3. (a) (1) For persons that elect to report qualified use tax in accordance with Section 6452.1, except in the case of fraud, intent to avoid this part or authorized rules and regulations issued by the department, or the gross understatement of qualified use taxes, every notice of a deficiency determination with respect to the qualified use tax shall be served within three years after the last day for which an acceptable tax return is due or filed, whichever occurs later.(2) In the case of a gross understatement of qualified use tax, every notice of a deficiency determination with respect to the qualified use tax shall be served within six years after the last day for which an acceptable tax return is due or filed, whichever occurs later.(3) For purposes of this subdivision, a gross understatement of qualified use tax is a deficiency that is in excess of 25 percent of the amount of qualified use tax reported on a persons acceptable tax return. In the case of married individuals filing separate California personal income tax returns, the total amount of qualified use tax reported will be considered in determining whether there is a gross understatement of qualified use tax.(4) For purposes of this section, acceptable tax return means a timely filed original return that is filed pursuant to Article 1 (commencing with Section 18501), Article 2 (commencing with Section 18601), Section 18633, Section 18633.5 of Chapter 2 (commencing with Section 18501) of Part 10.2, or Article 3 (commencing with Section 23771) of Chapter 4 of Part 11.(b) This section applies to reporting of purchases of tangible personal property made on or after January 1, 2010, in taxable years beginning on or after January 1, 2010. |
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| 234 | 246 | | |
|---|
| 235 | 247 | | SEC. 8. Section 6487.3 of the Revenue and Taxation Code is amended to read: |
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| 236 | 248 | | |
|---|
| 237 | 249 | | ### SEC. 8. |
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| 238 | 250 | | |
|---|
| 239 | 251 | | 6487.3. (a) (1) For persons that elect to report qualified use tax in accordance with Section 6452.1, except in the case of fraud, intent to avoid this part or authorized rules and regulations issued by the department, or the gross understatement of qualified use taxes, every notice of a deficiency determination with respect to the qualified use tax shall be served within three years after the last day for which an acceptable tax return is due or filed, whichever occurs later.(2) In the case of a gross understatement of qualified use tax, every notice of a deficiency determination with respect to the qualified use tax shall be served within six years after the last day for which an acceptable tax return is due or filed, whichever occurs later.(3) For purposes of this subdivision, a gross understatement of qualified use tax is a deficiency that is in excess of 25 percent of the amount of qualified use tax reported on a persons acceptable tax return. In the case of married individuals filing separate California personal income tax returns, the total amount of qualified use tax reported will be considered in determining whether there is a gross understatement of qualified use tax.(4) For purposes of this section, acceptable tax return means a timely filed original return that is filed pursuant to Article 1 (commencing with Section 18501), Article 2 (commencing with Section 18601), Section 18633, Section 18633.5 of Chapter 2 (commencing with Section 18501) of Part 10.2, or Article 3 (commencing with Section 23771) of Chapter 4 of Part 11.(b) This section applies to reporting of purchases of tangible personal property made on or after January 1, 2010, in taxable years beginning on or after January 1, 2010. |
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| 240 | 252 | | |
|---|
| 241 | 253 | | 6487.3. (a) (1) For persons that elect to report qualified use tax in accordance with Section 6452.1, except in the case of fraud, intent to avoid this part or authorized rules and regulations issued by the department, or the gross understatement of qualified use taxes, every notice of a deficiency determination with respect to the qualified use tax shall be served within three years after the last day for which an acceptable tax return is due or filed, whichever occurs later.(2) In the case of a gross understatement of qualified use tax, every notice of a deficiency determination with respect to the qualified use tax shall be served within six years after the last day for which an acceptable tax return is due or filed, whichever occurs later.(3) For purposes of this subdivision, a gross understatement of qualified use tax is a deficiency that is in excess of 25 percent of the amount of qualified use tax reported on a persons acceptable tax return. In the case of married individuals filing separate California personal income tax returns, the total amount of qualified use tax reported will be considered in determining whether there is a gross understatement of qualified use tax.(4) For purposes of this section, acceptable tax return means a timely filed original return that is filed pursuant to Article 1 (commencing with Section 18501), Article 2 (commencing with Section 18601), Section 18633, Section 18633.5 of Chapter 2 (commencing with Section 18501) of Part 10.2, or Article 3 (commencing with Section 23771) of Chapter 4 of Part 11.(b) This section applies to reporting of purchases of tangible personal property made on or after January 1, 2010, in taxable years beginning on or after January 1, 2010. |
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| 242 | 254 | | |
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| 243 | 255 | | 6487.3. (a) (1) For persons that elect to report qualified use tax in accordance with Section 6452.1, except in the case of fraud, intent to avoid this part or authorized rules and regulations issued by the department, or the gross understatement of qualified use taxes, every notice of a deficiency determination with respect to the qualified use tax shall be served within three years after the last day for which an acceptable tax return is due or filed, whichever occurs later.(2) In the case of a gross understatement of qualified use tax, every notice of a deficiency determination with respect to the qualified use tax shall be served within six years after the last day for which an acceptable tax return is due or filed, whichever occurs later.(3) For purposes of this subdivision, a gross understatement of qualified use tax is a deficiency that is in excess of 25 percent of the amount of qualified use tax reported on a persons acceptable tax return. In the case of married individuals filing separate California personal income tax returns, the total amount of qualified use tax reported will be considered in determining whether there is a gross understatement of qualified use tax.(4) For purposes of this section, acceptable tax return means a timely filed original return that is filed pursuant to Article 1 (commencing with Section 18501), Article 2 (commencing with Section 18601), Section 18633, Section 18633.5 of Chapter 2 (commencing with Section 18501) of Part 10.2, or Article 3 (commencing with Section 23771) of Chapter 4 of Part 11.(b) This section applies to reporting of purchases of tangible personal property made on or after January 1, 2010, in taxable years beginning on or after January 1, 2010. |
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| 244 | 256 | | |
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| 245 | 257 | | |
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| 246 | 258 | | |
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| 247 | 259 | | 6487.3. (a) (1) For persons that elect to report qualified use tax in accordance with Section 6452.1, except in the case of fraud, intent to avoid this part or authorized rules and regulations issued by the department, or the gross understatement of qualified use taxes, every notice of a deficiency determination with respect to the qualified use tax shall be served within three years after the last day for which an acceptable tax return is due or filed, whichever occurs later. |
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| 248 | 260 | | |
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| 249 | 261 | | (2) In the case of a gross understatement of qualified use tax, every notice of a deficiency determination with respect to the qualified use tax shall be served within six years after the last day for which an acceptable tax return is due or filed, whichever occurs later. |
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| 250 | 262 | | |
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| 251 | 263 | | (3) For purposes of this subdivision, a gross understatement of qualified use tax is a deficiency that is in excess of 25 percent of the amount of qualified use tax reported on a persons acceptable tax return. In the case of married individuals filing separate California personal income tax returns, the total amount of qualified use tax reported will be considered in determining whether there is a gross understatement of qualified use tax. |
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| 252 | 264 | | |
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| 253 | 265 | | (4) For purposes of this section, acceptable tax return means a timely filed original return that is filed pursuant to Article 1 (commencing with Section 18501), Article 2 (commencing with Section 18601), Section 18633, Section 18633.5 of Chapter 2 (commencing with Section 18501) of Part 10.2, or Article 3 (commencing with Section 23771) of Chapter 4 of Part 11. |
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| 254 | 266 | | |
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| 255 | 267 | | (b) This section applies to reporting of purchases of tangible personal property made on or after January 1, 2010, in taxable years beginning on or after January 1, 2010. |
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| 256 | 268 | | |
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| 257 | 269 | | SEC. 9. Section 6488 of the Revenue and Taxation Code is amended to read:6488. If before the expiration of the time prescribed in Section 6487 for serving a notice of deficiency determination the taxpayer has consented in writing to service of the notice after such time, the notice may be served at any time prior to the expiration of the period agreed upon. The period so agreed upon may be extended by subsequent agreements in writing made before the expiration of the period previously agreed upon. |
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| 258 | 270 | | |
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| 259 | 271 | | SEC. 9. Section 6488 of the Revenue and Taxation Code is amended to read: |
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| 260 | 272 | | |
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| 261 | 273 | | ### SEC. 9. |
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| 262 | 274 | | |
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| 263 | 275 | | 6488. If before the expiration of the time prescribed in Section 6487 for serving a notice of deficiency determination the taxpayer has consented in writing to service of the notice after such time, the notice may be served at any time prior to the expiration of the period agreed upon. The period so agreed upon may be extended by subsequent agreements in writing made before the expiration of the period previously agreed upon. |
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| 264 | 276 | | |
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| 265 | 277 | | 6488. If before the expiration of the time prescribed in Section 6487 for serving a notice of deficiency determination the taxpayer has consented in writing to service of the notice after such time, the notice may be served at any time prior to the expiration of the period agreed upon. The period so agreed upon may be extended by subsequent agreements in writing made before the expiration of the period previously agreed upon. |
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| 266 | 278 | | |
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| 267 | 279 | | 6488. If before the expiration of the time prescribed in Section 6487 for serving a notice of deficiency determination the taxpayer has consented in writing to service of the notice after such time, the notice may be served at any time prior to the expiration of the period agreed upon. The period so agreed upon may be extended by subsequent agreements in writing made before the expiration of the period previously agreed upon. |
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| 268 | 280 | | |
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| 269 | 281 | | |
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| 270 | 282 | | |
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| 271 | 283 | | 6488. If before the expiration of the time prescribed in Section 6487 for serving a notice of deficiency determination the taxpayer has consented in writing to service of the notice after such time, the notice may be served at any time prior to the expiration of the period agreed upon. The period so agreed upon may be extended by subsequent agreements in writing made before the expiration of the period previously agreed upon. |
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| 272 | 284 | | |
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| 273 | 285 | | SEC. 10. Section 6515 of the Revenue and Taxation Code is amended to read:6515. Promptly after making its determination, the department shall give to the person written notice of the estimate, determination, and penalty, the notice to be served in the manner prescribed for service of notice of a deficiency determination. |
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| 274 | 286 | | |
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| 275 | 287 | | SEC. 10. Section 6515 of the Revenue and Taxation Code is amended to read: |
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| 276 | 288 | | |
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| 277 | 289 | | ### SEC. 10. |
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| 278 | 290 | | |
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| 279 | 291 | | 6515. Promptly after making its determination, the department shall give to the person written notice of the estimate, determination, and penalty, the notice to be served in the manner prescribed for service of notice of a deficiency determination. |
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| 280 | 292 | | |
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| 281 | 293 | | 6515. Promptly after making its determination, the department shall give to the person written notice of the estimate, determination, and penalty, the notice to be served in the manner prescribed for service of notice of a deficiency determination. |
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| 282 | 294 | | |
|---|
| 283 | 295 | | 6515. Promptly after making its determination, the department shall give to the person written notice of the estimate, determination, and penalty, the notice to be served in the manner prescribed for service of notice of a deficiency determination. |
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| 284 | 296 | | |
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| 285 | 297 | | |
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| 286 | 298 | | |
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| 287 | 299 | | 6515. Promptly after making its determination, the department shall give to the person written notice of the estimate, determination, and penalty, the notice to be served in the manner prescribed for service of notice of a deficiency determination. |
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| 288 | 300 | | |
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| 289 | 301 | | SEC. 11. Section 6539 of the Revenue and Taxation Code is amended to read:6539. Any notice required by this article shall be served in the manner prescribed for service of notice of a deficiency determination. |
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| 290 | 302 | | |
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| 291 | 303 | | SEC. 11. Section 6539 of the Revenue and Taxation Code is amended to read: |
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| 292 | 304 | | |
|---|
| 293 | 305 | | ### SEC. 11. |
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| 294 | 306 | | |
|---|
| 295 | 307 | | 6539. Any notice required by this article shall be served in the manner prescribed for service of notice of a deficiency determination. |
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| 296 | 308 | | |
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| 297 | 309 | | 6539. Any notice required by this article shall be served in the manner prescribed for service of notice of a deficiency determination. |
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| 298 | 310 | | |
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| 299 | 311 | | 6539. Any notice required by this article shall be served in the manner prescribed for service of notice of a deficiency determination. |
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| 300 | 312 | | |
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| 301 | 313 | | |
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| 302 | 314 | | |
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| 303 | 315 | | 6539. Any notice required by this article shall be served in the manner prescribed for service of notice of a deficiency determination. |
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| 304 | 316 | | |
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| 305 | 317 | | SEC. 12. Section 6566 of the Revenue and Taxation Code is amended to read:6566. Any notice required by this article shall be served in the manner prescribed for service of notice of a deficiency determination. |
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| 306 | 318 | | |
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| 307 | 319 | | SEC. 12. Section 6566 of the Revenue and Taxation Code is amended to read: |
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| 308 | 320 | | |
|---|
| 309 | 321 | | ### SEC. 12. |
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| 310 | 322 | | |
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| 311 | 323 | | 6566. Any notice required by this article shall be served in the manner prescribed for service of notice of a deficiency determination. |
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| 312 | 324 | | |
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| 313 | 325 | | 6566. Any notice required by this article shall be served in the manner prescribed for service of notice of a deficiency determination. |
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| 314 | 326 | | |
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| 315 | 327 | | 6566. Any notice required by this article shall be served in the manner prescribed for service of notice of a deficiency determination. |
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| 316 | 328 | | |
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| 317 | 329 | | |
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| 318 | 330 | | |
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| 319 | 331 | | 6566. Any notice required by this article shall be served in the manner prescribed for service of notice of a deficiency determination. |
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| 320 | 332 | | |
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| 321 | 333 | | SEC. 13. Section 6597 of the Revenue and Taxation Code is amended to read:6597. (a) (1) Any person who knowingly collects sales tax reimbursement, as defined in Section 1656.1 of the Civil Code, or who knowingly collects use tax pursuant to Chapter 3 (commencing with Section 6201), and who fails to timely remit that sales tax reimbursement or use tax to the California Department of Tax and Fee Administration, shall be liable for a penalty of 40 percent of the amount not timely remitted.(2) (A) This subdivision shall not apply to any person whose liability for the unremitted sales tax reimbursement or use tax described in paragraph (1) averages one thousand five hundred dollars ($1,500) or less per month or does not exceed 25 percent of the total amount of tax liability for which the sales tax reimbursement or use tax was collected for the period in which tax was due, whichever is greater.(B) If a persons failure to make a timely remittance of sales tax reimbursement or use tax is due to a reasonable cause or circumstances beyond the persons control, and occurred notwithstanding the exercise of ordinary care and the absence of willful neglect, the person shall be relieved of the penalty imposed by this subdivision.(b) For purposes of this section:(1) Reasonable cause or circumstances beyond the persons control includes, but is not limited to, any of the following:(A) The occurrence of a death or serious illness of the person or the persons next of kin that caused the persons failure to make a timely remittance.(B) The occurrence of an emergency, as defined in Section 8558 of the Government Code that caused the persons failure to make a timely remittance.(C) A natural disaster or other catastrophe directly affecting the business operations of the person that caused the persons failure to make a timely remittance.(D) The California Department of Tax and Fee Administration failed to send returns or other information to the correct address of record, that caused the persons failure to make a timely remittance.(E) The persons failure to make a timely remittance occurred only once over a three-year period, or once during the period in which the person was engaged in business, whichever time period is shorter.(F) The person voluntarily corrected errors in remitting sales tax reimbursement or use tax collected that were made in previous reporting periods and remitted payment of the liability owed as a result of those errors prior to being contacted by the California Department of Tax and Fee Administration regarding possible errors or discrepancies.(2) Sales tax reimbursement shall also include any sales tax that is advertised, held out, or stated to the public or to any customer, directly or indirectly, that the tax or any part thereof will be assumed or absorbed by the retailer.(c) This section shall apply to any determination made by the California Department of Tax and Fee Administration pursuant to Article 2 (commencing with Section 6481), Article 3 (commencing with Section 6511), and Article 4 (commencing with Section 6536).(d) The amendments made by the act adding this subdivision shall apply to determinations made on or after January 1, 2025. |
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| 322 | 334 | | |
|---|
| 323 | 335 | | SEC. 13. Section 6597 of the Revenue and Taxation Code is amended to read: |
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| 324 | 336 | | |
|---|
| 325 | 337 | | ### SEC. 13. |
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| 326 | 338 | | |
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| 327 | 339 | | 6597. (a) (1) Any person who knowingly collects sales tax reimbursement, as defined in Section 1656.1 of the Civil Code, or who knowingly collects use tax pursuant to Chapter 3 (commencing with Section 6201), and who fails to timely remit that sales tax reimbursement or use tax to the California Department of Tax and Fee Administration, shall be liable for a penalty of 40 percent of the amount not timely remitted.(2) (A) This subdivision shall not apply to any person whose liability for the unremitted sales tax reimbursement or use tax described in paragraph (1) averages one thousand five hundred dollars ($1,500) or less per month or does not exceed 25 percent of the total amount of tax liability for which the sales tax reimbursement or use tax was collected for the period in which tax was due, whichever is greater.(B) If a persons failure to make a timely remittance of sales tax reimbursement or use tax is due to a reasonable cause or circumstances beyond the persons control, and occurred notwithstanding the exercise of ordinary care and the absence of willful neglect, the person shall be relieved of the penalty imposed by this subdivision.(b) For purposes of this section:(1) Reasonable cause or circumstances beyond the persons control includes, but is not limited to, any of the following:(A) The occurrence of a death or serious illness of the person or the persons next of kin that caused the persons failure to make a timely remittance.(B) The occurrence of an emergency, as defined in Section 8558 of the Government Code that caused the persons failure to make a timely remittance.(C) A natural disaster or other catastrophe directly affecting the business operations of the person that caused the persons failure to make a timely remittance.(D) The California Department of Tax and Fee Administration failed to send returns or other information to the correct address of record, that caused the persons failure to make a timely remittance.(E) The persons failure to make a timely remittance occurred only once over a three-year period, or once during the period in which the person was engaged in business, whichever time period is shorter.(F) The person voluntarily corrected errors in remitting sales tax reimbursement or use tax collected that were made in previous reporting periods and remitted payment of the liability owed as a result of those errors prior to being contacted by the California Department of Tax and Fee Administration regarding possible errors or discrepancies.(2) Sales tax reimbursement shall also include any sales tax that is advertised, held out, or stated to the public or to any customer, directly or indirectly, that the tax or any part thereof will be assumed or absorbed by the retailer.(c) This section shall apply to any determination made by the California Department of Tax and Fee Administration pursuant to Article 2 (commencing with Section 6481), Article 3 (commencing with Section 6511), and Article 4 (commencing with Section 6536).(d) The amendments made by the act adding this subdivision shall apply to determinations made on or after January 1, 2025. |
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| 328 | 340 | | |
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| 329 | 341 | | 6597. (a) (1) Any person who knowingly collects sales tax reimbursement, as defined in Section 1656.1 of the Civil Code, or who knowingly collects use tax pursuant to Chapter 3 (commencing with Section 6201), and who fails to timely remit that sales tax reimbursement or use tax to the California Department of Tax and Fee Administration, shall be liable for a penalty of 40 percent of the amount not timely remitted.(2) (A) This subdivision shall not apply to any person whose liability for the unremitted sales tax reimbursement or use tax described in paragraph (1) averages one thousand five hundred dollars ($1,500) or less per month or does not exceed 25 percent of the total amount of tax liability for which the sales tax reimbursement or use tax was collected for the period in which tax was due, whichever is greater.(B) If a persons failure to make a timely remittance of sales tax reimbursement or use tax is due to a reasonable cause or circumstances beyond the persons control, and occurred notwithstanding the exercise of ordinary care and the absence of willful neglect, the person shall be relieved of the penalty imposed by this subdivision.(b) For purposes of this section:(1) Reasonable cause or circumstances beyond the persons control includes, but is not limited to, any of the following:(A) The occurrence of a death or serious illness of the person or the persons next of kin that caused the persons failure to make a timely remittance.(B) The occurrence of an emergency, as defined in Section 8558 of the Government Code that caused the persons failure to make a timely remittance.(C) A natural disaster or other catastrophe directly affecting the business operations of the person that caused the persons failure to make a timely remittance.(D) The California Department of Tax and Fee Administration failed to send returns or other information to the correct address of record, that caused the persons failure to make a timely remittance.(E) The persons failure to make a timely remittance occurred only once over a three-year period, or once during the period in which the person was engaged in business, whichever time period is shorter.(F) The person voluntarily corrected errors in remitting sales tax reimbursement or use tax collected that were made in previous reporting periods and remitted payment of the liability owed as a result of those errors prior to being contacted by the California Department of Tax and Fee Administration regarding possible errors or discrepancies.(2) Sales tax reimbursement shall also include any sales tax that is advertised, held out, or stated to the public or to any customer, directly or indirectly, that the tax or any part thereof will be assumed or absorbed by the retailer.(c) This section shall apply to any determination made by the California Department of Tax and Fee Administration pursuant to Article 2 (commencing with Section 6481), Article 3 (commencing with Section 6511), and Article 4 (commencing with Section 6536).(d) The amendments made by the act adding this subdivision shall apply to determinations made on or after January 1, 2025. |
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| 330 | 342 | | |
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| 331 | 343 | | 6597. (a) (1) Any person who knowingly collects sales tax reimbursement, as defined in Section 1656.1 of the Civil Code, or who knowingly collects use tax pursuant to Chapter 3 (commencing with Section 6201), and who fails to timely remit that sales tax reimbursement or use tax to the California Department of Tax and Fee Administration, shall be liable for a penalty of 40 percent of the amount not timely remitted.(2) (A) This subdivision shall not apply to any person whose liability for the unremitted sales tax reimbursement or use tax described in paragraph (1) averages one thousand five hundred dollars ($1,500) or less per month or does not exceed 25 percent of the total amount of tax liability for which the sales tax reimbursement or use tax was collected for the period in which tax was due, whichever is greater.(B) If a persons failure to make a timely remittance of sales tax reimbursement or use tax is due to a reasonable cause or circumstances beyond the persons control, and occurred notwithstanding the exercise of ordinary care and the absence of willful neglect, the person shall be relieved of the penalty imposed by this subdivision.(b) For purposes of this section:(1) Reasonable cause or circumstances beyond the persons control includes, but is not limited to, any of the following:(A) The occurrence of a death or serious illness of the person or the persons next of kin that caused the persons failure to make a timely remittance.(B) The occurrence of an emergency, as defined in Section 8558 of the Government Code that caused the persons failure to make a timely remittance.(C) A natural disaster or other catastrophe directly affecting the business operations of the person that caused the persons failure to make a timely remittance.(D) The California Department of Tax and Fee Administration failed to send returns or other information to the correct address of record, that caused the persons failure to make a timely remittance.(E) The persons failure to make a timely remittance occurred only once over a three-year period, or once during the period in which the person was engaged in business, whichever time period is shorter.(F) The person voluntarily corrected errors in remitting sales tax reimbursement or use tax collected that were made in previous reporting periods and remitted payment of the liability owed as a result of those errors prior to being contacted by the California Department of Tax and Fee Administration regarding possible errors or discrepancies.(2) Sales tax reimbursement shall also include any sales tax that is advertised, held out, or stated to the public or to any customer, directly or indirectly, that the tax or any part thereof will be assumed or absorbed by the retailer.(c) This section shall apply to any determination made by the California Department of Tax and Fee Administration pursuant to Article 2 (commencing with Section 6481), Article 3 (commencing with Section 6511), and Article 4 (commencing with Section 6536).(d) The amendments made by the act adding this subdivision shall apply to determinations made on or after January 1, 2025. |
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| 332 | 344 | | |
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| 333 | 345 | | |
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| 334 | 346 | | |
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| 335 | 347 | | 6597. (a) (1) Any person who knowingly collects sales tax reimbursement, as defined in Section 1656.1 of the Civil Code, or who knowingly collects use tax pursuant to Chapter 3 (commencing with Section 6201), and who fails to timely remit that sales tax reimbursement or use tax to the California Department of Tax and Fee Administration, shall be liable for a penalty of 40 percent of the amount not timely remitted. |
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| 336 | 348 | | |
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| 337 | 349 | | (2) (A) This subdivision shall not apply to any person whose liability for the unremitted sales tax reimbursement or use tax described in paragraph (1) averages one thousand five hundred dollars ($1,500) or less per month or does not exceed 25 percent of the total amount of tax liability for which the sales tax reimbursement or use tax was collected for the period in which tax was due, whichever is greater. |
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| 338 | 350 | | |
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| 339 | 351 | | (B) If a persons failure to make a timely remittance of sales tax reimbursement or use tax is due to a reasonable cause or circumstances beyond the persons control, and occurred notwithstanding the exercise of ordinary care and the absence of willful neglect, the person shall be relieved of the penalty imposed by this subdivision. |
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| 340 | 352 | | |
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| 341 | 353 | | (b) For purposes of this section: |
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| 342 | 354 | | |
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| 343 | 355 | | (1) Reasonable cause or circumstances beyond the persons control includes, but is not limited to, any of the following: |
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| 344 | 356 | | |
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| 345 | 357 | | (A) The occurrence of a death or serious illness of the person or the persons next of kin that caused the persons failure to make a timely remittance. |
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| 346 | 358 | | |
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| 347 | 359 | | (B) The occurrence of an emergency, as defined in Section 8558 of the Government Code that caused the persons failure to make a timely remittance. |
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| 348 | 360 | | |
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| 349 | 361 | | (C) A natural disaster or other catastrophe directly affecting the business operations of the person that caused the persons failure to make a timely remittance. |
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| 350 | 362 | | |
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| 351 | 363 | | (D) The California Department of Tax and Fee Administration failed to send returns or other information to the correct address of record, that caused the persons failure to make a timely remittance. |
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| 352 | 364 | | |
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| 353 | 365 | | (E) The persons failure to make a timely remittance occurred only once over a three-year period, or once during the period in which the person was engaged in business, whichever time period is shorter. |
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| 354 | 366 | | |
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| 355 | 367 | | (F) The person voluntarily corrected errors in remitting sales tax reimbursement or use tax collected that were made in previous reporting periods and remitted payment of the liability owed as a result of those errors prior to being contacted by the California Department of Tax and Fee Administration regarding possible errors or discrepancies. |
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| 356 | 368 | | |
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| 357 | 369 | | (2) Sales tax reimbursement shall also include any sales tax that is advertised, held out, or stated to the public or to any customer, directly or indirectly, that the tax or any part thereof will be assumed or absorbed by the retailer. |
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| 358 | 370 | | |
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| 359 | 371 | | (c) This section shall apply to any determination made by the California Department of Tax and Fee Administration pursuant to Article 2 (commencing with Section 6481), Article 3 (commencing with Section 6511), and Article 4 (commencing with Section 6536). |
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| 360 | 372 | | |
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| 361 | 373 | | (d) The amendments made by the act adding this subdivision shall apply to determinations made on or after January 1, 2025. |
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| 362 | 374 | | |
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| 363 | 375 | | SEC. 14. Section 6701 of the Revenue and Taxation Code is amended to read:6701. The department, whenever it deems it necessary to ensure compliance with this part, may require any person subject thereto, to place with it any security that the department may determine. Any security in the form of cash, government bonds, or insured deposits in banks or savings and loan institutions shall be held by the department in trust to be used solely in the manner provided by this section and Section 6815. The amount of the security shall be fixed by the department but, except as noted below, shall not be greater than twice the estimated average liability of persons filing returns for quarterly periods or three times the estimated average liability of persons required to file returns for monthly periods, determined in the manner that the department deems proper, or fifty thousand dollars ($50,000), whichever amount is the lesser. In case of a person who, pursuant to Section 6070 of this part, has been given notice of hearing to show cause why their permit or permits should not be revoked, or a person whose permit or permits has been revoked or suspended, the amount of the security shall not be greater than three times the average liability of persons filing returns for quarterly periods or five times the average liability of persons required to file returns for monthly periods, or fifty thousand dollars ($50,000), whichever amount is the lesser. The limitations herein provided apply regardless of the type of security placed with the department. The amount of the security may be increased or decreased by the department subject to the limitations herein provided. Security held by the department shall be released after a three-year period in which the person has filed all returns and paid all tax to the state or any amount of tax required to be collected and paid to the state within the time required. The department may sell the security at public auction if it becomes necessary to do so in order to recover any tax or any amount required to be collected, interest, or penalty due. Notice of the sale may be served upon the person who placed the security in the manner prescribed for service of a notice of a deficiency determination. Upon any sale, any surplus above the amounts due shall be returned to the person who placed the security. |
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| 364 | 376 | | |
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| 365 | 377 | | SEC. 14. Section 6701 of the Revenue and Taxation Code is amended to read: |
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| 366 | 378 | | |
|---|
| 367 | 379 | | ### SEC. 14. |
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| 368 | 380 | | |
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| 369 | 381 | | 6701. The department, whenever it deems it necessary to ensure compliance with this part, may require any person subject thereto, to place with it any security that the department may determine. Any security in the form of cash, government bonds, or insured deposits in banks or savings and loan institutions shall be held by the department in trust to be used solely in the manner provided by this section and Section 6815. The amount of the security shall be fixed by the department but, except as noted below, shall not be greater than twice the estimated average liability of persons filing returns for quarterly periods or three times the estimated average liability of persons required to file returns for monthly periods, determined in the manner that the department deems proper, or fifty thousand dollars ($50,000), whichever amount is the lesser. In case of a person who, pursuant to Section 6070 of this part, has been given notice of hearing to show cause why their permit or permits should not be revoked, or a person whose permit or permits has been revoked or suspended, the amount of the security shall not be greater than three times the average liability of persons filing returns for quarterly periods or five times the average liability of persons required to file returns for monthly periods, or fifty thousand dollars ($50,000), whichever amount is the lesser. The limitations herein provided apply regardless of the type of security placed with the department. The amount of the security may be increased or decreased by the department subject to the limitations herein provided. Security held by the department shall be released after a three-year period in which the person has filed all returns and paid all tax to the state or any amount of tax required to be collected and paid to the state within the time required. The department may sell the security at public auction if it becomes necessary to do so in order to recover any tax or any amount required to be collected, interest, or penalty due. Notice of the sale may be served upon the person who placed the security in the manner prescribed for service of a notice of a deficiency determination. Upon any sale, any surplus above the amounts due shall be returned to the person who placed the security. |
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| 370 | 382 | | |
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| 371 | 383 | | 6701. The department, whenever it deems it necessary to ensure compliance with this part, may require any person subject thereto, to place with it any security that the department may determine. Any security in the form of cash, government bonds, or insured deposits in banks or savings and loan institutions shall be held by the department in trust to be used solely in the manner provided by this section and Section 6815. The amount of the security shall be fixed by the department but, except as noted below, shall not be greater than twice the estimated average liability of persons filing returns for quarterly periods or three times the estimated average liability of persons required to file returns for monthly periods, determined in the manner that the department deems proper, or fifty thousand dollars ($50,000), whichever amount is the lesser. In case of a person who, pursuant to Section 6070 of this part, has been given notice of hearing to show cause why their permit or permits should not be revoked, or a person whose permit or permits has been revoked or suspended, the amount of the security shall not be greater than three times the average liability of persons filing returns for quarterly periods or five times the average liability of persons required to file returns for monthly periods, or fifty thousand dollars ($50,000), whichever amount is the lesser. The limitations herein provided apply regardless of the type of security placed with the department. The amount of the security may be increased or decreased by the department subject to the limitations herein provided. Security held by the department shall be released after a three-year period in which the person has filed all returns and paid all tax to the state or any amount of tax required to be collected and paid to the state within the time required. The department may sell the security at public auction if it becomes necessary to do so in order to recover any tax or any amount required to be collected, interest, or penalty due. Notice of the sale may be served upon the person who placed the security in the manner prescribed for service of a notice of a deficiency determination. Upon any sale, any surplus above the amounts due shall be returned to the person who placed the security. |
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| 372 | 384 | | |
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| 373 | 385 | | 6701. The department, whenever it deems it necessary to ensure compliance with this part, may require any person subject thereto, to place with it any security that the department may determine. Any security in the form of cash, government bonds, or insured deposits in banks or savings and loan institutions shall be held by the department in trust to be used solely in the manner provided by this section and Section 6815. The amount of the security shall be fixed by the department but, except as noted below, shall not be greater than twice the estimated average liability of persons filing returns for quarterly periods or three times the estimated average liability of persons required to file returns for monthly periods, determined in the manner that the department deems proper, or fifty thousand dollars ($50,000), whichever amount is the lesser. In case of a person who, pursuant to Section 6070 of this part, has been given notice of hearing to show cause why their permit or permits should not be revoked, or a person whose permit or permits has been revoked or suspended, the amount of the security shall not be greater than three times the average liability of persons filing returns for quarterly periods or five times the average liability of persons required to file returns for monthly periods, or fifty thousand dollars ($50,000), whichever amount is the lesser. The limitations herein provided apply regardless of the type of security placed with the department. The amount of the security may be increased or decreased by the department subject to the limitations herein provided. Security held by the department shall be released after a three-year period in which the person has filed all returns and paid all tax to the state or any amount of tax required to be collected and paid to the state within the time required. The department may sell the security at public auction if it becomes necessary to do so in order to recover any tax or any amount required to be collected, interest, or penalty due. Notice of the sale may be served upon the person who placed the security in the manner prescribed for service of a notice of a deficiency determination. Upon any sale, any surplus above the amounts due shall be returned to the person who placed the security. |
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| 374 | 386 | | |
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| 375 | 387 | | |
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| 376 | 388 | | |
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| 377 | 389 | | 6701. The department, whenever it deems it necessary to ensure compliance with this part, may require any person subject thereto, to place with it any security that the department may determine. Any security in the form of cash, government bonds, or insured deposits in banks or savings and loan institutions shall be held by the department in trust to be used solely in the manner provided by this section and Section 6815. The amount of the security shall be fixed by the department but, except as noted below, shall not be greater than twice the estimated average liability of persons filing returns for quarterly periods or three times the estimated average liability of persons required to file returns for monthly periods, determined in the manner that the department deems proper, or fifty thousand dollars ($50,000), whichever amount is the lesser. In case of a person who, pursuant to Section 6070 of this part, has been given notice of hearing to show cause why their permit or permits should not be revoked, or a person whose permit or permits has been revoked or suspended, the amount of the security shall not be greater than three times the average liability of persons filing returns for quarterly periods or five times the average liability of persons required to file returns for monthly periods, or fifty thousand dollars ($50,000), whichever amount is the lesser. The limitations herein provided apply regardless of the type of security placed with the department. The amount of the security may be increased or decreased by the department subject to the limitations herein provided. Security held by the department shall be released after a three-year period in which the person has filed all returns and paid all tax to the state or any amount of tax required to be collected and paid to the state within the time required. The department may sell the security at public auction if it becomes necessary to do so in order to recover any tax or any amount required to be collected, interest, or penalty due. Notice of the sale may be served upon the person who placed the security in the manner prescribed for service of a notice of a deficiency determination. Upon any sale, any surplus above the amounts due shall be returned to the person who placed the security. |
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| 378 | 390 | | |
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| 379 | 391 | | SEC. 15. Section 6829 of the Revenue and Taxation Code is amended to read:6829. (a) Upon the termination, dissolution, or abandonment of the business of a corporation, partnership, limited partnership, limited liability partnership, or limited liability company, any officer, member, manager, partner, or other person having control or supervision of, or who is charged with the responsibility for the filing of returns or the payment of tax, or who is under a duty to act for the corporation, partnership, limited partnership, limited liability partnership, or limited liability company in complying with any requirement of this part, shall, notwithstanding any provision in the Corporations Code to the contrary, be personally liable for any unpaid taxes and interest and penalties on those taxes, if the officer, member, manager, partner, or other person willfully fails to pay or to cause to be paid any taxes due from the corporation, partnership, limited partnership, limited liability partnership, or limited liability company pursuant to this part.(b) The officer, member, manager, partner, or other person shall be liable only for taxes that became due during the period they had the control, supervision, responsibility, or duty to act for the corporation, partnership, limited partnership, limited liability partnership, or limited liability company described in subdivision (a), plus interest and penalties on those taxes.(c) Personal liability may be imposed pursuant to this section, only if the department can establish that the corporation, partnership, limited partnership, limited liability partnership, or limited liability company had included tax reimbursement in the selling price of, or added tax reimbursement to the selling price of, tangible personal property sold in the conduct of its business, or when it can be established that the corporation, partnership, limited partnership, limited liability partnership, or limited liability company consumed tangible personal property and failed to pay the tax to the seller or has included use tax on the billing and collected the use tax or has issued a receipt for the use tax and failed to report and pay use tax.(d) For purposes of this section, willfully fails to pay or to cause to be paid means that the failure was the result of an intentional, conscious, and voluntary course of action.(e) Except as provided in subdivision (f), the sum due for the liability under this section may be collected by determination and collection in the manner provided in Chapter 5 (commencing with Section 6451) and Chapter 6 (commencing with Section 6701).(f) A notice of deficiency determination under this section shall be served within three years after the last day of the calendar month following the quarterly period in which the department obtains actual knowledge, through its audit or compliance activities, or by written communication by the business or its representative, of the termination, dissolution, or abandonment of the business of the corporation, partnership, limited partnership, limited liability partnership, or limited liability company, or, within eight years after the last day of the calendar month following the quarterly period in which the corporation, partnership, limited partnership, limited liability partnership, or limited liability company business was terminated, dissolved, or abandoned, whichever period expires earlier. If a business or its representative files a notice of termination, dissolution, or abandonment of its business with a state or local agency other than the department, this filing shall not constitute actual knowledge by the department under this section. |
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| 380 | 392 | | |
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| 381 | 393 | | SEC. 15. Section 6829 of the Revenue and Taxation Code is amended to read: |
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| 382 | 394 | | |
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| 383 | 395 | | ### SEC. 15. |
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| 384 | 396 | | |
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| 385 | 397 | | 6829. (a) Upon the termination, dissolution, or abandonment of the business of a corporation, partnership, limited partnership, limited liability partnership, or limited liability company, any officer, member, manager, partner, or other person having control or supervision of, or who is charged with the responsibility for the filing of returns or the payment of tax, or who is under a duty to act for the corporation, partnership, limited partnership, limited liability partnership, or limited liability company in complying with any requirement of this part, shall, notwithstanding any provision in the Corporations Code to the contrary, be personally liable for any unpaid taxes and interest and penalties on those taxes, if the officer, member, manager, partner, or other person willfully fails to pay or to cause to be paid any taxes due from the corporation, partnership, limited partnership, limited liability partnership, or limited liability company pursuant to this part.(b) The officer, member, manager, partner, or other person shall be liable only for taxes that became due during the period they had the control, supervision, responsibility, or duty to act for the corporation, partnership, limited partnership, limited liability partnership, or limited liability company described in subdivision (a), plus interest and penalties on those taxes.(c) Personal liability may be imposed pursuant to this section, only if the department can establish that the corporation, partnership, limited partnership, limited liability partnership, or limited liability company had included tax reimbursement in the selling price of, or added tax reimbursement to the selling price of, tangible personal property sold in the conduct of its business, or when it can be established that the corporation, partnership, limited partnership, limited liability partnership, or limited liability company consumed tangible personal property and failed to pay the tax to the seller or has included use tax on the billing and collected the use tax or has issued a receipt for the use tax and failed to report and pay use tax.(d) For purposes of this section, willfully fails to pay or to cause to be paid means that the failure was the result of an intentional, conscious, and voluntary course of action.(e) Except as provided in subdivision (f), the sum due for the liability under this section may be collected by determination and collection in the manner provided in Chapter 5 (commencing with Section 6451) and Chapter 6 (commencing with Section 6701).(f) A notice of deficiency determination under this section shall be served within three years after the last day of the calendar month following the quarterly period in which the department obtains actual knowledge, through its audit or compliance activities, or by written communication by the business or its representative, of the termination, dissolution, or abandonment of the business of the corporation, partnership, limited partnership, limited liability partnership, or limited liability company, or, within eight years after the last day of the calendar month following the quarterly period in which the corporation, partnership, limited partnership, limited liability partnership, or limited liability company business was terminated, dissolved, or abandoned, whichever period expires earlier. If a business or its representative files a notice of termination, dissolution, or abandonment of its business with a state or local agency other than the department, this filing shall not constitute actual knowledge by the department under this section. |
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| 386 | 398 | | |
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| 387 | 399 | | 6829. (a) Upon the termination, dissolution, or abandonment of the business of a corporation, partnership, limited partnership, limited liability partnership, or limited liability company, any officer, member, manager, partner, or other person having control or supervision of, or who is charged with the responsibility for the filing of returns or the payment of tax, or who is under a duty to act for the corporation, partnership, limited partnership, limited liability partnership, or limited liability company in complying with any requirement of this part, shall, notwithstanding any provision in the Corporations Code to the contrary, be personally liable for any unpaid taxes and interest and penalties on those taxes, if the officer, member, manager, partner, or other person willfully fails to pay or to cause to be paid any taxes due from the corporation, partnership, limited partnership, limited liability partnership, or limited liability company pursuant to this part.(b) The officer, member, manager, partner, or other person shall be liable only for taxes that became due during the period they had the control, supervision, responsibility, or duty to act for the corporation, partnership, limited partnership, limited liability partnership, or limited liability company described in subdivision (a), plus interest and penalties on those taxes.(c) Personal liability may be imposed pursuant to this section, only if the department can establish that the corporation, partnership, limited partnership, limited liability partnership, or limited liability company had included tax reimbursement in the selling price of, or added tax reimbursement to the selling price of, tangible personal property sold in the conduct of its business, or when it can be established that the corporation, partnership, limited partnership, limited liability partnership, or limited liability company consumed tangible personal property and failed to pay the tax to the seller or has included use tax on the billing and collected the use tax or has issued a receipt for the use tax and failed to report and pay use tax.(d) For purposes of this section, willfully fails to pay or to cause to be paid means that the failure was the result of an intentional, conscious, and voluntary course of action.(e) Except as provided in subdivision (f), the sum due for the liability under this section may be collected by determination and collection in the manner provided in Chapter 5 (commencing with Section 6451) and Chapter 6 (commencing with Section 6701).(f) A notice of deficiency determination under this section shall be served within three years after the last day of the calendar month following the quarterly period in which the department obtains actual knowledge, through its audit or compliance activities, or by written communication by the business or its representative, of the termination, dissolution, or abandonment of the business of the corporation, partnership, limited partnership, limited liability partnership, or limited liability company, or, within eight years after the last day of the calendar month following the quarterly period in which the corporation, partnership, limited partnership, limited liability partnership, or limited liability company business was terminated, dissolved, or abandoned, whichever period expires earlier. If a business or its representative files a notice of termination, dissolution, or abandonment of its business with a state or local agency other than the department, this filing shall not constitute actual knowledge by the department under this section. |
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| 388 | 400 | | |
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| 389 | 401 | | 6829. (a) Upon the termination, dissolution, or abandonment of the business of a corporation, partnership, limited partnership, limited liability partnership, or limited liability company, any officer, member, manager, partner, or other person having control or supervision of, or who is charged with the responsibility for the filing of returns or the payment of tax, or who is under a duty to act for the corporation, partnership, limited partnership, limited liability partnership, or limited liability company in complying with any requirement of this part, shall, notwithstanding any provision in the Corporations Code to the contrary, be personally liable for any unpaid taxes and interest and penalties on those taxes, if the officer, member, manager, partner, or other person willfully fails to pay or to cause to be paid any taxes due from the corporation, partnership, limited partnership, limited liability partnership, or limited liability company pursuant to this part.(b) The officer, member, manager, partner, or other person shall be liable only for taxes that became due during the period they had the control, supervision, responsibility, or duty to act for the corporation, partnership, limited partnership, limited liability partnership, or limited liability company described in subdivision (a), plus interest and penalties on those taxes.(c) Personal liability may be imposed pursuant to this section, only if the department can establish that the corporation, partnership, limited partnership, limited liability partnership, or limited liability company had included tax reimbursement in the selling price of, or added tax reimbursement to the selling price of, tangible personal property sold in the conduct of its business, or when it can be established that the corporation, partnership, limited partnership, limited liability partnership, or limited liability company consumed tangible personal property and failed to pay the tax to the seller or has included use tax on the billing and collected the use tax or has issued a receipt for the use tax and failed to report and pay use tax.(d) For purposes of this section, willfully fails to pay or to cause to be paid means that the failure was the result of an intentional, conscious, and voluntary course of action.(e) Except as provided in subdivision (f), the sum due for the liability under this section may be collected by determination and collection in the manner provided in Chapter 5 (commencing with Section 6451) and Chapter 6 (commencing with Section 6701).(f) A notice of deficiency determination under this section shall be served within three years after the last day of the calendar month following the quarterly period in which the department obtains actual knowledge, through its audit or compliance activities, or by written communication by the business or its representative, of the termination, dissolution, or abandonment of the business of the corporation, partnership, limited partnership, limited liability partnership, or limited liability company, or, within eight years after the last day of the calendar month following the quarterly period in which the corporation, partnership, limited partnership, limited liability partnership, or limited liability company business was terminated, dissolved, or abandoned, whichever period expires earlier. If a business or its representative files a notice of termination, dissolution, or abandonment of its business with a state or local agency other than the department, this filing shall not constitute actual knowledge by the department under this section. |
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| 390 | 402 | | |
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| 391 | 403 | | |
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| 392 | 404 | | |
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| 393 | 405 | | 6829. (a) Upon the termination, dissolution, or abandonment of the business of a corporation, partnership, limited partnership, limited liability partnership, or limited liability company, any officer, member, manager, partner, or other person having control or supervision of, or who is charged with the responsibility for the filing of returns or the payment of tax, or who is under a duty to act for the corporation, partnership, limited partnership, limited liability partnership, or limited liability company in complying with any requirement of this part, shall, notwithstanding any provision in the Corporations Code to the contrary, be personally liable for any unpaid taxes and interest and penalties on those taxes, if the officer, member, manager, partner, or other person willfully fails to pay or to cause to be paid any taxes due from the corporation, partnership, limited partnership, limited liability partnership, or limited liability company pursuant to this part. |
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| 394 | 406 | | |
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| 395 | 407 | | (b) The officer, member, manager, partner, or other person shall be liable only for taxes that became due during the period they had the control, supervision, responsibility, or duty to act for the corporation, partnership, limited partnership, limited liability partnership, or limited liability company described in subdivision (a), plus interest and penalties on those taxes. |
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| 396 | 408 | | |
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| 397 | 409 | | (c) Personal liability may be imposed pursuant to this section, only if the department can establish that the corporation, partnership, limited partnership, limited liability partnership, or limited liability company had included tax reimbursement in the selling price of, or added tax reimbursement to the selling price of, tangible personal property sold in the conduct of its business, or when it can be established that the corporation, partnership, limited partnership, limited liability partnership, or limited liability company consumed tangible personal property and failed to pay the tax to the seller or has included use tax on the billing and collected the use tax or has issued a receipt for the use tax and failed to report and pay use tax. |
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| 398 | 410 | | |
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| 399 | 411 | | (d) For purposes of this section, willfully fails to pay or to cause to be paid means that the failure was the result of an intentional, conscious, and voluntary course of action. |
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| 400 | 412 | | |
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| 401 | 413 | | (e) Except as provided in subdivision (f), the sum due for the liability under this section may be collected by determination and collection in the manner provided in Chapter 5 (commencing with Section 6451) and Chapter 6 (commencing with Section 6701). |
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| 402 | 414 | | |
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| 403 | 415 | | (f) A notice of deficiency determination under this section shall be served within three years after the last day of the calendar month following the quarterly period in which the department obtains actual knowledge, through its audit or compliance activities, or by written communication by the business or its representative, of the termination, dissolution, or abandonment of the business of the corporation, partnership, limited partnership, limited liability partnership, or limited liability company, or, within eight years after the last day of the calendar month following the quarterly period in which the corporation, partnership, limited partnership, limited liability partnership, or limited liability company business was terminated, dissolved, or abandoned, whichever period expires earlier. If a business or its representative files a notice of termination, dissolution, or abandonment of its business with a state or local agency other than the department, this filing shall not constitute actual knowledge by the department under this section. |
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| 404 | 416 | | |
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| 405 | 417 | | SEC. 16. Section 6964 of the Revenue and Taxation Code is amended to read:6964. (a) Notwithstanding any other provision of this part, if the department finds that neither the person liable for payment of tax nor any party related to that person has in any way caused an erroneous refund for which an action for recovery is provided under Section 6961, no interest shall be imposed on the amount of that erroneous refund until 30 days after the date on which the department serves a notice of determination for repayment of the erroneous refund to the person. The act of filing a claim for refund shall not be considered as causing the erroneous refund.(b) This section is operative for any action for recovery under Section 6961 on or after July 1, 1999. |
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| 406 | 418 | | |
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| 407 | 419 | | SEC. 16. Section 6964 of the Revenue and Taxation Code is amended to read: |
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| 408 | 420 | | |
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| 409 | 421 | | ### SEC. 16. |
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| 410 | 422 | | |
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| 411 | 423 | | 6964. (a) Notwithstanding any other provision of this part, if the department finds that neither the person liable for payment of tax nor any party related to that person has in any way caused an erroneous refund for which an action for recovery is provided under Section 6961, no interest shall be imposed on the amount of that erroneous refund until 30 days after the date on which the department serves a notice of determination for repayment of the erroneous refund to the person. The act of filing a claim for refund shall not be considered as causing the erroneous refund.(b) This section is operative for any action for recovery under Section 6961 on or after July 1, 1999. |
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| 412 | 424 | | |
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| 413 | 425 | | 6964. (a) Notwithstanding any other provision of this part, if the department finds that neither the person liable for payment of tax nor any party related to that person has in any way caused an erroneous refund for which an action for recovery is provided under Section 6961, no interest shall be imposed on the amount of that erroneous refund until 30 days after the date on which the department serves a notice of determination for repayment of the erroneous refund to the person. The act of filing a claim for refund shall not be considered as causing the erroneous refund.(b) This section is operative for any action for recovery under Section 6961 on or after July 1, 1999. |
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| 414 | 426 | | |
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| 415 | 427 | | 6964. (a) Notwithstanding any other provision of this part, if the department finds that neither the person liable for payment of tax nor any party related to that person has in any way caused an erroneous refund for which an action for recovery is provided under Section 6961, no interest shall be imposed on the amount of that erroneous refund until 30 days after the date on which the department serves a notice of determination for repayment of the erroneous refund to the person. The act of filing a claim for refund shall not be considered as causing the erroneous refund.(b) This section is operative for any action for recovery under Section 6961 on or after July 1, 1999. |
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| 416 | 428 | | |
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| 417 | 429 | | |
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| 418 | 430 | | |
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| 419 | 431 | | 6964. (a) Notwithstanding any other provision of this part, if the department finds that neither the person liable for payment of tax nor any party related to that person has in any way caused an erroneous refund for which an action for recovery is provided under Section 6961, no interest shall be imposed on the amount of that erroneous refund until 30 days after the date on which the department serves a notice of determination for repayment of the erroneous refund to the person. The act of filing a claim for refund shall not be considered as causing the erroneous refund. |
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| 420 | 432 | | |
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| 421 | 433 | | (b) This section is operative for any action for recovery under Section 6961 on or after July 1, 1999. |
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| 422 | 434 | | |
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| 423 | 435 | | SEC. 17. Section 7671 of the Revenue and Taxation Code is amended to read:7671. The department shall give the supplier written notice of its determination. The notice shall be served in one of the following manners:(a) By placing the notice in a sealed envelope, with postage paid, addressed to the supplier at the suppliers address as it appears in the records of the department. Service made pursuant to this subdivision shall be deemed complete at the time of the deposit of the notice in the United States Post Office, or a mailbox, sub-post office, substation, or mail chute, or other facility maintained or provided by the United States Postal Service, without extension of time for any reason.(b) By personally delivering the notice to the person to be served. Service made pursuant to this subdivision shall be deemed complete at the time of that delivery. Personal service to a corporation may be made by delivery of a notice to any person designated in the Code of Civil Procedure to be served for the corporation with summons and complaint in a civil action.(c) (1) By delivering the notice electronically via secure transmission when either of the following applies:(A) The taxpayer requests the notice of determination to be sent electronically via secure transmission.(B) The department has evidence that the taxpayer no longer receives mail at the address of record and has previously provided an address for electronic mail.(2) Service provided pursuant to paragraph (1) shall be deemed complete at the time the department electronically transmits the notice via the taxpayers secure web portal, without extension of time for any reason. |
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| 424 | 436 | | |
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| 425 | 437 | | SEC. 17. Section 7671 of the Revenue and Taxation Code is amended to read: |
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| 426 | 438 | | |
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| 427 | 439 | | ### SEC. 17. |
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| 428 | 440 | | |
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| 429 | 441 | | 7671. The department shall give the supplier written notice of its determination. The notice shall be served in one of the following manners:(a) By placing the notice in a sealed envelope, with postage paid, addressed to the supplier at the suppliers address as it appears in the records of the department. Service made pursuant to this subdivision shall be deemed complete at the time of the deposit of the notice in the United States Post Office, or a mailbox, sub-post office, substation, or mail chute, or other facility maintained or provided by the United States Postal Service, without extension of time for any reason.(b) By personally delivering the notice to the person to be served. Service made pursuant to this subdivision shall be deemed complete at the time of that delivery. Personal service to a corporation may be made by delivery of a notice to any person designated in the Code of Civil Procedure to be served for the corporation with summons and complaint in a civil action.(c) (1) By delivering the notice electronically via secure transmission when either of the following applies:(A) The taxpayer requests the notice of determination to be sent electronically via secure transmission.(B) The department has evidence that the taxpayer no longer receives mail at the address of record and has previously provided an address for electronic mail.(2) Service provided pursuant to paragraph (1) shall be deemed complete at the time the department electronically transmits the notice via the taxpayers secure web portal, without extension of time for any reason. |
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| 430 | 442 | | |
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| 431 | 443 | | 7671. The department shall give the supplier written notice of its determination. The notice shall be served in one of the following manners:(a) By placing the notice in a sealed envelope, with postage paid, addressed to the supplier at the suppliers address as it appears in the records of the department. Service made pursuant to this subdivision shall be deemed complete at the time of the deposit of the notice in the United States Post Office, or a mailbox, sub-post office, substation, or mail chute, or other facility maintained or provided by the United States Postal Service, without extension of time for any reason.(b) By personally delivering the notice to the person to be served. Service made pursuant to this subdivision shall be deemed complete at the time of that delivery. Personal service to a corporation may be made by delivery of a notice to any person designated in the Code of Civil Procedure to be served for the corporation with summons and complaint in a civil action.(c) (1) By delivering the notice electronically via secure transmission when either of the following applies:(A) The taxpayer requests the notice of determination to be sent electronically via secure transmission.(B) The department has evidence that the taxpayer no longer receives mail at the address of record and has previously provided an address for electronic mail.(2) Service provided pursuant to paragraph (1) shall be deemed complete at the time the department electronically transmits the notice via the taxpayers secure web portal, without extension of time for any reason. |
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| 432 | 444 | | |
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| 433 | 445 | | 7671. The department shall give the supplier written notice of its determination. The notice shall be served in one of the following manners:(a) By placing the notice in a sealed envelope, with postage paid, addressed to the supplier at the suppliers address as it appears in the records of the department. Service made pursuant to this subdivision shall be deemed complete at the time of the deposit of the notice in the United States Post Office, or a mailbox, sub-post office, substation, or mail chute, or other facility maintained or provided by the United States Postal Service, without extension of time for any reason.(b) By personally delivering the notice to the person to be served. Service made pursuant to this subdivision shall be deemed complete at the time of that delivery. Personal service to a corporation may be made by delivery of a notice to any person designated in the Code of Civil Procedure to be served for the corporation with summons and complaint in a civil action.(c) (1) By delivering the notice electronically via secure transmission when either of the following applies:(A) The taxpayer requests the notice of determination to be sent electronically via secure transmission.(B) The department has evidence that the taxpayer no longer receives mail at the address of record and has previously provided an address for electronic mail.(2) Service provided pursuant to paragraph (1) shall be deemed complete at the time the department electronically transmits the notice via the taxpayers secure web portal, without extension of time for any reason. |
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| 434 | 446 | | |
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| 435 | 447 | | |
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| 436 | 448 | | |
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| 437 | 449 | | 7671. The department shall give the supplier written notice of its determination. The notice shall be served in one of the following manners: |
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| 438 | 450 | | |
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| 439 | 451 | | (a) By placing the notice in a sealed envelope, with postage paid, addressed to the supplier at the suppliers address as it appears in the records of the department. Service made pursuant to this subdivision shall be deemed complete at the time of the deposit of the notice in the United States Post Office, or a mailbox, sub-post office, substation, or mail chute, or other facility maintained or provided by the United States Postal Service, without extension of time for any reason. |
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| 440 | 452 | | |
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| 441 | 453 | | (b) By personally delivering the notice to the person to be served. Service made pursuant to this subdivision shall be deemed complete at the time of that delivery. Personal service to a corporation may be made by delivery of a notice to any person designated in the Code of Civil Procedure to be served for the corporation with summons and complaint in a civil action. |
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| 442 | 454 | | |
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| 443 | 455 | | (c) (1) By delivering the notice electronically via secure transmission when either of the following applies: |
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| 444 | 456 | | |
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| 445 | 457 | | (A) The taxpayer requests the notice of determination to be sent electronically via secure transmission. |
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| 446 | 458 | | |
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| 447 | 459 | | (B) The department has evidence that the taxpayer no longer receives mail at the address of record and has previously provided an address for electronic mail. |
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| 448 | 460 | | |
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| 449 | 461 | | (2) Service provided pursuant to paragraph (1) shall be deemed complete at the time the department electronically transmits the notice via the taxpayers secure web portal, without extension of time for any reason. |
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| 450 | 462 | | |
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| 451 | 463 | | SEC. 18. Section 7675 of the Revenue and Taxation Code is amended to read:7675. Except in the case of fraud, intent to evade this part or authorized rules and regulations, or failure to make a return, every notice of a deficiency determination shall be given to the supplier within three years after the last day of the month following the monthly period for which the amount is proposed to be determined or within three years after the return is filed, whichever period expires the later. In the case of a failure to make a return the notice of determination shall be served within eight years after the date the return was due. |
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| 452 | 464 | | |
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| 453 | 465 | | SEC. 18. Section 7675 of the Revenue and Taxation Code is amended to read: |
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| 454 | 466 | | |
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| 455 | 467 | | ### SEC. 18. |
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| 456 | 468 | | |
|---|
| 457 | 469 | | 7675. Except in the case of fraud, intent to evade this part or authorized rules and regulations, or failure to make a return, every notice of a deficiency determination shall be given to the supplier within three years after the last day of the month following the monthly period for which the amount is proposed to be determined or within three years after the return is filed, whichever period expires the later. In the case of a failure to make a return the notice of determination shall be served within eight years after the date the return was due. |
|---|
| 458 | 470 | | |
|---|
| 459 | 471 | | 7675. Except in the case of fraud, intent to evade this part or authorized rules and regulations, or failure to make a return, every notice of a deficiency determination shall be given to the supplier within three years after the last day of the month following the monthly period for which the amount is proposed to be determined or within three years after the return is filed, whichever period expires the later. In the case of a failure to make a return the notice of determination shall be served within eight years after the date the return was due. |
|---|
| 460 | 472 | | |
|---|
| 461 | 473 | | 7675. Except in the case of fraud, intent to evade this part or authorized rules and regulations, or failure to make a return, every notice of a deficiency determination shall be given to the supplier within three years after the last day of the month following the monthly period for which the amount is proposed to be determined or within three years after the return is filed, whichever period expires the later. In the case of a failure to make a return the notice of determination shall be served within eight years after the date the return was due. |
|---|
| 462 | 474 | | |
|---|
| 463 | 475 | | |
|---|
| 464 | 476 | | |
|---|
| 465 | 477 | | 7675. Except in the case of fraud, intent to evade this part or authorized rules and regulations, or failure to make a return, every notice of a deficiency determination shall be given to the supplier within three years after the last day of the month following the monthly period for which the amount is proposed to be determined or within three years after the return is filed, whichever period expires the later. In the case of a failure to make a return the notice of determination shall be served within eight years after the date the return was due. |
|---|
| 466 | 478 | | |
|---|
| 467 | 479 | | SEC. 19. Section 7675.1 of the Revenue and Taxation Code is amended to read:7675.1. In the case of a deficiency arising under this part during the lifetime of a decedent, a notice of deficiency determination shall be served within four months after written request therefor, in the form required by the department, by the fiduciary of the estate or trust or by any other person liable for the tax or any portion thereof. |
|---|
| 468 | 480 | | |
|---|
| 469 | 481 | | SEC. 19. Section 7675.1 of the Revenue and Taxation Code is amended to read: |
|---|
| 470 | 482 | | |
|---|
| 471 | 483 | | ### SEC. 19. |
|---|
| 472 | 484 | | |
|---|
| 473 | 485 | | 7675.1. In the case of a deficiency arising under this part during the lifetime of a decedent, a notice of deficiency determination shall be served within four months after written request therefor, in the form required by the department, by the fiduciary of the estate or trust or by any other person liable for the tax or any portion thereof. |
|---|
| 474 | 486 | | |
|---|
| 475 | 487 | | 7675.1. In the case of a deficiency arising under this part during the lifetime of a decedent, a notice of deficiency determination shall be served within four months after written request therefor, in the form required by the department, by the fiduciary of the estate or trust or by any other person liable for the tax or any portion thereof. |
|---|
| 476 | 488 | | |
|---|
| 477 | 489 | | 7675.1. In the case of a deficiency arising under this part during the lifetime of a decedent, a notice of deficiency determination shall be served within four months after written request therefor, in the form required by the department, by the fiduciary of the estate or trust or by any other person liable for the tax or any portion thereof. |
|---|
| 478 | 490 | | |
|---|
| 479 | 491 | | |
|---|
| 480 | 492 | | |
|---|
| 481 | 493 | | 7675.1. In the case of a deficiency arising under this part during the lifetime of a decedent, a notice of deficiency determination shall be served within four months after written request therefor, in the form required by the department, by the fiduciary of the estate or trust or by any other person liable for the tax or any portion thereof. |
|---|
| 482 | 494 | | |
|---|
| 483 | 495 | | SEC. 20. Section 7676 of the Revenue and Taxation Code is amended to read:7676. If, before the expiration of the time prescribed in Section 7675 for serving a notice of deficiency determination, the taxpayer has consented in writing to service of the notice after that time, the notice may be served at any time prior to the expiration of the period agreed upon. The period so agreed upon may be extended by subsequent agreements in writing made before the expiration of the period previously agreed upon. |
|---|
| 484 | 496 | | |
|---|
| 485 | 497 | | SEC. 20. Section 7676 of the Revenue and Taxation Code is amended to read: |
|---|
| 486 | 498 | | |
|---|
| 487 | 499 | | ### SEC. 20. |
|---|
| 488 | 500 | | |
|---|
| 489 | 501 | | 7676. If, before the expiration of the time prescribed in Section 7675 for serving a notice of deficiency determination, the taxpayer has consented in writing to service of the notice after that time, the notice may be served at any time prior to the expiration of the period agreed upon. The period so agreed upon may be extended by subsequent agreements in writing made before the expiration of the period previously agreed upon. |
|---|
| 490 | 502 | | |
|---|
| 491 | 503 | | 7676. If, before the expiration of the time prescribed in Section 7675 for serving a notice of deficiency determination, the taxpayer has consented in writing to service of the notice after that time, the notice may be served at any time prior to the expiration of the period agreed upon. The period so agreed upon may be extended by subsequent agreements in writing made before the expiration of the period previously agreed upon. |
|---|
| 492 | 504 | | |
|---|
| 493 | 505 | | 7676. If, before the expiration of the time prescribed in Section 7675 for serving a notice of deficiency determination, the taxpayer has consented in writing to service of the notice after that time, the notice may be served at any time prior to the expiration of the period agreed upon. The period so agreed upon may be extended by subsequent agreements in writing made before the expiration of the period previously agreed upon. |
|---|
| 494 | 506 | | |
|---|
| 495 | 507 | | |
|---|
| 496 | 508 | | |
|---|
| 497 | 509 | | 7676. If, before the expiration of the time prescribed in Section 7675 for serving a notice of deficiency determination, the taxpayer has consented in writing to service of the notice after that time, the notice may be served at any time prior to the expiration of the period agreed upon. The period so agreed upon may be extended by subsequent agreements in writing made before the expiration of the period previously agreed upon. |
|---|
| 498 | 510 | | |
|---|
| 499 | 511 | | SEC. 21. Section 8174 of the Revenue and Taxation Code is amended to read:8174. (a) Notwithstanding any other provision of this part, if the department finds that neither the person liable for payment of tax nor any party related to that person has in any way caused an erroneous refund for which an action for recovery is provided under Section 8171, no interest shall be imposed on the amount of that erroneous refund until 30 days after the date on which the department serves a notice of determination for repayment of the erroneous refund to the person. The act of filing a claim for refund shall not be considered as causing the erroneous refund.(b) This section shall be operative for any action for recovery under Section 8171 on or after January 1, 2000. |
|---|
| 500 | 512 | | |
|---|
| 501 | 513 | | SEC. 21. Section 8174 of the Revenue and Taxation Code is amended to read: |
|---|
| 502 | 514 | | |
|---|
| 503 | 515 | | ### SEC. 21. |
|---|
| 504 | 516 | | |
|---|
| 505 | 517 | | 8174. (a) Notwithstanding any other provision of this part, if the department finds that neither the person liable for payment of tax nor any party related to that person has in any way caused an erroneous refund for which an action for recovery is provided under Section 8171, no interest shall be imposed on the amount of that erroneous refund until 30 days after the date on which the department serves a notice of determination for repayment of the erroneous refund to the person. The act of filing a claim for refund shall not be considered as causing the erroneous refund.(b) This section shall be operative for any action for recovery under Section 8171 on or after January 1, 2000. |
|---|
| 506 | 518 | | |
|---|
| 507 | 519 | | 8174. (a) Notwithstanding any other provision of this part, if the department finds that neither the person liable for payment of tax nor any party related to that person has in any way caused an erroneous refund for which an action for recovery is provided under Section 8171, no interest shall be imposed on the amount of that erroneous refund until 30 days after the date on which the department serves a notice of determination for repayment of the erroneous refund to the person. The act of filing a claim for refund shall not be considered as causing the erroneous refund.(b) This section shall be operative for any action for recovery under Section 8171 on or after January 1, 2000. |
|---|
| 508 | 520 | | |
|---|
| 509 | 521 | | 8174. (a) Notwithstanding any other provision of this part, if the department finds that neither the person liable for payment of tax nor any party related to that person has in any way caused an erroneous refund for which an action for recovery is provided under Section 8171, no interest shall be imposed on the amount of that erroneous refund until 30 days after the date on which the department serves a notice of determination for repayment of the erroneous refund to the person. The act of filing a claim for refund shall not be considered as causing the erroneous refund.(b) This section shall be operative for any action for recovery under Section 8171 on or after January 1, 2000. |
|---|
| 510 | 522 | | |
|---|
| 511 | 523 | | |
|---|
| 512 | 524 | | |
|---|
| 513 | 525 | | 8174. (a) Notwithstanding any other provision of this part, if the department finds that neither the person liable for payment of tax nor any party related to that person has in any way caused an erroneous refund for which an action for recovery is provided under Section 8171, no interest shall be imposed on the amount of that erroneous refund until 30 days after the date on which the department serves a notice of determination for repayment of the erroneous refund to the person. The act of filing a claim for refund shall not be considered as causing the erroneous refund. |
|---|
| 514 | 526 | | |
|---|
| 515 | 527 | | (b) This section shall be operative for any action for recovery under Section 8171 on or after January 1, 2000. |
|---|
| 516 | 528 | | |
|---|
| 517 | 529 | | SEC. 22. Section 8781 of the Revenue and Taxation Code is amended to read:8781. The department shall give the user written notice of its determination. The notice shall be served in one of the following manners:(a) By placing the notice in a sealed envelope, with postage paid, addressed to the user at their address as it appears in the records of the department. Service made pursuant to this subdivision shall be deemed complete at the time of the deposit of the notice in the United States Post Office, or a mailbox, sub-post office, substation, or mail chute, or other facility maintained or provided by the United States Postal Service, without extension of time for any reason.(b) By personally delivering the notice to the person to be served. Service made pursuant to this subdivision shall be deemed complete at the time of such delivery. Personal service to a corporation may be made by delivery of a notice to any person designated in the Code of Civil Procedure to be served for the corporation with summons and complaint in a civil action.(c) (1) By delivering the notice electronically via secure transmission when either of the following applies:(A) The taxpayer requests the notice of determination to be sent electronically via secure transmission.(B) The department has evidence that the taxpayer no longer receives mail at the address of record and has previously provided an address for electronic mail.(2) Service provided pursuant to paragraph (1) shall be deemed complete at the time the department electronically transmits the notice via the taxpayers secure web portal, without extension of time for any reason. |
|---|
| 518 | 530 | | |
|---|
| 519 | 531 | | SEC. 22. Section 8781 of the Revenue and Taxation Code is amended to read: |
|---|
| 520 | 532 | | |
|---|
| 521 | 533 | | ### SEC. 22. |
|---|
| 522 | 534 | | |
|---|
| 523 | 535 | | 8781. The department shall give the user written notice of its determination. The notice shall be served in one of the following manners:(a) By placing the notice in a sealed envelope, with postage paid, addressed to the user at their address as it appears in the records of the department. Service made pursuant to this subdivision shall be deemed complete at the time of the deposit of the notice in the United States Post Office, or a mailbox, sub-post office, substation, or mail chute, or other facility maintained or provided by the United States Postal Service, without extension of time for any reason.(b) By personally delivering the notice to the person to be served. Service made pursuant to this subdivision shall be deemed complete at the time of such delivery. Personal service to a corporation may be made by delivery of a notice to any person designated in the Code of Civil Procedure to be served for the corporation with summons and complaint in a civil action.(c) (1) By delivering the notice electronically via secure transmission when either of the following applies:(A) The taxpayer requests the notice of determination to be sent electronically via secure transmission.(B) The department has evidence that the taxpayer no longer receives mail at the address of record and has previously provided an address for electronic mail.(2) Service provided pursuant to paragraph (1) shall be deemed complete at the time the department electronically transmits the notice via the taxpayers secure web portal, without extension of time for any reason. |
|---|
| 524 | 536 | | |
|---|
| 525 | 537 | | 8781. The department shall give the user written notice of its determination. The notice shall be served in one of the following manners:(a) By placing the notice in a sealed envelope, with postage paid, addressed to the user at their address as it appears in the records of the department. Service made pursuant to this subdivision shall be deemed complete at the time of the deposit of the notice in the United States Post Office, or a mailbox, sub-post office, substation, or mail chute, or other facility maintained or provided by the United States Postal Service, without extension of time for any reason.(b) By personally delivering the notice to the person to be served. Service made pursuant to this subdivision shall be deemed complete at the time of such delivery. Personal service to a corporation may be made by delivery of a notice to any person designated in the Code of Civil Procedure to be served for the corporation with summons and complaint in a civil action.(c) (1) By delivering the notice electronically via secure transmission when either of the following applies:(A) The taxpayer requests the notice of determination to be sent electronically via secure transmission.(B) The department has evidence that the taxpayer no longer receives mail at the address of record and has previously provided an address for electronic mail.(2) Service provided pursuant to paragraph (1) shall be deemed complete at the time the department electronically transmits the notice via the taxpayers secure web portal, without extension of time for any reason. |
|---|
| 526 | 538 | | |
|---|
| 527 | 539 | | 8781. The department shall give the user written notice of its determination. The notice shall be served in one of the following manners:(a) By placing the notice in a sealed envelope, with postage paid, addressed to the user at their address as it appears in the records of the department. Service made pursuant to this subdivision shall be deemed complete at the time of the deposit of the notice in the United States Post Office, or a mailbox, sub-post office, substation, or mail chute, or other facility maintained or provided by the United States Postal Service, without extension of time for any reason.(b) By personally delivering the notice to the person to be served. Service made pursuant to this subdivision shall be deemed complete at the time of such delivery. Personal service to a corporation may be made by delivery of a notice to any person designated in the Code of Civil Procedure to be served for the corporation with summons and complaint in a civil action.(c) (1) By delivering the notice electronically via secure transmission when either of the following applies:(A) The taxpayer requests the notice of determination to be sent electronically via secure transmission.(B) The department has evidence that the taxpayer no longer receives mail at the address of record and has previously provided an address for electronic mail.(2) Service provided pursuant to paragraph (1) shall be deemed complete at the time the department electronically transmits the notice via the taxpayers secure web portal, without extension of time for any reason. |
|---|
| 528 | 540 | | |
|---|
| 529 | 541 | | |
|---|
| 530 | 542 | | |
|---|
| 531 | 543 | | 8781. The department shall give the user written notice of its determination. The notice shall be served in one of the following manners: |
|---|
| 532 | 544 | | |
|---|
| 533 | 545 | | (a) By placing the notice in a sealed envelope, with postage paid, addressed to the user at their address as it appears in the records of the department. Service made pursuant to this subdivision shall be deemed complete at the time of the deposit of the notice in the United States Post Office, or a mailbox, sub-post office, substation, or mail chute, or other facility maintained or provided by the United States Postal Service, without extension of time for any reason. |
|---|
| 534 | 546 | | |
|---|
| 535 | 547 | | (b) By personally delivering the notice to the person to be served. Service made pursuant to this subdivision shall be deemed complete at the time of such delivery. Personal service to a corporation may be made by delivery of a notice to any person designated in the Code of Civil Procedure to be served for the corporation with summons and complaint in a civil action. |
|---|
| 536 | 548 | | |
|---|
| 537 | 549 | | (c) (1) By delivering the notice electronically via secure transmission when either of the following applies: |
|---|
| 538 | 550 | | |
|---|
| 539 | 551 | | (A) The taxpayer requests the notice of determination to be sent electronically via secure transmission. |
|---|
| 540 | 552 | | |
|---|
| 541 | 553 | | (B) The department has evidence that the taxpayer no longer receives mail at the address of record and has previously provided an address for electronic mail. |
|---|
| 542 | 554 | | |
|---|
| 543 | 555 | | (2) Service provided pursuant to paragraph (1) shall be deemed complete at the time the department electronically transmits the notice via the taxpayers secure web portal, without extension of time for any reason. |
|---|
| 544 | 556 | | |
|---|
| 545 | 557 | | SEC. 23. Section 8782 of the Revenue and Taxation Code is amended to read:8782. Except in the case of fraud, intent to evade the tax, or failure to make a return, every notice of a deficiency determination shall be served within three years after the last day of the calendar month following the period for which the return was due or within three years after the return is filed, whichever period expires later. If the user fails to make a return, the notice of determination shall be served within eight years after the last day of the month following the period for which the return was due. |
|---|
| 546 | 558 | | |
|---|
| 547 | 559 | | SEC. 23. Section 8782 of the Revenue and Taxation Code is amended to read: |
|---|
| 548 | 560 | | |
|---|
| 549 | 561 | | ### SEC. 23. |
|---|
| 550 | 562 | | |
|---|
| 551 | 563 | | 8782. Except in the case of fraud, intent to evade the tax, or failure to make a return, every notice of a deficiency determination shall be served within three years after the last day of the calendar month following the period for which the return was due or within three years after the return is filed, whichever period expires later. If the user fails to make a return, the notice of determination shall be served within eight years after the last day of the month following the period for which the return was due. |
|---|
| 552 | 564 | | |
|---|
| 553 | 565 | | 8782. Except in the case of fraud, intent to evade the tax, or failure to make a return, every notice of a deficiency determination shall be served within three years after the last day of the calendar month following the period for which the return was due or within three years after the return is filed, whichever period expires later. If the user fails to make a return, the notice of determination shall be served within eight years after the last day of the month following the period for which the return was due. |
|---|
| 554 | 566 | | |
|---|
| 555 | 567 | | 8782. Except in the case of fraud, intent to evade the tax, or failure to make a return, every notice of a deficiency determination shall be served within three years after the last day of the calendar month following the period for which the return was due or within three years after the return is filed, whichever period expires later. If the user fails to make a return, the notice of determination shall be served within eight years after the last day of the month following the period for which the return was due. |
|---|
| 556 | 568 | | |
|---|
| 557 | 569 | | |
|---|
| 558 | 570 | | |
|---|
| 559 | 571 | | 8782. Except in the case of fraud, intent to evade the tax, or failure to make a return, every notice of a deficiency determination shall be served within three years after the last day of the calendar month following the period for which the return was due or within three years after the return is filed, whichever period expires later. If the user fails to make a return, the notice of determination shall be served within eight years after the last day of the month following the period for which the return was due. |
|---|
| 560 | 572 | | |
|---|
| 561 | 573 | | SEC. 24. Section 8782.1 of the Revenue and Taxation Code is amended to read:8782.1. In the case of a deficiency arising under this part during the lifetime of a decedent, a notice of deficiency determination shall be served within four months after written request therefor, in the form required by the department, by the fiduciary of the estate or trust or by any other person liable for the tax or any portion thereof. |
|---|
| 562 | 574 | | |
|---|
| 563 | 575 | | SEC. 24. Section 8782.1 of the Revenue and Taxation Code is amended to read: |
|---|
| 564 | 576 | | |
|---|
| 565 | 577 | | ### SEC. 24. |
|---|
| 566 | 578 | | |
|---|
| 567 | 579 | | 8782.1. In the case of a deficiency arising under this part during the lifetime of a decedent, a notice of deficiency determination shall be served within four months after written request therefor, in the form required by the department, by the fiduciary of the estate or trust or by any other person liable for the tax or any portion thereof. |
|---|
| 568 | 580 | | |
|---|
| 569 | 581 | | 8782.1. In the case of a deficiency arising under this part during the lifetime of a decedent, a notice of deficiency determination shall be served within four months after written request therefor, in the form required by the department, by the fiduciary of the estate or trust or by any other person liable for the tax or any portion thereof. |
|---|
| 570 | 582 | | |
|---|
| 571 | 583 | | 8782.1. In the case of a deficiency arising under this part during the lifetime of a decedent, a notice of deficiency determination shall be served within four months after written request therefor, in the form required by the department, by the fiduciary of the estate or trust or by any other person liable for the tax or any portion thereof. |
|---|
| 572 | 584 | | |
|---|
| 573 | 585 | | |
|---|
| 574 | 586 | | |
|---|
| 575 | 587 | | 8782.1. In the case of a deficiency arising under this part during the lifetime of a decedent, a notice of deficiency determination shall be served within four months after written request therefor, in the form required by the department, by the fiduciary of the estate or trust or by any other person liable for the tax or any portion thereof. |
|---|
| 576 | 588 | | |
|---|
| 577 | 589 | | SEC. 25. Section 8783 of the Revenue and Taxation Code is amended to read:8783. If before the expiration of the time prescribed in Section 8782 for serving a notice of deficiency determination the taxpayer has consented in writing to the service of the notice after such time, the notice may be served at any time prior to the expiration of the period agreed upon. The period so agreed upon may be extended by subsequent agreements in writing made before the expiration of the period previously agreed upon. |
|---|
| 578 | 590 | | |
|---|
| 579 | 591 | | SEC. 25. Section 8783 of the Revenue and Taxation Code is amended to read: |
|---|
| 580 | 592 | | |
|---|
| 581 | 593 | | ### SEC. 25. |
|---|
| 582 | 594 | | |
|---|
| 583 | 595 | | 8783. If before the expiration of the time prescribed in Section 8782 for serving a notice of deficiency determination the taxpayer has consented in writing to the service of the notice after such time, the notice may be served at any time prior to the expiration of the period agreed upon. The period so agreed upon may be extended by subsequent agreements in writing made before the expiration of the period previously agreed upon. |
|---|
| 584 | 596 | | |
|---|
| 585 | 597 | | 8783. If before the expiration of the time prescribed in Section 8782 for serving a notice of deficiency determination the taxpayer has consented in writing to the service of the notice after such time, the notice may be served at any time prior to the expiration of the period agreed upon. The period so agreed upon may be extended by subsequent agreements in writing made before the expiration of the period previously agreed upon. |
|---|
| 586 | 598 | | |
|---|
| 587 | 599 | | 8783. If before the expiration of the time prescribed in Section 8782 for serving a notice of deficiency determination the taxpayer has consented in writing to the service of the notice after such time, the notice may be served at any time prior to the expiration of the period agreed upon. The period so agreed upon may be extended by subsequent agreements in writing made before the expiration of the period previously agreed upon. |
|---|
| 588 | 600 | | |
|---|
| 589 | 601 | | |
|---|
| 590 | 602 | | |
|---|
| 591 | 603 | | 8783. If before the expiration of the time prescribed in Section 8782 for serving a notice of deficiency determination the taxpayer has consented in writing to the service of the notice after such time, the notice may be served at any time prior to the expiration of the period agreed upon. The period so agreed upon may be extended by subsequent agreements in writing made before the expiration of the period previously agreed upon. |
|---|
| 592 | 604 | | |
|---|
| 593 | 605 | | SEC. 26. Section 8805 of the Revenue and Taxation Code is amended to read:8805. Promptly after making its determination the department shall give to the user written notice of its estimate and determination, the notice to be served in the manner prescribed for service of notice of a deficiency determination. |
|---|
| 594 | 606 | | |
|---|
| 595 | 607 | | SEC. 26. Section 8805 of the Revenue and Taxation Code is amended to read: |
|---|
| 596 | 608 | | |
|---|
| 597 | 609 | | ### SEC. 26. |
|---|
| 598 | 610 | | |
|---|
| 599 | 611 | | 8805. Promptly after making its determination the department shall give to the user written notice of its estimate and determination, the notice to be served in the manner prescribed for service of notice of a deficiency determination. |
|---|
| 600 | 612 | | |
|---|
| 601 | 613 | | 8805. Promptly after making its determination the department shall give to the user written notice of its estimate and determination, the notice to be served in the manner prescribed for service of notice of a deficiency determination. |
|---|
| 602 | 614 | | |
|---|
| 603 | 615 | | 8805. Promptly after making its determination the department shall give to the user written notice of its estimate and determination, the notice to be served in the manner prescribed for service of notice of a deficiency determination. |
|---|
| 604 | 616 | | |
|---|
| 605 | 617 | | |
|---|
| 606 | 618 | | |
|---|
| 607 | 619 | | 8805. Promptly after making its determination the department shall give to the user written notice of its estimate and determination, the notice to be served in the manner prescribed for service of notice of a deficiency determination. |
|---|
| 608 | 620 | | |
|---|
| 609 | 621 | | SEC. 27. Section 8829 of the Revenue and Taxation Code is amended to read:8829. Any notice required by this article may be served in the manner prescribed for service of notice of a deficiency determination. |
|---|
| 610 | 622 | | |
|---|
| 611 | 623 | | SEC. 27. Section 8829 of the Revenue and Taxation Code is amended to read: |
|---|
| 612 | 624 | | |
|---|
| 613 | 625 | | ### SEC. 27. |
|---|
| 614 | 626 | | |
|---|
| 615 | 627 | | 8829. Any notice required by this article may be served in the manner prescribed for service of notice of a deficiency determination. |
|---|
| 616 | 628 | | |
|---|
| 617 | 629 | | 8829. Any notice required by this article may be served in the manner prescribed for service of notice of a deficiency determination. |
|---|
| 618 | 630 | | |
|---|
| 619 | 631 | | 8829. Any notice required by this article may be served in the manner prescribed for service of notice of a deficiency determination. |
|---|
| 620 | 632 | | |
|---|
| 621 | 633 | | |
|---|
| 622 | 634 | | |
|---|
| 623 | 635 | | 8829. Any notice required by this article may be served in the manner prescribed for service of notice of a deficiency determination. |
|---|
| 624 | 636 | | |
|---|
| 625 | 637 | | SEC. 28. Section 8853 of the Revenue and Taxation Code is amended to read:8853. The order or decision of the department upon a petition for redetermination becomes final 30 days after serving of notice thereof. |
|---|
| 626 | 638 | | |
|---|
| 627 | 639 | | SEC. 28. Section 8853 of the Revenue and Taxation Code is amended to read: |
|---|
| 628 | 640 | | |
|---|
| 629 | 641 | | ### SEC. 28. |
|---|
| 630 | 642 | | |
|---|
| 631 | 643 | | 8853. The order or decision of the department upon a petition for redetermination becomes final 30 days after serving of notice thereof. |
|---|
| 632 | 644 | | |
|---|
| 633 | 645 | | 8853. The order or decision of the department upon a petition for redetermination becomes final 30 days after serving of notice thereof. |
|---|
| 634 | 646 | | |
|---|
| 635 | 647 | | 8853. The order or decision of the department upon a petition for redetermination becomes final 30 days after serving of notice thereof. |
|---|
| 636 | 648 | | |
|---|
| 637 | 649 | | |
|---|
| 638 | 650 | | |
|---|
| 639 | 651 | | 8853. The order or decision of the department upon a petition for redetermination becomes final 30 days after serving of notice thereof. |
|---|
| 640 | 652 | | |
|---|
| 641 | 653 | | SEC. 29. Section 8855 of the Revenue and Taxation Code is amended to read:8855. Any notice required by this article shall be served in the manner prescribed for service of notice of a deficiency determination. |
|---|
| 642 | 654 | | |
|---|
| 643 | 655 | | SEC. 29. Section 8855 of the Revenue and Taxation Code is amended to read: |
|---|
| 644 | 656 | | |
|---|
| 645 | 657 | | ### SEC. 29. |
|---|
| 646 | 658 | | |
|---|
| 647 | 659 | | 8855. Any notice required by this article shall be served in the manner prescribed for service of notice of a deficiency determination. |
|---|
| 648 | 660 | | |
|---|
| 649 | 661 | | 8855. Any notice required by this article shall be served in the manner prescribed for service of notice of a deficiency determination. |
|---|
| 650 | 662 | | |
|---|
| 651 | 663 | | 8855. Any notice required by this article shall be served in the manner prescribed for service of notice of a deficiency determination. |
|---|
| 652 | 664 | | |
|---|
| 653 | 665 | | |
|---|
| 654 | 666 | | |
|---|
| 655 | 667 | | 8855. Any notice required by this article shall be served in the manner prescribed for service of notice of a deficiency determination. |
|---|
| 656 | 668 | | |
|---|
| 657 | 669 | | SEC. 30. Section 8951 of the Revenue and Taxation Code is amended to read:8951. The department, whenever it deems it necessary to ensure compliance with this part or any rule or regulation adopted under this part, may require any user or vendor to deposit with it any security that it may determine. Any security in the form of cash, government bonds, or insured deposits in banks and savings and loan institutions shall be held by the department in trust to be used solely in the manner provided for by this section and Section 8956. The department may sell the security at public sale if it becomes necessary in order to recover any amount due under this part. Notice of the sale may be served upon the person who deposited the security in the manner prescribed for service of notice of a deficiency determination. Upon any sale, any surplus above the amount due shall be returned to the person who deposited the security. |
|---|
| 658 | 670 | | |
|---|
| 659 | 671 | | SEC. 30. Section 8951 of the Revenue and Taxation Code is amended to read: |
|---|
| 660 | 672 | | |
|---|
| 661 | 673 | | ### SEC. 30. |
|---|
| 662 | 674 | | |
|---|
| 663 | 675 | | 8951. The department, whenever it deems it necessary to ensure compliance with this part or any rule or regulation adopted under this part, may require any user or vendor to deposit with it any security that it may determine. Any security in the form of cash, government bonds, or insured deposits in banks and savings and loan institutions shall be held by the department in trust to be used solely in the manner provided for by this section and Section 8956. The department may sell the security at public sale if it becomes necessary in order to recover any amount due under this part. Notice of the sale may be served upon the person who deposited the security in the manner prescribed for service of notice of a deficiency determination. Upon any sale, any surplus above the amount due shall be returned to the person who deposited the security. |
|---|
| 664 | 676 | | |
|---|
| 665 | 677 | | 8951. The department, whenever it deems it necessary to ensure compliance with this part or any rule or regulation adopted under this part, may require any user or vendor to deposit with it any security that it may determine. Any security in the form of cash, government bonds, or insured deposits in banks and savings and loan institutions shall be held by the department in trust to be used solely in the manner provided for by this section and Section 8956. The department may sell the security at public sale if it becomes necessary in order to recover any amount due under this part. Notice of the sale may be served upon the person who deposited the security in the manner prescribed for service of notice of a deficiency determination. Upon any sale, any surplus above the amount due shall be returned to the person who deposited the security. |
|---|
| 666 | 678 | | |
|---|
| 667 | 679 | | 8951. The department, whenever it deems it necessary to ensure compliance with this part or any rule or regulation adopted under this part, may require any user or vendor to deposit with it any security that it may determine. Any security in the form of cash, government bonds, or insured deposits in banks and savings and loan institutions shall be held by the department in trust to be used solely in the manner provided for by this section and Section 8956. The department may sell the security at public sale if it becomes necessary in order to recover any amount due under this part. Notice of the sale may be served upon the person who deposited the security in the manner prescribed for service of notice of a deficiency determination. Upon any sale, any surplus above the amount due shall be returned to the person who deposited the security. |
|---|
| 668 | 680 | | |
|---|
| 669 | 681 | | |
|---|
| 670 | 682 | | |
|---|
| 671 | 683 | | 8951. The department, whenever it deems it necessary to ensure compliance with this part or any rule or regulation adopted under this part, may require any user or vendor to deposit with it any security that it may determine. Any security in the form of cash, government bonds, or insured deposits in banks and savings and loan institutions shall be held by the department in trust to be used solely in the manner provided for by this section and Section 8956. The department may sell the security at public sale if it becomes necessary in order to recover any amount due under this part. Notice of the sale may be served upon the person who deposited the security in the manner prescribed for service of notice of a deficiency determination. Upon any sale, any surplus above the amount due shall be returned to the person who deposited the security. |
|---|
| 672 | 684 | | |
|---|
| 673 | 685 | | SEC. 31. Section 9184 of the Revenue and Taxation Code is amended to read:9184. (a) Notwithstanding any other provision of this part, if the department finds that neither the person liable for payment of tax nor any party related to that person has in any way caused an erroneous refund for which an action for recovery is provided under Section 9181, no interest shall be imposed on the amount of that erroneous refund until 30 days after the date on which the department serves a notice of determination for repayment of the erroneous refund to the person. The act of filing a claim for refund shall not be considered as causing the erroneous refund.(b) This section shall be operative for any action for recovery under Section 9181 on or after January 1, 2000. |
|---|
| 674 | 686 | | |
|---|
| 675 | 687 | | SEC. 31. Section 9184 of the Revenue and Taxation Code is amended to read: |
|---|
| 676 | 688 | | |
|---|
| 677 | 689 | | ### SEC. 31. |
|---|
| 678 | 690 | | |
|---|
| 679 | 691 | | 9184. (a) Notwithstanding any other provision of this part, if the department finds that neither the person liable for payment of tax nor any party related to that person has in any way caused an erroneous refund for which an action for recovery is provided under Section 9181, no interest shall be imposed on the amount of that erroneous refund until 30 days after the date on which the department serves a notice of determination for repayment of the erroneous refund to the person. The act of filing a claim for refund shall not be considered as causing the erroneous refund.(b) This section shall be operative for any action for recovery under Section 9181 on or after January 1, 2000. |
|---|
| 680 | 692 | | |
|---|
| 681 | 693 | | 9184. (a) Notwithstanding any other provision of this part, if the department finds that neither the person liable for payment of tax nor any party related to that person has in any way caused an erroneous refund for which an action for recovery is provided under Section 9181, no interest shall be imposed on the amount of that erroneous refund until 30 days after the date on which the department serves a notice of determination for repayment of the erroneous refund to the person. The act of filing a claim for refund shall not be considered as causing the erroneous refund.(b) This section shall be operative for any action for recovery under Section 9181 on or after January 1, 2000. |
|---|
| 682 | 694 | | |
|---|
| 683 | 695 | | 9184. (a) Notwithstanding any other provision of this part, if the department finds that neither the person liable for payment of tax nor any party related to that person has in any way caused an erroneous refund for which an action for recovery is provided under Section 9181, no interest shall be imposed on the amount of that erroneous refund until 30 days after the date on which the department serves a notice of determination for repayment of the erroneous refund to the person. The act of filing a claim for refund shall not be considered as causing the erroneous refund.(b) This section shall be operative for any action for recovery under Section 9181 on or after January 1, 2000. |
|---|
| 684 | 696 | | |
|---|
| 685 | 697 | | |
|---|
| 686 | 698 | | |
|---|
| 687 | 699 | | 9184. (a) Notwithstanding any other provision of this part, if the department finds that neither the person liable for payment of tax nor any party related to that person has in any way caused an erroneous refund for which an action for recovery is provided under Section 9181, no interest shall be imposed on the amount of that erroneous refund until 30 days after the date on which the department serves a notice of determination for repayment of the erroneous refund to the person. The act of filing a claim for refund shall not be considered as causing the erroneous refund. |
|---|
| 688 | 700 | | |
|---|
| 689 | 701 | | (b) This section shall be operative for any action for recovery under Section 9181 on or after January 1, 2000. |
|---|
| 690 | 702 | | |
|---|
| 691 | 703 | | SEC. 32. Section 12951 of the Revenue and Taxation Code is amended to read:12951. (a) If any amount has been illegally assessed, the board shall set forth that fact in its records, certify the amount determined to be assessed in excess of the amount legally assessed and the insurer or surplus line broker against which the assessment was made, and authorize the cancellation of the amount upon the records of the Controller and the board. The board shall mail a notice to the insurer or surplus line broker of any cancellation authorized. Any 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 after the effective date of that determination.(b) This section shall become operative on July 1, 2013. |
|---|
| 692 | 704 | | |
|---|
| 693 | 705 | | SEC. 32. Section 12951 of the Revenue and Taxation Code is amended to read: |
|---|
| 694 | 706 | | |
|---|
| 695 | 707 | | ### SEC. 32. |
|---|
| 696 | 708 | | |
|---|
| 697 | 709 | | 12951. (a) If any amount has been illegally assessed, the board shall set forth that fact in its records, certify the amount determined to be assessed in excess of the amount legally assessed and the insurer or surplus line broker against which the assessment was made, and authorize the cancellation of the amount upon the records of the Controller and the board. The board shall mail a notice to the insurer or surplus line broker of any cancellation authorized. Any 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 after the effective date of that determination.(b) This section shall become operative on July 1, 2013. |
|---|
| 698 | 710 | | |
|---|
| 699 | 711 | | 12951. (a) If any amount has been illegally assessed, the board shall set forth that fact in its records, certify the amount determined to be assessed in excess of the amount legally assessed and the insurer or surplus line broker against which the assessment was made, and authorize the cancellation of the amount upon the records of the Controller and the board. The board shall mail a notice to the insurer or surplus line broker of any cancellation authorized. Any 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 after the effective date of that determination.(b) This section shall become operative on July 1, 2013. |
|---|
| 700 | 712 | | |
|---|
| 701 | 713 | | 12951. (a) If any amount has been illegally assessed, the board shall set forth that fact in its records, certify the amount determined to be assessed in excess of the amount legally assessed and the insurer or surplus line broker against which the assessment was made, and authorize the cancellation of the amount upon the records of the Controller and the board. The board shall mail a notice to the insurer or surplus line broker of any cancellation authorized. Any 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 after the effective date of that determination.(b) This section shall become operative on July 1, 2013. |
|---|
| 702 | 714 | | |
|---|
| 703 | 715 | | |
|---|
| 704 | 716 | | |
|---|
| 705 | 717 | | 12951. (a) If any amount has been illegally assessed, the board shall set forth that fact in its records, certify the amount determined to be assessed in excess of the amount legally assessed and the insurer or surplus line broker against which the assessment was made, and authorize the cancellation of the amount upon the records of the Controller and the board. The board shall mail a notice to the insurer or surplus line broker of any cancellation authorized. Any 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 after the effective date of that determination. |
|---|
| 706 | 718 | | |
|---|
| 707 | 719 | | (b) This section shall become operative on July 1, 2013. |
|---|
| 708 | 720 | | |
|---|
| 709 | 721 | | SEC. 33. 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, 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 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 after the effective date of that determination.(d) This section shall become operative on July 1, 2013. |
|---|
| 710 | 722 | | |
|---|
| 711 | 723 | | SEC. 33. Section 12977 of the Revenue and Taxation Code is amended to read: |
|---|
| 712 | 724 | | |
|---|
| 713 | 725 | | ### SEC. 33. |
|---|
| 714 | 726 | | |
|---|
| 715 | 727 | | 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, 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 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 after the effective date of that determination.(d) This section shall become operative on July 1, 2013. |
|---|
| 716 | 728 | | |
|---|
| 717 | 729 | | 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, 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 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 after the effective date of that determination.(d) This section shall become operative on July 1, 2013. |
|---|
| 718 | 730 | | |
|---|
| 719 | 731 | | 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, 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 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 after the effective date of that determination.(d) This section shall become operative on July 1, 2013. |
|---|
| 720 | 732 | | |
|---|
| 721 | 733 | | |
|---|
| 722 | 734 | | |
|---|
| 723 | 735 | | 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, and certify the excess to the Controller for credit or refund. |
|---|
| 724 | 736 | | |
|---|
| 725 | 737 | | (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. |
|---|
| 726 | 738 | | |
|---|
| 727 | 739 | | (c) Any 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 after the effective date of that determination. |
|---|
| 728 | 740 | | |
|---|
| 729 | 741 | | (d) This section shall become operative on July 1, 2013. |
|---|
| 730 | 742 | | |
|---|
| 731 | 743 | | SEC. 34. Section 30206 of the Revenue and Taxation Code is amended to read:30206. The department shall give the person written notice of its determination. The notice shall be served in one of the following manners:(a) By placing the notice in a sealed envelope, with postage paid, addressed to the person at their address as it appears in the records of the department. Service made pursuant to this subdivision shall be deemed complete at the time of deposit of the notice in the United States Post Office, or a mailbox, sub-post office, substation, or mail chute, or other facility regularly maintained or provided by the United States Postal Service, without extension of time for any reason.(b) By personally delivering the notice to the person to be served. Service made pursuant to this subdivision shall be deemed complete at the time of such delivery. Personal service to a corporation may be made by delivery of a notice to any person designated in the Code of Civil Procedure to be served for the corporation with summons and complaint in a civil action.(c) (1) By delivering the notice electronically via secure transmission when either of the following applies:(A) The taxpayer requests the notice of determination to be sent electronically via secure transmission.(B) The department has evidence that the taxpayer no longer receives mail at the address of record and has previously provided an address for electronic mail.(2) Service provided pursuant to paragraph (1) shall be deemed complete at the time the department electronically transmits the notice via the taxpayers secure web portal, without extension of time for any reason. |
|---|
| 732 | 744 | | |
|---|
| 733 | 745 | | SEC. 34. Section 30206 of the Revenue and Taxation Code is amended to read: |
|---|
| 734 | 746 | | |
|---|
| 735 | 747 | | ### SEC. 34. |
|---|
| 736 | 748 | | |
|---|
| 737 | 749 | | 30206. The department shall give the person written notice of its determination. The notice shall be served in one of the following manners:(a) By placing the notice in a sealed envelope, with postage paid, addressed to the person at their address as it appears in the records of the department. Service made pursuant to this subdivision shall be deemed complete at the time of deposit of the notice in the United States Post Office, or a mailbox, sub-post office, substation, or mail chute, or other facility regularly maintained or provided by the United States Postal Service, without extension of time for any reason.(b) By personally delivering the notice to the person to be served. Service made pursuant to this subdivision shall be deemed complete at the time of such delivery. Personal service to a corporation may be made by delivery of a notice to any person designated in the Code of Civil Procedure to be served for the corporation with summons and complaint in a civil action.(c) (1) By delivering the notice electronically via secure transmission when either of the following applies:(A) The taxpayer requests the notice of determination to be sent electronically via secure transmission.(B) The department has evidence that the taxpayer no longer receives mail at the address of record and has previously provided an address for electronic mail.(2) Service provided pursuant to paragraph (1) shall be deemed complete at the time the department electronically transmits the notice via the taxpayers secure web portal, without extension of time for any reason. |
|---|
| 738 | 750 | | |
|---|
| 739 | 751 | | 30206. The department shall give the person written notice of its determination. The notice shall be served in one of the following manners:(a) By placing the notice in a sealed envelope, with postage paid, addressed to the person at their address as it appears in the records of the department. Service made pursuant to this subdivision shall be deemed complete at the time of deposit of the notice in the United States Post Office, or a mailbox, sub-post office, substation, or mail chute, or other facility regularly maintained or provided by the United States Postal Service, without extension of time for any reason.(b) By personally delivering the notice to the person to be served. Service made pursuant to this subdivision shall be deemed complete at the time of such delivery. Personal service to a corporation may be made by delivery of a notice to any person designated in the Code of Civil Procedure to be served for the corporation with summons and complaint in a civil action.(c) (1) By delivering the notice electronically via secure transmission when either of the following applies:(A) The taxpayer requests the notice of determination to be sent electronically via secure transmission.(B) The department has evidence that the taxpayer no longer receives mail at the address of record and has previously provided an address for electronic mail.(2) Service provided pursuant to paragraph (1) shall be deemed complete at the time the department electronically transmits the notice via the taxpayers secure web portal, without extension of time for any reason. |
|---|
| 740 | 752 | | |
|---|
| 741 | 753 | | 30206. The department shall give the person written notice of its determination. The notice shall be served in one of the following manners:(a) By placing the notice in a sealed envelope, with postage paid, addressed to the person at their address as it appears in the records of the department. Service made pursuant to this subdivision shall be deemed complete at the time of deposit of the notice in the United States Post Office, or a mailbox, sub-post office, substation, or mail chute, or other facility regularly maintained or provided by the United States Postal Service, without extension of time for any reason.(b) By personally delivering the notice to the person to be served. Service made pursuant to this subdivision shall be deemed complete at the time of such delivery. Personal service to a corporation may be made by delivery of a notice to any person designated in the Code of Civil Procedure to be served for the corporation with summons and complaint in a civil action.(c) (1) By delivering the notice electronically via secure transmission when either of the following applies:(A) The taxpayer requests the notice of determination to be sent electronically via secure transmission.(B) The department has evidence that the taxpayer no longer receives mail at the address of record and has previously provided an address for electronic mail.(2) Service provided pursuant to paragraph (1) shall be deemed complete at the time the department electronically transmits the notice via the taxpayers secure web portal, without extension of time for any reason. |
|---|
| 742 | 754 | | |
|---|
| 743 | 755 | | |
|---|
| 744 | 756 | | |
|---|
| 745 | 757 | | 30206. The department shall give the person written notice of its determination. The notice shall be served in one of the following manners: |
|---|
| 746 | 758 | | |
|---|
| 747 | 759 | | (a) By placing the notice in a sealed envelope, with postage paid, addressed to the person at their address as it appears in the records of the department. Service made pursuant to this subdivision shall be deemed complete at the time of deposit of the notice in the United States Post Office, or a mailbox, sub-post office, substation, or mail chute, or other facility regularly maintained or provided by the United States Postal Service, without extension of time for any reason. |
|---|
| 748 | 760 | | |
|---|
| 749 | 761 | | (b) By personally delivering the notice to the person to be served. Service made pursuant to this subdivision shall be deemed complete at the time of such delivery. Personal service to a corporation may be made by delivery of a notice to any person designated in the Code of Civil Procedure to be served for the corporation with summons and complaint in a civil action. |
|---|
| 750 | 762 | | |
|---|
| 751 | 763 | | (c) (1) By delivering the notice electronically via secure transmission when either of the following applies: |
|---|
| 752 | 764 | | |
|---|
| 753 | 765 | | (A) The taxpayer requests the notice of determination to be sent electronically via secure transmission. |
|---|
| 754 | 766 | | |
|---|
| 755 | 767 | | (B) The department has evidence that the taxpayer no longer receives mail at the address of record and has previously provided an address for electronic mail. |
|---|
| 756 | 768 | | |
|---|
| 757 | 769 | | (2) Service provided pursuant to paragraph (1) shall be deemed complete at the time the department electronically transmits the notice via the taxpayers secure web portal, without extension of time for any reason. |
|---|
| 758 | 770 | | |
|---|
| 759 | 771 | | SEC. 35. Section 30207 of the Revenue and Taxation Code is amended to read:30207. Except in the case of fraud, intent to evade the tax, or failure to make a report or return, every notice of a deficiency determination shall be served within three years after the 25th day of the month following the month for which the amount should have been paid or the report or return was due, or within three years after the report or return was filed, whichever period expires later. In the case of failure to make a report or return, the notice of determination shall be served within eight years after the date the report or return was due. |
|---|
| 760 | 772 | | |
|---|
| 761 | 773 | | SEC. 35. Section 30207 of the Revenue and Taxation Code is amended to read: |
|---|
| 762 | 774 | | |
|---|
| 763 | 775 | | ### SEC. 35. |
|---|
| 764 | 776 | | |
|---|
| 765 | 777 | | 30207. Except in the case of fraud, intent to evade the tax, or failure to make a report or return, every notice of a deficiency determination shall be served within three years after the 25th day of the month following the month for which the amount should have been paid or the report or return was due, or within three years after the report or return was filed, whichever period expires later. In the case of failure to make a report or return, the notice of determination shall be served within eight years after the date the report or return was due. |
|---|
| 766 | 778 | | |
|---|
| 767 | 779 | | 30207. Except in the case of fraud, intent to evade the tax, or failure to make a report or return, every notice of a deficiency determination shall be served within three years after the 25th day of the month following the month for which the amount should have been paid or the report or return was due, or within three years after the report or return was filed, whichever period expires later. In the case of failure to make a report or return, the notice of determination shall be served within eight years after the date the report or return was due. |
|---|
| 768 | 780 | | |
|---|
| 769 | 781 | | 30207. Except in the case of fraud, intent to evade the tax, or failure to make a report or return, every notice of a deficiency determination shall be served within three years after the 25th day of the month following the month for which the amount should have been paid or the report or return was due, or within three years after the report or return was filed, whichever period expires later. In the case of failure to make a report or return, the notice of determination shall be served within eight years after the date the report or return was due. |
|---|
| 770 | 782 | | |
|---|
| 771 | 783 | | |
|---|
| 772 | 784 | | |
|---|
| 773 | 785 | | 30207. Except in the case of fraud, intent to evade the tax, or failure to make a report or return, every notice of a deficiency determination shall be served within three years after the 25th day of the month following the month for which the amount should have been paid or the report or return was due, or within three years after the report or return was filed, whichever period expires later. In the case of failure to make a report or return, the notice of determination shall be served within eight years after the date the report or return was due. |
|---|
| 774 | 786 | | |
|---|
| 775 | 787 | | SEC. 36. Section 30207.1 of the Revenue and Taxation Code is amended to read:30207.1. In the case of a deficiency arising under this part during the lifetime of a decedent, a notice of deficiency determination shall be served within four months after written request therefor, in the form required by the department, by the fiduciary of the estate or trust or by any other person liable for the tax or any portion thereof. |
|---|
| 776 | 788 | | |
|---|
| 777 | 789 | | SEC. 36. Section 30207.1 of the Revenue and Taxation Code is amended to read: |
|---|
| 778 | 790 | | |
|---|
| 779 | 791 | | ### SEC. 36. |
|---|
| 780 | 792 | | |
|---|
| 781 | 793 | | 30207.1. In the case of a deficiency arising under this part during the lifetime of a decedent, a notice of deficiency determination shall be served within four months after written request therefor, in the form required by the department, by the fiduciary of the estate or trust or by any other person liable for the tax or any portion thereof. |
|---|
| 782 | 794 | | |
|---|
| 783 | 795 | | 30207.1. In the case of a deficiency arising under this part during the lifetime of a decedent, a notice of deficiency determination shall be served within four months after written request therefor, in the form required by the department, by the fiduciary of the estate or trust or by any other person liable for the tax or any portion thereof. |
|---|
| 784 | 796 | | |
|---|
| 785 | 797 | | 30207.1. In the case of a deficiency arising under this part during the lifetime of a decedent, a notice of deficiency determination shall be served within four months after written request therefor, in the form required by the department, by the fiduciary of the estate or trust or by any other person liable for the tax or any portion thereof. |
|---|
| 786 | 798 | | |
|---|
| 787 | 799 | | |
|---|
| 788 | 800 | | |
|---|
| 789 | 801 | | 30207.1. In the case of a deficiency arising under this part during the lifetime of a decedent, a notice of deficiency determination shall be served within four months after written request therefor, in the form required by the department, by the fiduciary of the estate or trust or by any other person liable for the tax or any portion thereof. |
|---|
| 790 | 802 | | |
|---|
| 791 | 803 | | SEC. 37. Section 30208 of the Revenue and Taxation Code is amended to read:30208. If before the expiration of the time prescribed in Section 30207 for serving a notice of deficiency determination the taxpayer has consented in writing to the service of the notice after such time, the notice may be served at any time prior to the expiration of the period agreed upon. The period so agreed upon may be extended by subsequent agreements in writing made before the expiration of the period previously agreed upon. |
|---|
| 792 | 804 | | |
|---|
| 793 | 805 | | SEC. 37. Section 30208 of the Revenue and Taxation Code is amended to read: |
|---|
| 794 | 806 | | |
|---|
| 795 | 807 | | ### SEC. 37. |
|---|
| 796 | 808 | | |
|---|
| 797 | 809 | | 30208. If before the expiration of the time prescribed in Section 30207 for serving a notice of deficiency determination the taxpayer has consented in writing to the service of the notice after such time, the notice may be served at any time prior to the expiration of the period agreed upon. The period so agreed upon may be extended by subsequent agreements in writing made before the expiration of the period previously agreed upon. |
|---|
| 798 | 810 | | |
|---|
| 799 | 811 | | 30208. If before the expiration of the time prescribed in Section 30207 for serving a notice of deficiency determination the taxpayer has consented in writing to the service of the notice after such time, the notice may be served at any time prior to the expiration of the period agreed upon. The period so agreed upon may be extended by subsequent agreements in writing made before the expiration of the period previously agreed upon. |
|---|
| 800 | 812 | | |
|---|
| 801 | 813 | | 30208. If before the expiration of the time prescribed in Section 30207 for serving a notice of deficiency determination the taxpayer has consented in writing to the service of the notice after such time, the notice may be served at any time prior to the expiration of the period agreed upon. The period so agreed upon may be extended by subsequent agreements in writing made before the expiration of the period previously agreed upon. |
|---|
| 802 | 814 | | |
|---|
| 803 | 815 | | |
|---|
| 804 | 816 | | |
|---|
| 805 | 817 | | 30208. If before the expiration of the time prescribed in Section 30207 for serving a notice of deficiency determination the taxpayer has consented in writing to the service of the notice after such time, the notice may be served at any time prior to the expiration of the period agreed upon. The period so agreed upon may be extended by subsequent agreements in writing made before the expiration of the period previously agreed upon. |
|---|
| 806 | 818 | | |
|---|
| 807 | 819 | | SEC. 38. Section 30225 of the Revenue and Taxation Code is amended to read:30225. Promptly after making its determination the department shall give to the person written notice of its estimate and determination, and of the penalty, the notice to be served in the manner prescribed for service of notice of a deficiency determination. |
|---|
| 808 | 820 | | |
|---|
| 809 | 821 | | SEC. 38. Section 30225 of the Revenue and Taxation Code is amended to read: |
|---|
| 810 | 822 | | |
|---|
| 811 | 823 | | ### SEC. 38. |
|---|
| 812 | 824 | | |
|---|
| 813 | 825 | | 30225. Promptly after making its determination the department shall give to the person written notice of its estimate and determination, and of the penalty, the notice to be served in the manner prescribed for service of notice of a deficiency determination. |
|---|
| 814 | 826 | | |
|---|
| 815 | 827 | | 30225. Promptly after making its determination the department shall give to the person written notice of its estimate and determination, and of the penalty, the notice to be served in the manner prescribed for service of notice of a deficiency determination. |
|---|
| 816 | 828 | | |
|---|
| 817 | 829 | | 30225. Promptly after making its determination the department shall give to the person written notice of its estimate and determination, and of the penalty, the notice to be served in the manner prescribed for service of notice of a deficiency determination. |
|---|
| 818 | 830 | | |
|---|
| 819 | 831 | | |
|---|
| 820 | 832 | | |
|---|
| 821 | 833 | | 30225. Promptly after making its determination the department shall give to the person written notice of its estimate and determination, and of the penalty, the notice to be served in the manner prescribed for service of notice of a deficiency determination. |
|---|
| 822 | 834 | | |
|---|
| 823 | 835 | | SEC. 39. Section 30243 of the Revenue and Taxation Code is amended to read:30243. The person against whom a jeopardy determination is made may petition for the redetermination thereof pursuant to Article 5 of this chapter. They shall, however, file the petition for redetermination with the department within 10 days after the service upon them of notice of the determination. The person shall at the time of filing the petition for redetermination deposit with the department such security as it may deem necessary to insure compliance with this part. The security may be sold by the department at public sale if it becomes necessary in order to recover any amount due under this part. Notice of the sale may be served upon the person who deposited the security in the same manner as prescribed for service of notice by Section 30206. Upon any such sale, the surplus, if any, above the amount due under this part shall be returned to the person who deposited the security. |
|---|
| 824 | 836 | | |
|---|
| 825 | 837 | | SEC. 39. Section 30243 of the Revenue and Taxation Code is amended to read: |
|---|
| 826 | 838 | | |
|---|
| 827 | 839 | | ### SEC. 39. |
|---|
| 828 | 840 | | |
|---|
| 829 | 841 | | 30243. The person against whom a jeopardy determination is made may petition for the redetermination thereof pursuant to Article 5 of this chapter. They shall, however, file the petition for redetermination with the department within 10 days after the service upon them of notice of the determination. The person shall at the time of filing the petition for redetermination deposit with the department such security as it may deem necessary to insure compliance with this part. The security may be sold by the department at public sale if it becomes necessary in order to recover any amount due under this part. Notice of the sale may be served upon the person who deposited the security in the same manner as prescribed for service of notice by Section 30206. Upon any such sale, the surplus, if any, above the amount due under this part shall be returned to the person who deposited the security. |
|---|
| 830 | 842 | | |
|---|
| 831 | 843 | | 30243. The person against whom a jeopardy determination is made may petition for the redetermination thereof pursuant to Article 5 of this chapter. They shall, however, file the petition for redetermination with the department within 10 days after the service upon them of notice of the determination. The person shall at the time of filing the petition for redetermination deposit with the department such security as it may deem necessary to insure compliance with this part. The security may be sold by the department at public sale if it becomes necessary in order to recover any amount due under this part. Notice of the sale may be served upon the person who deposited the security in the same manner as prescribed for service of notice by Section 30206. Upon any such sale, the surplus, if any, above the amount due under this part shall be returned to the person who deposited the security. |
|---|
| 832 | 844 | | |
|---|
| 833 | 845 | | 30243. The person against whom a jeopardy determination is made may petition for the redetermination thereof pursuant to Article 5 of this chapter. They shall, however, file the petition for redetermination with the department within 10 days after the service upon them of notice of the determination. The person shall at the time of filing the petition for redetermination deposit with the department such security as it may deem necessary to insure compliance with this part. The security may be sold by the department at public sale if it becomes necessary in order to recover any amount due under this part. Notice of the sale may be served upon the person who deposited the security in the same manner as prescribed for service of notice by Section 30206. Upon any such sale, the surplus, if any, above the amount due under this part shall be returned to the person who deposited the security. |
|---|
| 834 | 846 | | |
|---|
| 835 | 847 | | |
|---|
| 836 | 848 | | |
|---|
| 837 | 849 | | 30243. The person against whom a jeopardy determination is made may petition for the redetermination thereof pursuant to Article 5 of this chapter. They shall, however, file the petition for redetermination with the department within 10 days after the service upon them of notice of the determination. The person shall at the time of filing the petition for redetermination deposit with the department such security as it may deem necessary to insure compliance with this part. The security may be sold by the department at public sale if it becomes necessary in order to recover any amount due under this part. Notice of the sale may be served upon the person who deposited the security in the same manner as prescribed for service of notice by Section 30206. Upon any such sale, the surplus, if any, above the amount due under this part shall be returned to the person who deposited the security. |
|---|
| 838 | 850 | | |
|---|
| 839 | 851 | | SEC. 40. Section 30244 of the Revenue and Taxation Code is amended to read:30244. Any notice required by this article may be served in the manner prescribed for service of notice of a deficiency determination. |
|---|
| 840 | 852 | | |
|---|
| 841 | 853 | | SEC. 40. Section 30244 of the Revenue and Taxation Code is amended to read: |
|---|
| 842 | 854 | | |
|---|
| 843 | 855 | | ### SEC. 40. |
|---|
| 844 | 856 | | |
|---|
| 845 | 857 | | 30244. Any notice required by this article may be served in the manner prescribed for service of notice of a deficiency determination. |
|---|
| 846 | 858 | | |
|---|
| 847 | 859 | | 30244. Any notice required by this article may be served in the manner prescribed for service of notice of a deficiency determination. |
|---|
| 848 | 860 | | |
|---|
| 849 | 861 | | 30244. Any notice required by this article may be served in the manner prescribed for service of notice of a deficiency determination. |
|---|
| 850 | 862 | | |
|---|
| 851 | 863 | | |
|---|
| 852 | 864 | | |
|---|
| 853 | 865 | | 30244. Any notice required by this article may be served in the manner prescribed for service of notice of a deficiency determination. |
|---|
| 854 | 866 | | |
|---|
| 855 | 867 | | SEC. 41. Section 30263 of the Revenue and Taxation Code is amended to read:30263. The order or decision of the department upon a petition for redetermination becomes final 30 days after serving of notice thereof. |
|---|
| 856 | 868 | | |
|---|
| 857 | 869 | | SEC. 41. Section 30263 of the Revenue and Taxation Code is amended to read: |
|---|
| 858 | 870 | | |
|---|
| 859 | 871 | | ### SEC. 41. |
|---|
| 860 | 872 | | |
|---|
| 861 | 873 | | 30263. The order or decision of the department upon a petition for redetermination becomes final 30 days after serving of notice thereof. |
|---|
| 862 | 874 | | |
|---|
| 863 | 875 | | 30263. The order or decision of the department upon a petition for redetermination becomes final 30 days after serving of notice thereof. |
|---|
| 864 | 876 | | |
|---|
| 865 | 877 | | 30263. The order or decision of the department upon a petition for redetermination becomes final 30 days after serving of notice thereof. |
|---|
| 866 | 878 | | |
|---|
| 867 | 879 | | |
|---|
| 868 | 880 | | |
|---|
| 869 | 881 | | 30263. The order or decision of the department upon a petition for redetermination becomes final 30 days after serving of notice thereof. |
|---|
| 870 | 882 | | |
|---|
| 871 | 883 | | SEC. 42. Section 30265 of the Revenue and Taxation Code is amended to read:30265. Any notice required by this article shall be served in the manner prescribed for service of notice of a deficiency determination. |
|---|
| 872 | 884 | | |
|---|
| 873 | 885 | | SEC. 42. Section 30265 of the Revenue and Taxation Code is amended to read: |
|---|
| 874 | 886 | | |
|---|
| 875 | 887 | | ### SEC. 42. |
|---|
| 876 | 888 | | |
|---|
| 877 | 889 | | 30265. Any notice required by this article shall be served in the manner prescribed for service of notice of a deficiency determination. |
|---|
| 878 | 890 | | |
|---|
| 879 | 891 | | 30265. Any notice required by this article shall be served in the manner prescribed for service of notice of a deficiency determination. |
|---|
| 880 | 892 | | |
|---|
| 881 | 893 | | 30265. Any notice required by this article shall be served in the manner prescribed for service of notice of a deficiency determination. |
|---|
| 882 | 894 | | |
|---|
| 883 | 895 | | |
|---|
| 884 | 896 | | |
|---|
| 885 | 897 | | 30265. Any notice required by this article shall be served in the manner prescribed for service of notice of a deficiency determination. |
|---|
| 886 | 898 | | |
|---|
| 887 | 899 | | SEC. 43. Section 30384 of the Revenue and Taxation Code is amended to read:30384. (a) Notwithstanding any other provision of this part, if the department finds that neither the person liable for payment of tax nor any party related to that person has in any way caused an erroneous refund for which an action for recovery is provided under Section 30381, no interest shall be imposed on the amount of that erroneous refund until 30 days after the date on which the department serves a notice of determination for repayment of the erroneous refund to the person. The act of filing a claim for refund shall not be considered as causing the erroneous refund.(b) This section shall be operative for any action for recovery under Section 30381 on or after January 1, 2000. |
|---|
| 888 | 900 | | |
|---|
| 889 | 901 | | SEC. 43. Section 30384 of the Revenue and Taxation Code is amended to read: |
|---|
| 890 | 902 | | |
|---|
| 891 | 903 | | ### SEC. 43. |
|---|
| 892 | 904 | | |
|---|
| 893 | 905 | | 30384. (a) Notwithstanding any other provision of this part, if the department finds that neither the person liable for payment of tax nor any party related to that person has in any way caused an erroneous refund for which an action for recovery is provided under Section 30381, no interest shall be imposed on the amount of that erroneous refund until 30 days after the date on which the department serves a notice of determination for repayment of the erroneous refund to the person. The act of filing a claim for refund shall not be considered as causing the erroneous refund.(b) This section shall be operative for any action for recovery under Section 30381 on or after January 1, 2000. |
|---|
| 894 | 906 | | |
|---|
| 895 | 907 | | 30384. (a) Notwithstanding any other provision of this part, if the department finds that neither the person liable for payment of tax nor any party related to that person has in any way caused an erroneous refund for which an action for recovery is provided under Section 30381, no interest shall be imposed on the amount of that erroneous refund until 30 days after the date on which the department serves a notice of determination for repayment of the erroneous refund to the person. The act of filing a claim for refund shall not be considered as causing the erroneous refund.(b) This section shall be operative for any action for recovery under Section 30381 on or after January 1, 2000. |
|---|
| 896 | 908 | | |
|---|
| 897 | 909 | | 30384. (a) Notwithstanding any other provision of this part, if the department finds that neither the person liable for payment of tax nor any party related to that person has in any way caused an erroneous refund for which an action for recovery is provided under Section 30381, no interest shall be imposed on the amount of that erroneous refund until 30 days after the date on which the department serves a notice of determination for repayment of the erroneous refund to the person. The act of filing a claim for refund shall not be considered as causing the erroneous refund.(b) This section shall be operative for any action for recovery under Section 30381 on or after January 1, 2000. |
|---|
| 898 | 910 | | |
|---|
| 899 | 911 | | |
|---|
| 900 | 912 | | |
|---|
| 901 | 913 | | 30384. (a) Notwithstanding any other provision of this part, if the department finds that neither the person liable for payment of tax nor any party related to that person has in any way caused an erroneous refund for which an action for recovery is provided under Section 30381, no interest shall be imposed on the amount of that erroneous refund until 30 days after the date on which the department serves a notice of determination for repayment of the erroneous refund to the person. The act of filing a claim for refund shall not be considered as causing the erroneous refund. |
|---|
| 902 | 914 | | |
|---|
| 903 | 915 | | (b) This section shall be operative for any action for recovery under Section 30381 on or after January 1, 2000. |
|---|
| 904 | 916 | | |
|---|
| 905 | 917 | | SEC. 44. Section 32202 of the Revenue and Taxation Code is amended to read:32202. An excise tax is levied on sales made in this state of distilled spirits by common carriers on board boats, trains, and airplanes, or by persons licensed to sell distilled spirits on board such boats, trains, and airplanes, at the same rates as set forth in Section 32201. On or before the first day of each month such common carriers and such other licensed persons shall forward to the board a report of the sales of distilled spirits so made in the calendar month preceding the previous calendar month, in such detail and form as the board may prescribe and shall be filed using electronic media together with a payment sufficient to pay the tax on the sales. |
|---|
| 906 | 918 | | |
|---|
| 907 | 919 | | SEC. 44. Section 32202 of the Revenue and Taxation Code is amended to read: |
|---|
| 908 | 920 | | |
|---|
| 909 | 921 | | ### SEC. 44. |
|---|
| 910 | 922 | | |
|---|
| 911 | 923 | | 32202. An excise tax is levied on sales made in this state of distilled spirits by common carriers on board boats, trains, and airplanes, or by persons licensed to sell distilled spirits on board such boats, trains, and airplanes, at the same rates as set forth in Section 32201. On or before the first day of each month such common carriers and such other licensed persons shall forward to the board a report of the sales of distilled spirits so made in the calendar month preceding the previous calendar month, in such detail and form as the board may prescribe and shall be filed using electronic media together with a payment sufficient to pay the tax on the sales. |
|---|
| 912 | 924 | | |
|---|
| 913 | 925 | | 32202. An excise tax is levied on sales made in this state of distilled spirits by common carriers on board boats, trains, and airplanes, or by persons licensed to sell distilled spirits on board such boats, trains, and airplanes, at the same rates as set forth in Section 32201. On or before the first day of each month such common carriers and such other licensed persons shall forward to the board a report of the sales of distilled spirits so made in the calendar month preceding the previous calendar month, in such detail and form as the board may prescribe and shall be filed using electronic media together with a payment sufficient to pay the tax on the sales. |
|---|
| 914 | 926 | | |
|---|
| 915 | 927 | | 32202. An excise tax is levied on sales made in this state of distilled spirits by common carriers on board boats, trains, and airplanes, or by persons licensed to sell distilled spirits on board such boats, trains, and airplanes, at the same rates as set forth in Section 32201. On or before the first day of each month such common carriers and such other licensed persons shall forward to the board a report of the sales of distilled spirits so made in the calendar month preceding the previous calendar month, in such detail and form as the board may prescribe and shall be filed using electronic media together with a payment sufficient to pay the tax on the sales. |
|---|
| 916 | 928 | | |
|---|
| 917 | 929 | | |
|---|
| 918 | 930 | | |
|---|
| 919 | 931 | | 32202. An excise tax is levied on sales made in this state of distilled spirits by common carriers on board boats, trains, and airplanes, or by persons licensed to sell distilled spirits on board such boats, trains, and airplanes, at the same rates as set forth in Section 32201. On or before the first day of each month such common carriers and such other licensed persons shall forward to the board a report of the sales of distilled spirits so made in the calendar month preceding the previous calendar month, in such detail and form as the board may prescribe and shall be filed using electronic media together with a payment sufficient to pay the tax on the sales. |
|---|
| 920 | 932 | | |
|---|
| 921 | 933 | | SEC. 45. Section 32271 of the Revenue and Taxation Code is amended to read:32271. (a) If the board is dissatisfied with the return or returns filed or amount of tax paid to the state by any taxpayer, it may compute and determine the amount to be paid based upon any information available to it. One or more additional determinations may be made of the amount of tax due for one or for more than one period. The amount of tax so determined shall bear interest at the modified adjusted rate per month, or fraction thereof, established pursuant to Section 6591.5, from the 15th day after the close of the period for which the amount of the tax, or any portion thereof, should have been reported until the date of payment. In making a determination, the board may offset overpayment for a period or periods against underpayments for another period or periods and against the interest and penalties on the underpayments.(b) If any part of the deficiency for which a determination of an additional amount due is made is found to have been occasioned by negligence or intentional disregard of this part or authorized rules, a penalty of 10 percent of the amount of the determination shall be added, plus interest as above provided.(c) If any part of the deficiency for which a determination of an additional amount due is made is found to be occasioned by fraud or an intent to evade this part or authorized rules, a penalty of 25 percent of the amount of the determination shall be added, plus interest as above provided.(d) The board shall give to the taxpayer written notice of its determination. The notice shall be served in one of the following manners:(1) By placing the notice in a sealed envelope, with postage paid, addressed to the taxpayer at their address as it appears in the records of the board. Service made pursuant to this paragraph shall be deemed complete at the time of the deposit of the notice in the United States Post Office, or a mailbox, sub-post office, substation or mail chute or other facility regularly maintained or provided by the United States Postal Service without extension of time for any reason.(2) By personally delivering the notice to the person to be served. Service made pursuant to this paragraph shall be deemed complete at the time of delivery. Personal service to a corporation may be made by delivery of a notice to any person designated in the Code of Civil Procedure to be served for the corporation with summons and complaint in a civil action.(3) (A) By delivering the notice electronically via secure transmission when either of the following applies:(i) The taxpayer requests the notice of determination to be sent electronically via secure transmission.(ii) The board has evidence that the taxpayer no longer receives mail at the address of record and has previously provided an address for electronic mail.(B) Service provided pursuant to subparagraph (A) shall be deemed complete at the time the board electronically transmits the notice via the taxpayers secure web portal, without extension of time for any reason. |
|---|
| 922 | 934 | | |
|---|
| 923 | 935 | | SEC. 45. Section 32271 of the Revenue and Taxation Code is amended to read: |
|---|
| 924 | 936 | | |
|---|
| 925 | 937 | | ### SEC. 45. |
|---|
| 926 | 938 | | |
|---|
| 927 | 939 | | 32271. (a) If the board is dissatisfied with the return or returns filed or amount of tax paid to the state by any taxpayer, it may compute and determine the amount to be paid based upon any information available to it. One or more additional determinations may be made of the amount of tax due for one or for more than one period. The amount of tax so determined shall bear interest at the modified adjusted rate per month, or fraction thereof, established pursuant to Section 6591.5, from the 15th day after the close of the period for which the amount of the tax, or any portion thereof, should have been reported until the date of payment. In making a determination, the board may offset overpayment for a period or periods against underpayments for another period or periods and against the interest and penalties on the underpayments.(b) If any part of the deficiency for which a determination of an additional amount due is made is found to have been occasioned by negligence or intentional disregard of this part or authorized rules, a penalty of 10 percent of the amount of the determination shall be added, plus interest as above provided.(c) If any part of the deficiency for which a determination of an additional amount due is made is found to be occasioned by fraud or an intent to evade this part or authorized rules, a penalty of 25 percent of the amount of the determination shall be added, plus interest as above provided.(d) The board shall give to the taxpayer written notice of its determination. The notice shall be served in one of the following manners:(1) By placing the notice in a sealed envelope, with postage paid, addressed to the taxpayer at their address as it appears in the records of the board. Service made pursuant to this paragraph shall be deemed complete at the time of the deposit of the notice in the United States Post Office, or a mailbox, sub-post office, substation or mail chute or other facility regularly maintained or provided by the United States Postal Service without extension of time for any reason.(2) By personally delivering the notice to the person to be served. Service made pursuant to this paragraph shall be deemed complete at the time of delivery. Personal service to a corporation may be made by delivery of a notice to any person designated in the Code of Civil Procedure to be served for the corporation with summons and complaint in a civil action.(3) (A) By delivering the notice electronically via secure transmission when either of the following applies:(i) The taxpayer requests the notice of determination to be sent electronically via secure transmission.(ii) The board has evidence that the taxpayer no longer receives mail at the address of record and has previously provided an address for electronic mail.(B) Service provided pursuant to subparagraph (A) shall be deemed complete at the time the board electronically transmits the notice via the taxpayers secure web portal, without extension of time for any reason. |
|---|
| 928 | 940 | | |
|---|
| 929 | 941 | | 32271. (a) If the board is dissatisfied with the return or returns filed or amount of tax paid to the state by any taxpayer, it may compute and determine the amount to be paid based upon any information available to it. One or more additional determinations may be made of the amount of tax due for one or for more than one period. The amount of tax so determined shall bear interest at the modified adjusted rate per month, or fraction thereof, established pursuant to Section 6591.5, from the 15th day after the close of the period for which the amount of the tax, or any portion thereof, should have been reported until the date of payment. In making a determination, the board may offset overpayment for a period or periods against underpayments for another period or periods and against the interest and penalties on the underpayments.(b) If any part of the deficiency for which a determination of an additional amount due is made is found to have been occasioned by negligence or intentional disregard of this part or authorized rules, a penalty of 10 percent of the amount of the determination shall be added, plus interest as above provided.(c) If any part of the deficiency for which a determination of an additional amount due is made is found to be occasioned by fraud or an intent to evade this part or authorized rules, a penalty of 25 percent of the amount of the determination shall be added, plus interest as above provided.(d) The board shall give to the taxpayer written notice of its determination. The notice shall be served in one of the following manners:(1) By placing the notice in a sealed envelope, with postage paid, addressed to the taxpayer at their address as it appears in the records of the board. Service made pursuant to this paragraph shall be deemed complete at the time of the deposit of the notice in the United States Post Office, or a mailbox, sub-post office, substation or mail chute or other facility regularly maintained or provided by the United States Postal Service without extension of time for any reason.(2) By personally delivering the notice to the person to be served. Service made pursuant to this paragraph shall be deemed complete at the time of delivery. Personal service to a corporation may be made by delivery of a notice to any person designated in the Code of Civil Procedure to be served for the corporation with summons and complaint in a civil action.(3) (A) By delivering the notice electronically via secure transmission when either of the following applies:(i) The taxpayer requests the notice of determination to be sent electronically via secure transmission.(ii) The board has evidence that the taxpayer no longer receives mail at the address of record and has previously provided an address for electronic mail.(B) Service provided pursuant to subparagraph (A) shall be deemed complete at the time the board electronically transmits the notice via the taxpayers secure web portal, without extension of time for any reason. |
|---|
| 930 | 942 | | |
|---|
| 931 | 943 | | 32271. (a) If the board is dissatisfied with the return or returns filed or amount of tax paid to the state by any taxpayer, it may compute and determine the amount to be paid based upon any information available to it. One or more additional determinations may be made of the amount of tax due for one or for more than one period. The amount of tax so determined shall bear interest at the modified adjusted rate per month, or fraction thereof, established pursuant to Section 6591.5, from the 15th day after the close of the period for which the amount of the tax, or any portion thereof, should have been reported until the date of payment. In making a determination, the board may offset overpayment for a period or periods against underpayments for another period or periods and against the interest and penalties on the underpayments.(b) If any part of the deficiency for which a determination of an additional amount due is made is found to have been occasioned by negligence or intentional disregard of this part or authorized rules, a penalty of 10 percent of the amount of the determination shall be added, plus interest as above provided.(c) If any part of the deficiency for which a determination of an additional amount due is made is found to be occasioned by fraud or an intent to evade this part or authorized rules, a penalty of 25 percent of the amount of the determination shall be added, plus interest as above provided.(d) The board shall give to the taxpayer written notice of its determination. The notice shall be served in one of the following manners:(1) By placing the notice in a sealed envelope, with postage paid, addressed to the taxpayer at their address as it appears in the records of the board. Service made pursuant to this paragraph shall be deemed complete at the time of the deposit of the notice in the United States Post Office, or a mailbox, sub-post office, substation or mail chute or other facility regularly maintained or provided by the United States Postal Service without extension of time for any reason.(2) By personally delivering the notice to the person to be served. Service made pursuant to this paragraph shall be deemed complete at the time of delivery. Personal service to a corporation may be made by delivery of a notice to any person designated in the Code of Civil Procedure to be served for the corporation with summons and complaint in a civil action.(3) (A) By delivering the notice electronically via secure transmission when either of the following applies:(i) The taxpayer requests the notice of determination to be sent electronically via secure transmission.(ii) The board has evidence that the taxpayer no longer receives mail at the address of record and has previously provided an address for electronic mail.(B) Service provided pursuant to subparagraph (A) shall be deemed complete at the time the board electronically transmits the notice via the taxpayers secure web portal, without extension of time for any reason. |
|---|
| 932 | 944 | | |
|---|
| 933 | 945 | | |
|---|
| 934 | 946 | | |
|---|
| 935 | 947 | | 32271. (a) If the board is dissatisfied with the return or returns filed or amount of tax paid to the state by any taxpayer, it may compute and determine the amount to be paid based upon any information available to it. One or more additional determinations may be made of the amount of tax due for one or for more than one period. The amount of tax so determined shall bear interest at the modified adjusted rate per month, or fraction thereof, established pursuant to Section 6591.5, from the 15th day after the close of the period for which the amount of the tax, or any portion thereof, should have been reported until the date of payment. In making a determination, the board may offset overpayment for a period or periods against underpayments for another period or periods and against the interest and penalties on the underpayments. |
|---|
| 936 | 948 | | |
|---|
| 937 | 949 | | (b) If any part of the deficiency for which a determination of an additional amount due is made is found to have been occasioned by negligence or intentional disregard of this part or authorized rules, a penalty of 10 percent of the amount of the determination shall be added, plus interest as above provided. |
|---|
| 938 | 950 | | |
|---|
| 939 | 951 | | (c) If any part of the deficiency for which a determination of an additional amount due is made is found to be occasioned by fraud or an intent to evade this part or authorized rules, a penalty of 25 percent of the amount of the determination shall be added, plus interest as above provided. |
|---|
| 940 | 952 | | |
|---|
| 941 | 953 | | (d) The board shall give to the taxpayer written notice of its determination. The notice shall be served in one of the following manners: |
|---|
| 942 | 954 | | |
|---|
| 943 | 955 | | (1) By placing the notice in a sealed envelope, with postage paid, addressed to the taxpayer at their address as it appears in the records of the board. Service made pursuant to this paragraph shall be deemed complete at the time of the deposit of the notice in the United States Post Office, or a mailbox, sub-post office, substation or mail chute or other facility regularly maintained or provided by the United States Postal Service without extension of time for any reason. |
|---|
| 944 | 956 | | |
|---|
| 945 | 957 | | (2) By personally delivering the notice to the person to be served. Service made pursuant to this paragraph shall be deemed complete at the time of delivery. Personal service to a corporation may be made by delivery of a notice to any person designated in the Code of Civil Procedure to be served for the corporation with summons and complaint in a civil action. |
|---|
| 946 | 958 | | |
|---|
| 947 | 959 | | (3) (A) By delivering the notice electronically via secure transmission when either of the following applies: |
|---|
| 948 | 960 | | |
|---|
| 949 | 961 | | (i) The taxpayer requests the notice of determination to be sent electronically via secure transmission. |
|---|
| 950 | 962 | | |
|---|
| 951 | 963 | | (ii) The board has evidence that the taxpayer no longer receives mail at the address of record and has previously provided an address for electronic mail. |
|---|
| 952 | 964 | | |
|---|
| 953 | 965 | | (B) Service provided pursuant to subparagraph (A) shall be deemed complete at the time the board electronically transmits the notice via the taxpayers secure web portal, without extension of time for any reason. |
|---|
| 954 | 966 | | |
|---|
| 955 | 967 | | SEC. 46. Section 32272 of the Revenue and Taxation Code is amended to read:32272. Except in the case of a fraud, intent to evade this part or authorized rules and regulations, or failure to make a return, every notice of a determination of an additional amount due shall be served within three years after the date when the amount should have been paid or the return was due, or within three years after the return was filed, whichever period expires later. In the case of failure to make a return, the notice of determination shall be served within eight years after the date the return was due. |
|---|
| 956 | 968 | | |
|---|
| 957 | 969 | | SEC. 46. Section 32272 of the Revenue and Taxation Code is amended to read: |
|---|
| 958 | 970 | | |
|---|
| 959 | 971 | | ### SEC. 46. |
|---|
| 960 | 972 | | |
|---|
| 961 | 973 | | 32272. Except in the case of a fraud, intent to evade this part or authorized rules and regulations, or failure to make a return, every notice of a determination of an additional amount due shall be served within three years after the date when the amount should have been paid or the return was due, or within three years after the return was filed, whichever period expires later. In the case of failure to make a return, the notice of determination shall be served within eight years after the date the return was due. |
|---|
| 962 | 974 | | |
|---|
| 963 | 975 | | 32272. Except in the case of a fraud, intent to evade this part or authorized rules and regulations, or failure to make a return, every notice of a determination of an additional amount due shall be served within three years after the date when the amount should have been paid or the return was due, or within three years after the return was filed, whichever period expires later. In the case of failure to make a return, the notice of determination shall be served within eight years after the date the return was due. |
|---|
| 964 | 976 | | |
|---|
| 965 | 977 | | 32272. Except in the case of a fraud, intent to evade this part or authorized rules and regulations, or failure to make a return, every notice of a determination of an additional amount due shall be served within three years after the date when the amount should have been paid or the return was due, or within three years after the return was filed, whichever period expires later. In the case of failure to make a return, the notice of determination shall be served within eight years after the date the return was due. |
|---|
| 966 | 978 | | |
|---|
| 967 | 979 | | |
|---|
| 968 | 980 | | |
|---|
| 969 | 981 | | 32272. Except in the case of a fraud, intent to evade this part or authorized rules and regulations, or failure to make a return, every notice of a determination of an additional amount due shall be served within three years after the date when the amount should have been paid or the return was due, or within three years after the return was filed, whichever period expires later. In the case of failure to make a return, the notice of determination shall be served within eight years after the date the return was due. |
|---|
| 970 | 982 | | |
|---|
| 971 | 983 | | SEC. 47. Section 32272.1 of the Revenue and Taxation Code is amended to read:32272.1. In the case of a deficiency arising under this part during the lifetime of a decedent, a notice of deficiency determination shall be served within four months after written request therefor, in the form required by the board, by the fiduciary of the estate or trust or by any other person liable for the tax or any portion thereof. |
|---|
| 972 | 984 | | |
|---|
| 973 | 985 | | SEC. 47. Section 32272.1 of the Revenue and Taxation Code is amended to read: |
|---|
| 974 | 986 | | |
|---|
| 975 | 987 | | ### SEC. 47. |
|---|
| 976 | 988 | | |
|---|
| 977 | 989 | | 32272.1. In the case of a deficiency arising under this part during the lifetime of a decedent, a notice of deficiency determination shall be served within four months after written request therefor, in the form required by the board, by the fiduciary of the estate or trust or by any other person liable for the tax or any portion thereof. |
|---|
| 978 | 990 | | |
|---|
| 979 | 991 | | 32272.1. In the case of a deficiency arising under this part during the lifetime of a decedent, a notice of deficiency determination shall be served within four months after written request therefor, in the form required by the board, by the fiduciary of the estate or trust or by any other person liable for the tax or any portion thereof. |
|---|
| 980 | 992 | | |
|---|
| 981 | 993 | | 32272.1. In the case of a deficiency arising under this part during the lifetime of a decedent, a notice of deficiency determination shall be served within four months after written request therefor, in the form required by the board, by the fiduciary of the estate or trust or by any other person liable for the tax or any portion thereof. |
|---|
| 982 | 994 | | |
|---|
| 983 | 995 | | |
|---|
| 984 | 996 | | |
|---|
| 985 | 997 | | 32272.1. In the case of a deficiency arising under this part during the lifetime of a decedent, a notice of deficiency determination shall be served within four months after written request therefor, in the form required by the board, by the fiduciary of the estate or trust or by any other person liable for the tax or any portion thereof. |
|---|
| 986 | 998 | | |
|---|
| 987 | 999 | | SEC. 48. Section 32273 of the Revenue and Taxation Code is amended to read:32273. If before the expiration of the time prescribed in Section 32272 for the serving of a notice of deficiency determination the taxpayer has consented in writing to the serving of the notice after such time, the notice may be served at any time prior to the expiration of the period agreed upon. The period so agreed upon may be extended by subsequent agreements in writing made before the expiration of the period previously agreed upon. |
|---|
| 988 | 1000 | | |
|---|
| 989 | 1001 | | SEC. 48. Section 32273 of the Revenue and Taxation Code is amended to read: |
|---|
| 990 | 1002 | | |
|---|
| 991 | 1003 | | ### SEC. 48. |
|---|
| 992 | 1004 | | |
|---|
| 993 | 1005 | | 32273. If before the expiration of the time prescribed in Section 32272 for the serving of a notice of deficiency determination the taxpayer has consented in writing to the serving of the notice after such time, the notice may be served at any time prior to the expiration of the period agreed upon. The period so agreed upon may be extended by subsequent agreements in writing made before the expiration of the period previously agreed upon. |
|---|
| 994 | 1006 | | |
|---|
| 995 | 1007 | | 32273. If before the expiration of the time prescribed in Section 32272 for the serving of a notice of deficiency determination the taxpayer has consented in writing to the serving of the notice after such time, the notice may be served at any time prior to the expiration of the period agreed upon. The period so agreed upon may be extended by subsequent agreements in writing made before the expiration of the period previously agreed upon. |
|---|
| 996 | 1008 | | |
|---|
| 997 | 1009 | | 32273. If before the expiration of the time prescribed in Section 32272 for the serving of a notice of deficiency determination the taxpayer has consented in writing to the serving of the notice after such time, the notice may be served at any time prior to the expiration of the period agreed upon. The period so agreed upon may be extended by subsequent agreements in writing made before the expiration of the period previously agreed upon. |
|---|
| 998 | 1010 | | |
|---|
| 999 | 1011 | | |
|---|
| 1000 | 1012 | | |
|---|
| 1001 | 1013 | | 32273. If before the expiration of the time prescribed in Section 32272 for the serving of a notice of deficiency determination the taxpayer has consented in writing to the serving of the notice after such time, the notice may be served at any time prior to the expiration of the period agreed upon. The period so agreed upon may be extended by subsequent agreements in writing made before the expiration of the period previously agreed upon. |
|---|
| 1002 | 1014 | | |
|---|
| 1003 | 1015 | | SEC. 49. Section 32291 of the Revenue and Taxation Code is amended to read:32291. If any taxpayer fails to make a return required by this part, the board shall make an estimate, based upon any information available to it, for the period or periods with respect to which the taxpayer failed to make a return of all alcoholic beverages sold in this state by them. Upon the basis of this estimate the board shall compute and determine the amount required to be paid to the state, adding to the sum thus fixed a penalty equal to 10 percent thereof. One or more determinations may be made of the amount of tax due for one or for more than one period. The amount of tax so determined shall bear interest at the modified adjusted rate per month, or fraction thereof, established pursuant to Section 6591.5, from the 15th day of the month following the close of the period for which the amount of the tax, or any portion thereof, should have been returned until the date of payment. In making a determination the board may offset overpayments for a period or periods against underpayments for another period or periods and against interest and penalties on the underpayments. If any part of the deficiency for which a determination is made is due to negligence or intentional disregard of this part or authorized rules, an additional penalty of 10 percent of the amount of the determination shall be added. If the neglect or refusal of a taxpayer to file a return as required by this part was due to fraud or an intent to evade the tax, there shall be added to the tax a penalty equal to 25 percent thereof in addition to the 10 percent penalty. The board shall give to the taxpayer written notice of the estimate and determination, the notice to be served in the same manner as prescribed for service of notice by Section 32271. |
|---|
| 1004 | 1016 | | |
|---|
| 1005 | 1017 | | SEC. 49. Section 32291 of the Revenue and Taxation Code is amended to read: |
|---|
| 1006 | 1018 | | |
|---|
| 1007 | 1019 | | ### SEC. 49. |
|---|
| 1008 | 1020 | | |
|---|
| 1009 | 1021 | | 32291. If any taxpayer fails to make a return required by this part, the board shall make an estimate, based upon any information available to it, for the period or periods with respect to which the taxpayer failed to make a return of all alcoholic beverages sold in this state by them. Upon the basis of this estimate the board shall compute and determine the amount required to be paid to the state, adding to the sum thus fixed a penalty equal to 10 percent thereof. One or more determinations may be made of the amount of tax due for one or for more than one period. The amount of tax so determined shall bear interest at the modified adjusted rate per month, or fraction thereof, established pursuant to Section 6591.5, from the 15th day of the month following the close of the period for which the amount of the tax, or any portion thereof, should have been returned until the date of payment. In making a determination the board may offset overpayments for a period or periods against underpayments for another period or periods and against interest and penalties on the underpayments. If any part of the deficiency for which a determination is made is due to negligence or intentional disregard of this part or authorized rules, an additional penalty of 10 percent of the amount of the determination shall be added. If the neglect or refusal of a taxpayer to file a return as required by this part was due to fraud or an intent to evade the tax, there shall be added to the tax a penalty equal to 25 percent thereof in addition to the 10 percent penalty. The board shall give to the taxpayer written notice of the estimate and determination, the notice to be served in the same manner as prescribed for service of notice by Section 32271. |
|---|
| 1010 | 1022 | | |
|---|
| 1011 | 1023 | | 32291. If any taxpayer fails to make a return required by this part, the board shall make an estimate, based upon any information available to it, for the period or periods with respect to which the taxpayer failed to make a return of all alcoholic beverages sold in this state by them. Upon the basis of this estimate the board shall compute and determine the amount required to be paid to the state, adding to the sum thus fixed a penalty equal to 10 percent thereof. One or more determinations may be made of the amount of tax due for one or for more than one period. The amount of tax so determined shall bear interest at the modified adjusted rate per month, or fraction thereof, established pursuant to Section 6591.5, from the 15th day of the month following the close of the period for which the amount of the tax, or any portion thereof, should have been returned until the date of payment. In making a determination the board may offset overpayments for a period or periods against underpayments for another period or periods and against interest and penalties on the underpayments. If any part of the deficiency for which a determination is made is due to negligence or intentional disregard of this part or authorized rules, an additional penalty of 10 percent of the amount of the determination shall be added. If the neglect or refusal of a taxpayer to file a return as required by this part was due to fraud or an intent to evade the tax, there shall be added to the tax a penalty equal to 25 percent thereof in addition to the 10 percent penalty. The board shall give to the taxpayer written notice of the estimate and determination, the notice to be served in the same manner as prescribed for service of notice by Section 32271. |
|---|
| 1012 | 1024 | | |
|---|
| 1013 | 1025 | | 32291. If any taxpayer fails to make a return required by this part, the board shall make an estimate, based upon any information available to it, for the period or periods with respect to which the taxpayer failed to make a return of all alcoholic beverages sold in this state by them. Upon the basis of this estimate the board shall compute and determine the amount required to be paid to the state, adding to the sum thus fixed a penalty equal to 10 percent thereof. One or more determinations may be made of the amount of tax due for one or for more than one period. The amount of tax so determined shall bear interest at the modified adjusted rate per month, or fraction thereof, established pursuant to Section 6591.5, from the 15th day of the month following the close of the period for which the amount of the tax, or any portion thereof, should have been returned until the date of payment. In making a determination the board may offset overpayments for a period or periods against underpayments for another period or periods and against interest and penalties on the underpayments. If any part of the deficiency for which a determination is made is due to negligence or intentional disregard of this part or authorized rules, an additional penalty of 10 percent of the amount of the determination shall be added. If the neglect or refusal of a taxpayer to file a return as required by this part was due to fraud or an intent to evade the tax, there shall be added to the tax a penalty equal to 25 percent thereof in addition to the 10 percent penalty. The board shall give to the taxpayer written notice of the estimate and determination, the notice to be served in the same manner as prescribed for service of notice by Section 32271. |
|---|
| 1014 | 1026 | | |
|---|
| 1015 | 1027 | | |
|---|
| 1016 | 1028 | | |
|---|
| 1017 | 1029 | | 32291. If any taxpayer fails to make a return required by this part, the board shall make an estimate, based upon any information available to it, for the period or periods with respect to which the taxpayer failed to make a return of all alcoholic beverages sold in this state by them. Upon the basis of this estimate the board shall compute and determine the amount required to be paid to the state, adding to the sum thus fixed a penalty equal to 10 percent thereof. One or more determinations may be made of the amount of tax due for one or for more than one period. The amount of tax so determined shall bear interest at the modified adjusted rate per month, or fraction thereof, established pursuant to Section 6591.5, from the 15th day of the month following the close of the period for which the amount of the tax, or any portion thereof, should have been returned until the date of payment. In making a determination the board may offset overpayments for a period or periods against underpayments for another period or periods and against interest and penalties on the underpayments. If any part of the deficiency for which a determination is made is due to negligence or intentional disregard of this part or authorized rules, an additional penalty of 10 percent of the amount of the determination shall be added. If the neglect or refusal of a taxpayer to file a return as required by this part was due to fraud or an intent to evade the tax, there shall be added to the tax a penalty equal to 25 percent thereof in addition to the 10 percent penalty. The board shall give to the taxpayer written notice of the estimate and determination, the notice to be served in the same manner as prescribed for service of notice by Section 32271. |
|---|
| 1018 | 1030 | | |
|---|
| 1019 | 1031 | | SEC. 50. Section 32306 of the Revenue and Taxation Code is amended to read:32306. Any notice required by this section shall be served in the same manner as prescribed for service of notice by Section 32271. |
|---|
| 1020 | 1032 | | |
|---|
| 1021 | 1033 | | SEC. 50. Section 32306 of the Revenue and Taxation Code is amended to read: |
|---|
| 1022 | 1034 | | |
|---|
| 1023 | 1035 | | ### SEC. 50. |
|---|
| 1024 | 1036 | | |
|---|
| 1025 | 1037 | | 32306. Any notice required by this section shall be served in the same manner as prescribed for service of notice by Section 32271. |
|---|
| 1026 | 1038 | | |
|---|
| 1027 | 1039 | | 32306. Any notice required by this section shall be served in the same manner as prescribed for service of notice by Section 32271. |
|---|
| 1028 | 1040 | | |
|---|
| 1029 | 1041 | | 32306. Any notice required by this section shall be served in the same manner as prescribed for service of notice by Section 32271. |
|---|
| 1030 | 1042 | | |
|---|
| 1031 | 1043 | | |
|---|
| 1032 | 1044 | | |
|---|
| 1033 | 1045 | | 32306. Any notice required by this section shall be served in the same manner as prescribed for service of notice by Section 32271. |
|---|
| 1034 | 1046 | | |
|---|
| 1035 | 1047 | | SEC. 51. Section 32312 of the Revenue and Taxation Code is amended to read:32312. The taxpayer against whom a jeopardy determination is made may file a petition for the redetermination thereof, pursuant to Article 4 of this chapter, with the board within 10 days after the service upon them of notice of the determination, but they shall within the 10-day period deposit with the board such security as it deems necessary to insure compliance with the provisions of this part. The security may be sold by the board at public sale if it becomes necessary in order to recover any amount due under this part. Notice of the sale may be served upon the person who deposited the security in the same manner as prescribed for service of notice by Section 32271. Upon any such sale, the surplus, if any, above the amount due under this division shall be returned to the person who deposited the security. |
|---|
| 1036 | 1048 | | |
|---|
| 1037 | 1049 | | SEC. 51. Section 32312 of the Revenue and Taxation Code is amended to read: |
|---|
| 1038 | 1050 | | |
|---|
| 1039 | 1051 | | ### SEC. 51. |
|---|
| 1040 | 1052 | | |
|---|
| 1041 | 1053 | | 32312. The taxpayer against whom a jeopardy determination is made may file a petition for the redetermination thereof, pursuant to Article 4 of this chapter, with the board within 10 days after the service upon them of notice of the determination, but they shall within the 10-day period deposit with the board such security as it deems necessary to insure compliance with the provisions of this part. The security may be sold by the board at public sale if it becomes necessary in order to recover any amount due under this part. Notice of the sale may be served upon the person who deposited the security in the same manner as prescribed for service of notice by Section 32271. Upon any such sale, the surplus, if any, above the amount due under this division shall be returned to the person who deposited the security. |
|---|
| 1042 | 1054 | | |
|---|
| 1043 | 1055 | | 32312. The taxpayer against whom a jeopardy determination is made may file a petition for the redetermination thereof, pursuant to Article 4 of this chapter, with the board within 10 days after the service upon them of notice of the determination, but they shall within the 10-day period deposit with the board such security as it deems necessary to insure compliance with the provisions of this part. The security may be sold by the board at public sale if it becomes necessary in order to recover any amount due under this part. Notice of the sale may be served upon the person who deposited the security in the same manner as prescribed for service of notice by Section 32271. Upon any such sale, the surplus, if any, above the amount due under this division shall be returned to the person who deposited the security. |
|---|
| 1044 | 1056 | | |
|---|
| 1045 | 1057 | | 32312. The taxpayer against whom a jeopardy determination is made may file a petition for the redetermination thereof, pursuant to Article 4 of this chapter, with the board within 10 days after the service upon them of notice of the determination, but they shall within the 10-day period deposit with the board such security as it deems necessary to insure compliance with the provisions of this part. The security may be sold by the board at public sale if it becomes necessary in order to recover any amount due under this part. Notice of the sale may be served upon the person who deposited the security in the same manner as prescribed for service of notice by Section 32271. Upon any such sale, the surplus, if any, above the amount due under this division shall be returned to the person who deposited the security. |
|---|
| 1046 | 1058 | | |
|---|
| 1047 | 1059 | | |
|---|
| 1048 | 1060 | | |
|---|
| 1049 | 1061 | | 32312. The taxpayer against whom a jeopardy determination is made may file a petition for the redetermination thereof, pursuant to Article 4 of this chapter, with the board within 10 days after the service upon them of notice of the determination, but they shall within the 10-day period deposit with the board such security as it deems necessary to insure compliance with the provisions of this part. The security may be sold by the board at public sale if it becomes necessary in order to recover any amount due under this part. Notice of the sale may be served upon the person who deposited the security in the same manner as prescribed for service of notice by Section 32271. Upon any such sale, the surplus, if any, above the amount due under this division shall be returned to the person who deposited the security. |
|---|
| 1050 | 1062 | | |
|---|
| 1051 | 1063 | | SEC. 52. Section 32387 of the Revenue and Taxation Code is amended to read:32387. (a) The board may, by notice of levy served personally, by first-class mail, or by electronic transmission or other electronic technology, require all persons having in their possession, or under their control, any payments, credits other than payments, or other personal property belonging to a taxpayer or other person liable for any amount under this part to withhold from these credits or other personal property the amount of any tax, interest, or penalties due from the taxpayer or other person, or the amount of any liability incurred by them under this part, and to transmit the amount withheld to the board at the time it may designate. The notice of levy shall have the same effect as a levy pursuant to a writ of execution except for the continuing effect of the levy, as provided in subdivision (b).(b) The person served shall continue to withhold pursuant to the notice of levy until the amount specified in the notice, including accrued interest, has been paid in full, until the notice is withdrawn, or until one year from the date the notice is received, whichever occurs first.(c) The amount required to be withheld is the lesser of the following:(1) The amount due stated on the notice.(2) The sum of both of the following:(A) The amount of the payments, credits other than payments, or personal property described above and under the persons possession or control when the notice of levy is served on the person.(B) The amount of each payment that becomes due following service of the notice of levy on the person and prior to the expiration of the levy.(d) For the purposes of this section, the term payments does not include earnings as that term is defined in subdivision (a) of Section 706.011 of the Code of Civil Procedure or funds in a deposit account as defined in paragraph (29) of subdivision (a) of Section 9102 of the Commercial Code. The term payments does include any of the following:(1) Payments due for services of independent contractors, dividends, rents, royalties, residuals, patent rights, or mineral or other natural rights.(2) Payments or credits due or becoming due periodically as a result of an enforceable obligation to the distributor, dealer, or other person liable for the tax.(3) Any other payments or credits due or becoming due the distributor, dealer, or other person liable as the result of written or oral contracts for services or sales whether denominated as wages, salary, commission, bonus, or otherwise.(e) In the case of a financial institution, to be effective, the notice shall state the amount due from the consumer and shall be delivered, mailed, or served by electronic transmission or other electronic technology, to the branch or office of the financial institution where the credits or other property is held, unless another branch or office is designated by the financial institution to receive the notice. |
|---|
| 1052 | 1064 | | |
|---|
| 1053 | 1065 | | SEC. 52. Section 32387 of the Revenue and Taxation Code is amended to read: |
|---|
| 1054 | 1066 | | |
|---|
| 1055 | 1067 | | ### SEC. 52. |
|---|
| 1056 | 1068 | | |
|---|
| 1057 | 1069 | | 32387. (a) The board may, by notice of levy served personally, by first-class mail, or by electronic transmission or other electronic technology, require all persons having in their possession, or under their control, any payments, credits other than payments, or other personal property belonging to a taxpayer or other person liable for any amount under this part to withhold from these credits or other personal property the amount of any tax, interest, or penalties due from the taxpayer or other person, or the amount of any liability incurred by them under this part, and to transmit the amount withheld to the board at the time it may designate. The notice of levy shall have the same effect as a levy pursuant to a writ of execution except for the continuing effect of the levy, as provided in subdivision (b).(b) The person served shall continue to withhold pursuant to the notice of levy until the amount specified in the notice, including accrued interest, has been paid in full, until the notice is withdrawn, or until one year from the date the notice is received, whichever occurs first.(c) The amount required to be withheld is the lesser of the following:(1) The amount due stated on the notice.(2) The sum of both of the following:(A) The amount of the payments, credits other than payments, or personal property described above and under the persons possession or control when the notice of levy is served on the person.(B) The amount of each payment that becomes due following service of the notice of levy on the person and prior to the expiration of the levy.(d) For the purposes of this section, the term payments does not include earnings as that term is defined in subdivision (a) of Section 706.011 of the Code of Civil Procedure or funds in a deposit account as defined in paragraph (29) of subdivision (a) of Section 9102 of the Commercial Code. The term payments does include any of the following:(1) Payments due for services of independent contractors, dividends, rents, royalties, residuals, patent rights, or mineral or other natural rights.(2) Payments or credits due or becoming due periodically as a result of an enforceable obligation to the distributor, dealer, or other person liable for the tax.(3) Any other payments or credits due or becoming due the distributor, dealer, or other person liable as the result of written or oral contracts for services or sales whether denominated as wages, salary, commission, bonus, or otherwise.(e) In the case of a financial institution, to be effective, the notice shall state the amount due from the consumer and shall be delivered, mailed, or served by electronic transmission or other electronic technology, to the branch or office of the financial institution where the credits or other property is held, unless another branch or office is designated by the financial institution to receive the notice. |
|---|
| 1058 | 1070 | | |
|---|
| 1059 | 1071 | | 32387. (a) The board may, by notice of levy served personally, by first-class mail, or by electronic transmission or other electronic technology, require all persons having in their possession, or under their control, any payments, credits other than payments, or other personal property belonging to a taxpayer or other person liable for any amount under this part to withhold from these credits or other personal property the amount of any tax, interest, or penalties due from the taxpayer or other person, or the amount of any liability incurred by them under this part, and to transmit the amount withheld to the board at the time it may designate. The notice of levy shall have the same effect as a levy pursuant to a writ of execution except for the continuing effect of the levy, as provided in subdivision (b).(b) The person served shall continue to withhold pursuant to the notice of levy until the amount specified in the notice, including accrued interest, has been paid in full, until the notice is withdrawn, or until one year from the date the notice is received, whichever occurs first.(c) The amount required to be withheld is the lesser of the following:(1) The amount due stated on the notice.(2) The sum of both of the following:(A) The amount of the payments, credits other than payments, or personal property described above and under the persons possession or control when the notice of levy is served on the person.(B) The amount of each payment that becomes due following service of the notice of levy on the person and prior to the expiration of the levy.(d) For the purposes of this section, the term payments does not include earnings as that term is defined in subdivision (a) of Section 706.011 of the Code of Civil Procedure or funds in a deposit account as defined in paragraph (29) of subdivision (a) of Section 9102 of the Commercial Code. The term payments does include any of the following:(1) Payments due for services of independent contractors, dividends, rents, royalties, residuals, patent rights, or mineral or other natural rights.(2) Payments or credits due or becoming due periodically as a result of an enforceable obligation to the distributor, dealer, or other person liable for the tax.(3) Any other payments or credits due or becoming due the distributor, dealer, or other person liable as the result of written or oral contracts for services or sales whether denominated as wages, salary, commission, bonus, or otherwise.(e) In the case of a financial institution, to be effective, the notice shall state the amount due from the consumer and shall be delivered, mailed, or served by electronic transmission or other electronic technology, to the branch or office of the financial institution where the credits or other property is held, unless another branch or office is designated by the financial institution to receive the notice. |
|---|
| 1060 | 1072 | | |
|---|
| 1061 | 1073 | | 32387. (a) The board may, by notice of levy served personally, by first-class mail, or by electronic transmission or other electronic technology, require all persons having in their possession, or under their control, any payments, credits other than payments, or other personal property belonging to a taxpayer or other person liable for any amount under this part to withhold from these credits or other personal property the amount of any tax, interest, or penalties due from the taxpayer or other person, or the amount of any liability incurred by them under this part, and to transmit the amount withheld to the board at the time it may designate. The notice of levy shall have the same effect as a levy pursuant to a writ of execution except for the continuing effect of the levy, as provided in subdivision (b).(b) The person served shall continue to withhold pursuant to the notice of levy until the amount specified in the notice, including accrued interest, has been paid in full, until the notice is withdrawn, or until one year from the date the notice is received, whichever occurs first.(c) The amount required to be withheld is the lesser of the following:(1) The amount due stated on the notice.(2) The sum of both of the following:(A) The amount of the payments, credits other than payments, or personal property described above and under the persons possession or control when the notice of levy is served on the person.(B) The amount of each payment that becomes due following service of the notice of levy on the person and prior to the expiration of the levy.(d) For the purposes of this section, the term payments does not include earnings as that term is defined in subdivision (a) of Section 706.011 of the Code of Civil Procedure or funds in a deposit account as defined in paragraph (29) of subdivision (a) of Section 9102 of the Commercial Code. The term payments does include any of the following:(1) Payments due for services of independent contractors, dividends, rents, royalties, residuals, patent rights, or mineral or other natural rights.(2) Payments or credits due or becoming due periodically as a result of an enforceable obligation to the distributor, dealer, or other person liable for the tax.(3) Any other payments or credits due or becoming due the distributor, dealer, or other person liable as the result of written or oral contracts for services or sales whether denominated as wages, salary, commission, bonus, or otherwise.(e) In the case of a financial institution, to be effective, the notice shall state the amount due from the consumer and shall be delivered, mailed, or served by electronic transmission or other electronic technology, to the branch or office of the financial institution where the credits or other property is held, unless another branch or office is designated by the financial institution to receive the notice. |
|---|
| 1062 | 1074 | | |
|---|
| 1063 | 1075 | | |
|---|
| 1064 | 1076 | | |
|---|
| 1065 | 1077 | | 32387. (a) The board may, by notice of levy served personally, by first-class mail, or by electronic transmission or other electronic technology, require all persons having in their possession, or under their control, any payments, credits other than payments, or other personal property belonging to a taxpayer or other person liable for any amount under this part to withhold from these credits or other personal property the amount of any tax, interest, or penalties due from the taxpayer or other person, or the amount of any liability incurred by them under this part, and to transmit the amount withheld to the board at the time it may designate. The notice of levy shall have the same effect as a levy pursuant to a writ of execution except for the continuing effect of the levy, as provided in subdivision (b). |
|---|
| 1066 | 1078 | | |
|---|
| 1067 | 1079 | | (b) The person served shall continue to withhold pursuant to the notice of levy until the amount specified in the notice, including accrued interest, has been paid in full, until the notice is withdrawn, or until one year from the date the notice is received, whichever occurs first. |
|---|
| 1068 | 1080 | | |
|---|
| 1069 | 1081 | | (c) The amount required to be withheld is the lesser of the following: |
|---|
| 1070 | 1082 | | |
|---|
| 1071 | 1083 | | (1) The amount due stated on the notice. |
|---|
| 1072 | 1084 | | |
|---|
| 1073 | 1085 | | (2) The sum of both of the following: |
|---|
| 1074 | 1086 | | |
|---|
| 1075 | 1087 | | (A) The amount of the payments, credits other than payments, or personal property described above and under the persons possession or control when the notice of levy is served on the person. |
|---|
| 1076 | 1088 | | |
|---|
| 1077 | 1089 | | (B) The amount of each payment that becomes due following service of the notice of levy on the person and prior to the expiration of the levy. |
|---|
| 1078 | 1090 | | |
|---|
| 1079 | 1091 | | (d) For the purposes of this section, the term payments does not include earnings as that term is defined in subdivision (a) of Section 706.011 of the Code of Civil Procedure or funds in a deposit account as defined in paragraph (29) of subdivision (a) of Section 9102 of the Commercial Code. The term payments does include any of the following: |
|---|
| 1080 | 1092 | | |
|---|
| 1081 | 1093 | | (1) Payments due for services of independent contractors, dividends, rents, royalties, residuals, patent rights, or mineral or other natural rights. |
|---|
| 1082 | 1094 | | |
|---|
| 1083 | 1095 | | (2) Payments or credits due or becoming due periodically as a result of an enforceable obligation to the distributor, dealer, or other person liable for the tax. |
|---|
| 1084 | 1096 | | |
|---|
| 1085 | 1097 | | (3) Any other payments or credits due or becoming due the distributor, dealer, or other person liable as the result of written or oral contracts for services or sales whether denominated as wages, salary, commission, bonus, or otherwise. |
|---|
| 1086 | 1098 | | |
|---|
| 1087 | 1099 | | (e) In the case of a financial institution, to be effective, the notice shall state the amount due from the consumer and shall be delivered, mailed, or served by electronic transmission or other electronic technology, to the branch or office of the financial institution where the credits or other property is held, unless another branch or office is designated by the financial institution to receive the notice. |
|---|
| 1088 | 1100 | | |
|---|
| 1089 | 1101 | | SEC. 53. Section 32432.5 of the Revenue and Taxation Code is amended to read:32432.5. (a) Notwithstanding any other provision of this part, if the board finds that neither the person liable for payment of tax nor any party related to that person has in any way caused an erroneous refund for which an action for recovery is provided under Section 32431, no interest shall be imposed on the amount of that erroneous refund until 30 days after the date on which the board serves a notice of determination for repayment of the erroneous refund to the person. The act of filing a claim for refund shall not be considered as causing the erroneous refund.(b) This section shall be operative for any action for recovery under Section 32431 on or after January 1, 2000. |
|---|
| 1090 | 1102 | | |
|---|
| 1091 | 1103 | | SEC. 53. Section 32432.5 of the Revenue and Taxation Code is amended to read: |
|---|
| 1092 | 1104 | | |
|---|
| 1093 | 1105 | | ### SEC. 53. |
|---|
| 1094 | 1106 | | |
|---|
| 1095 | 1107 | | 32432.5. (a) Notwithstanding any other provision of this part, if the board finds that neither the person liable for payment of tax nor any party related to that person has in any way caused an erroneous refund for which an action for recovery is provided under Section 32431, no interest shall be imposed on the amount of that erroneous refund until 30 days after the date on which the board serves a notice of determination for repayment of the erroneous refund to the person. The act of filing a claim for refund shall not be considered as causing the erroneous refund.(b) This section shall be operative for any action for recovery under Section 32431 on or after January 1, 2000. |
|---|
| 1096 | 1108 | | |
|---|
| 1097 | 1109 | | 32432.5. (a) Notwithstanding any other provision of this part, if the board finds that neither the person liable for payment of tax nor any party related to that person has in any way caused an erroneous refund for which an action for recovery is provided under Section 32431, no interest shall be imposed on the amount of that erroneous refund until 30 days after the date on which the board serves a notice of determination for repayment of the erroneous refund to the person. The act of filing a claim for refund shall not be considered as causing the erroneous refund.(b) This section shall be operative for any action for recovery under Section 32431 on or after January 1, 2000. |
|---|
| 1098 | 1110 | | |
|---|
| 1099 | 1111 | | 32432.5. (a) Notwithstanding any other provision of this part, if the board finds that neither the person liable for payment of tax nor any party related to that person has in any way caused an erroneous refund for which an action for recovery is provided under Section 32431, no interest shall be imposed on the amount of that erroneous refund until 30 days after the date on which the board serves a notice of determination for repayment of the erroneous refund to the person. The act of filing a claim for refund shall not be considered as causing the erroneous refund.(b) This section shall be operative for any action for recovery under Section 32431 on or after January 1, 2000. |
|---|
| 1100 | 1112 | | |
|---|
| 1101 | 1113 | | |
|---|
| 1102 | 1114 | | |
|---|
| 1103 | 1115 | | 32432.5. (a) Notwithstanding any other provision of this part, if the board finds that neither the person liable for payment of tax nor any party related to that person has in any way caused an erroneous refund for which an action for recovery is provided under Section 32431, no interest shall be imposed on the amount of that erroneous refund until 30 days after the date on which the board serves a notice of determination for repayment of the erroneous refund to the person. The act of filing a claim for refund shall not be considered as causing the erroneous refund. |
|---|
| 1104 | 1116 | | |
|---|
| 1105 | 1117 | | (b) This section shall be operative for any action for recovery under Section 32431 on or after January 1, 2000. |
|---|
| 1106 | 1118 | | |
|---|
| 1107 | 1119 | | SEC. 54. Section 32452 of the Revenue and Taxation Code is amended to read:32452. (a) In addition to any other reports or schedules required under this part, the board may, by rule and otherwise, require additional, other, or supplemental reports or schedules from alcoholic beverage licensees, common and private carriers, and other persons and prescribe the form, including verification, of the information to be given on, and the times for filing of, such additional, other, or supplemental reports or schedules.(b) Any reports or schedules required to be filed under this section shall be filed using electronic media. Reports shall be authenticated in a form or pursuant to methods as may be prescribed by the board.(c) The failure or refusal of any person to render the reports required under this section is a misdemeanor. |
|---|
| 1108 | 1120 | | |
|---|
| 1109 | 1121 | | SEC. 54. Section 32452 of the Revenue and Taxation Code is amended to read: |
|---|
| 1110 | 1122 | | |
|---|
| 1111 | 1123 | | ### SEC. 54. |
|---|
| 1112 | 1124 | | |
|---|
| 1113 | 1125 | | 32452. (a) In addition to any other reports or schedules required under this part, the board may, by rule and otherwise, require additional, other, or supplemental reports or schedules from alcoholic beverage licensees, common and private carriers, and other persons and prescribe the form, including verification, of the information to be given on, and the times for filing of, such additional, other, or supplemental reports or schedules.(b) Any reports or schedules required to be filed under this section shall be filed using electronic media. Reports shall be authenticated in a form or pursuant to methods as may be prescribed by the board.(c) The failure or refusal of any person to render the reports required under this section is a misdemeanor. |
|---|
| 1114 | 1126 | | |
|---|
| 1115 | 1127 | | 32452. (a) In addition to any other reports or schedules required under this part, the board may, by rule and otherwise, require additional, other, or supplemental reports or schedules from alcoholic beverage licensees, common and private carriers, and other persons and prescribe the form, including verification, of the information to be given on, and the times for filing of, such additional, other, or supplemental reports or schedules.(b) Any reports or schedules required to be filed under this section shall be filed using electronic media. Reports shall be authenticated in a form or pursuant to methods as may be prescribed by the board.(c) The failure or refusal of any person to render the reports required under this section is a misdemeanor. |
|---|
| 1116 | 1128 | | |
|---|
| 1117 | 1129 | | 32452. (a) In addition to any other reports or schedules required under this part, the board may, by rule and otherwise, require additional, other, or supplemental reports or schedules from alcoholic beverage licensees, common and private carriers, and other persons and prescribe the form, including verification, of the information to be given on, and the times for filing of, such additional, other, or supplemental reports or schedules.(b) Any reports or schedules required to be filed under this section shall be filed using electronic media. Reports shall be authenticated in a form or pursuant to methods as may be prescribed by the board.(c) The failure or refusal of any person to render the reports required under this section is a misdemeanor. |
|---|
| 1118 | 1130 | | |
|---|
| 1119 | 1131 | | |
|---|
| 1120 | 1132 | | |
|---|
| 1121 | 1133 | | 32452. (a) In addition to any other reports or schedules required under this part, the board may, by rule and otherwise, require additional, other, or supplemental reports or schedules from alcoholic beverage licensees, common and private carriers, and other persons and prescribe the form, including verification, of the information to be given on, and the times for filing of, such additional, other, or supplemental reports or schedules. |
|---|
| 1122 | 1134 | | |
|---|
| 1123 | 1135 | | (b) Any reports or schedules required to be filed under this section shall be filed using electronic media. Reports shall be authenticated in a form or pursuant to methods as may be prescribed by the board. |
|---|
| 1124 | 1136 | | |
|---|
| 1125 | 1137 | | (c) The failure or refusal of any person to render the reports required under this section is a misdemeanor. |
|---|
| 1126 | 1138 | | |
|---|
| 1127 | 1139 | | SEC. 55. Section 38416 of the Revenue and Taxation Code is amended to read:38416. The department shall give to the person written notice of its determination. The notice shall be served in one of the following manners:(a) By placing the notice in a sealed envelope, with postage paid, addressed to the person at their address as it appears in the records of the department. Service made pursuant to this subdivision shall be deemed complete at the time of the deposit of the notice in the United States Post Office, or a mailbox, sub-post office, substation, or mail chute, or other facility regularly maintained or provided by the United States Postal Service, without extension of time for any reason.(b) By personally delivering the notice to the person to be served. Service made pursuant to this subdivision is complete at the time of delivery. Personal service to a corporation may be made by delivery of a notice to any person designated in the Code of Civil Procedure to be served for the corporation with summons and complaint in a civil action.(c) (1) By delivering the notice electronically via secure transmission when either of the following applies:(A) The taxpayer requests the notice of determination to be sent electronically via secure transmission.(B) The department has evidence that the taxpayer no longer receives mail at the address of record and has previously provided an address for electronic mail.(2) Service provided pursuant to paragraph (1) shall be deemed complete at the time the department electronically transmits the notice via the taxpayers secure web portal, without extension of time for any reason. |
|---|
| 1128 | 1140 | | |
|---|
| 1129 | 1141 | | SEC. 55. Section 38416 of the Revenue and Taxation Code is amended to read: |
|---|
| 1130 | 1142 | | |
|---|
| 1131 | 1143 | | ### SEC. 55. |
|---|
| 1132 | 1144 | | |
|---|
| 1133 | 1145 | | 38416. The department shall give to the person written notice of its determination. The notice shall be served in one of the following manners:(a) By placing the notice in a sealed envelope, with postage paid, addressed to the person at their address as it appears in the records of the department. Service made pursuant to this subdivision shall be deemed complete at the time of the deposit of the notice in the United States Post Office, or a mailbox, sub-post office, substation, or mail chute, or other facility regularly maintained or provided by the United States Postal Service, without extension of time for any reason.(b) By personally delivering the notice to the person to be served. Service made pursuant to this subdivision is complete at the time of delivery. Personal service to a corporation may be made by delivery of a notice to any person designated in the Code of Civil Procedure to be served for the corporation with summons and complaint in a civil action.(c) (1) By delivering the notice electronically via secure transmission when either of the following applies:(A) The taxpayer requests the notice of determination to be sent electronically via secure transmission.(B) The department has evidence that the taxpayer no longer receives mail at the address of record and has previously provided an address for electronic mail.(2) Service provided pursuant to paragraph (1) shall be deemed complete at the time the department electronically transmits the notice via the taxpayers secure web portal, without extension of time for any reason. |
|---|
| 1134 | 1146 | | |
|---|
| 1135 | 1147 | | 38416. The department shall give to the person written notice of its determination. The notice shall be served in one of the following manners:(a) By placing the notice in a sealed envelope, with postage paid, addressed to the person at their address as it appears in the records of the department. Service made pursuant to this subdivision shall be deemed complete at the time of the deposit of the notice in the United States Post Office, or a mailbox, sub-post office, substation, or mail chute, or other facility regularly maintained or provided by the United States Postal Service, without extension of time for any reason.(b) By personally delivering the notice to the person to be served. Service made pursuant to this subdivision is complete at the time of delivery. Personal service to a corporation may be made by delivery of a notice to any person designated in the Code of Civil Procedure to be served for the corporation with summons and complaint in a civil action.(c) (1) By delivering the notice electronically via secure transmission when either of the following applies:(A) The taxpayer requests the notice of determination to be sent electronically via secure transmission.(B) The department has evidence that the taxpayer no longer receives mail at the address of record and has previously provided an address for electronic mail.(2) Service provided pursuant to paragraph (1) shall be deemed complete at the time the department electronically transmits the notice via the taxpayers secure web portal, without extension of time for any reason. |
|---|
| 1136 | 1148 | | |
|---|
| 1137 | 1149 | | 38416. The department shall give to the person written notice of its determination. The notice shall be served in one of the following manners:(a) By placing the notice in a sealed envelope, with postage paid, addressed to the person at their address as it appears in the records of the department. Service made pursuant to this subdivision shall be deemed complete at the time of the deposit of the notice in the United States Post Office, or a mailbox, sub-post office, substation, or mail chute, or other facility regularly maintained or provided by the United States Postal Service, without extension of time for any reason.(b) By personally delivering the notice to the person to be served. Service made pursuant to this subdivision is complete at the time of delivery. Personal service to a corporation may be made by delivery of a notice to any person designated in the Code of Civil Procedure to be served for the corporation with summons and complaint in a civil action.(c) (1) By delivering the notice electronically via secure transmission when either of the following applies:(A) The taxpayer requests the notice of determination to be sent electronically via secure transmission.(B) The department has evidence that the taxpayer no longer receives mail at the address of record and has previously provided an address for electronic mail.(2) Service provided pursuant to paragraph (1) shall be deemed complete at the time the department electronically transmits the notice via the taxpayers secure web portal, without extension of time for any reason. |
|---|
| 1138 | 1150 | | |
|---|
| 1139 | 1151 | | |
|---|
| 1140 | 1152 | | |
|---|
| 1141 | 1153 | | 38416. The department shall give to the person written notice of its determination. The notice shall be served in one of the following manners: |
|---|
| 1142 | 1154 | | |
|---|
| 1143 | 1155 | | (a) By placing the notice in a sealed envelope, with postage paid, addressed to the person at their address as it appears in the records of the department. Service made pursuant to this subdivision shall be deemed complete at the time of the deposit of the notice in the United States Post Office, or a mailbox, sub-post office, substation, or mail chute, or other facility regularly maintained or provided by the United States Postal Service, without extension of time for any reason. |
|---|
| 1144 | 1156 | | |
|---|
| 1145 | 1157 | | (b) By personally delivering the notice to the person to be served. Service made pursuant to this subdivision is complete at the time of delivery. Personal service to a corporation may be made by delivery of a notice to any person designated in the Code of Civil Procedure to be served for the corporation with summons and complaint in a civil action. |
|---|
| 1146 | 1158 | | |
|---|
| 1147 | 1159 | | (c) (1) By delivering the notice electronically via secure transmission when either of the following applies: |
|---|
| 1148 | 1160 | | |
|---|
| 1149 | 1161 | | (A) The taxpayer requests the notice of determination to be sent electronically via secure transmission. |
|---|
| 1150 | 1162 | | |
|---|
| 1151 | 1163 | | (B) The department has evidence that the taxpayer no longer receives mail at the address of record and has previously provided an address for electronic mail. |
|---|
| 1152 | 1164 | | |
|---|
| 1153 | 1165 | | (2) Service provided pursuant to paragraph (1) shall be deemed complete at the time the department electronically transmits the notice via the taxpayers secure web portal, without extension of time for any reason. |
|---|
| 1154 | 1166 | | |
|---|
| 1155 | 1167 | | SEC. 56. Section 38417 of the Revenue and Taxation Code is amended to read:38417. Except in the case of fraud, intent to evade this part or authorized rules and regulations, or failure to make a return, every notice of a deficiency determination shall be served within three years after the last day of the calendar month following the quarterly period for which the amount is proposed to be determined or within three years after the return is filed, whichever period expires the later. In the case of failure to make a return, every notice of determination shall be served within eight years after the last day of the calendar month following the quarterly period for which the amount is proposed to be determined. |
|---|
| 1156 | 1168 | | |
|---|
| 1157 | 1169 | | SEC. 56. Section 38417 of the Revenue and Taxation Code is amended to read: |
|---|
| 1158 | 1170 | | |
|---|
| 1159 | 1171 | | ### SEC. 56. |
|---|
| 1160 | 1172 | | |
|---|
| 1161 | 1173 | | 38417. Except in the case of fraud, intent to evade this part or authorized rules and regulations, or failure to make a return, every notice of a deficiency determination shall be served within three years after the last day of the calendar month following the quarterly period for which the amount is proposed to be determined or within three years after the return is filed, whichever period expires the later. In the case of failure to make a return, every notice of determination shall be served within eight years after the last day of the calendar month following the quarterly period for which the amount is proposed to be determined. |
|---|
| 1162 | 1174 | | |
|---|
| 1163 | 1175 | | 38417. Except in the case of fraud, intent to evade this part or authorized rules and regulations, or failure to make a return, every notice of a deficiency determination shall be served within three years after the last day of the calendar month following the quarterly period for which the amount is proposed to be determined or within three years after the return is filed, whichever period expires the later. In the case of failure to make a return, every notice of determination shall be served within eight years after the last day of the calendar month following the quarterly period for which the amount is proposed to be determined. |
|---|
| 1164 | 1176 | | |
|---|
| 1165 | 1177 | | 38417. Except in the case of fraud, intent to evade this part or authorized rules and regulations, or failure to make a return, every notice of a deficiency determination shall be served within three years after the last day of the calendar month following the quarterly period for which the amount is proposed to be determined or within three years after the return is filed, whichever period expires the later. In the case of failure to make a return, every notice of determination shall be served within eight years after the last day of the calendar month following the quarterly period for which the amount is proposed to be determined. |
|---|
| 1166 | 1178 | | |
|---|
| 1167 | 1179 | | |
|---|
| 1168 | 1180 | | |
|---|
| 1169 | 1181 | | 38417. Except in the case of fraud, intent to evade this part or authorized rules and regulations, or failure to make a return, every notice of a deficiency determination shall be served within three years after the last day of the calendar month following the quarterly period for which the amount is proposed to be determined or within three years after the return is filed, whichever period expires the later. In the case of failure to make a return, every notice of determination shall be served within eight years after the last day of the calendar month following the quarterly period for which the amount is proposed to be determined. |
|---|
| 1170 | 1182 | | |
|---|
| 1171 | 1183 | | SEC. 57. Section 38418 of the Revenue and Taxation Code is amended to read:38418. In the case of a deficiency arising under this part during the lifetime of a decedent, a notice of deficiency determination shall be served within four months after written request therefor, in the form required by the department, by the fiduciary of the estate or trust or by any other person liable for the tax or any portion thereof. |
|---|
| 1172 | 1184 | | |
|---|
| 1173 | 1185 | | SEC. 57. Section 38418 of the Revenue and Taxation Code is amended to read: |
|---|
| 1174 | 1186 | | |
|---|
| 1175 | 1187 | | ### SEC. 57. |
|---|
| 1176 | 1188 | | |
|---|
| 1177 | 1189 | | 38418. In the case of a deficiency arising under this part during the lifetime of a decedent, a notice of deficiency determination shall be served within four months after written request therefor, in the form required by the department, by the fiduciary of the estate or trust or by any other person liable for the tax or any portion thereof. |
|---|
| 1178 | 1190 | | |
|---|
| 1179 | 1191 | | 38418. In the case of a deficiency arising under this part during the lifetime of a decedent, a notice of deficiency determination shall be served within four months after written request therefor, in the form required by the department, by the fiduciary of the estate or trust or by any other person liable for the tax or any portion thereof. |
|---|
| 1180 | 1192 | | |
|---|
| 1181 | 1193 | | 38418. In the case of a deficiency arising under this part during the lifetime of a decedent, a notice of deficiency determination shall be served within four months after written request therefor, in the form required by the department, by the fiduciary of the estate or trust or by any other person liable for the tax or any portion thereof. |
|---|
| 1182 | 1194 | | |
|---|
| 1183 | 1195 | | |
|---|
| 1184 | 1196 | | |
|---|
| 1185 | 1197 | | 38418. In the case of a deficiency arising under this part during the lifetime of a decedent, a notice of deficiency determination shall be served within four months after written request therefor, in the form required by the department, by the fiduciary of the estate or trust or by any other person liable for the tax or any portion thereof. |
|---|
| 1186 | 1198 | | |
|---|
| 1187 | 1199 | | SEC. 58. Section 38419 of the Revenue and Taxation Code is amended to read:38419. If before the expiration of the time prescribed in Section 38417 for serving a notice of deficiency determination the taxpayer has consented in writing to the service of the notice after such time, the notice may be served at any time prior to the expiration of the period agreed upon. The period so agreed upon may be extended by subsequent agreements in writing made before the expiration of the period previously agreed upon. |
|---|
| 1188 | 1200 | | |
|---|
| 1189 | 1201 | | SEC. 58. Section 38419 of the Revenue and Taxation Code is amended to read: |
|---|
| 1190 | 1202 | | |
|---|
| 1191 | 1203 | | ### SEC. 58. |
|---|
| 1192 | 1204 | | |
|---|
| 1193 | 1205 | | 38419. If before the expiration of the time prescribed in Section 38417 for serving a notice of deficiency determination the taxpayer has consented in writing to the service of the notice after such time, the notice may be served at any time prior to the expiration of the period agreed upon. The period so agreed upon may be extended by subsequent agreements in writing made before the expiration of the period previously agreed upon. |
|---|
| 1194 | 1206 | | |
|---|
| 1195 | 1207 | | 38419. If before the expiration of the time prescribed in Section 38417 for serving a notice of deficiency determination the taxpayer has consented in writing to the service of the notice after such time, the notice may be served at any time prior to the expiration of the period agreed upon. The period so agreed upon may be extended by subsequent agreements in writing made before the expiration of the period previously agreed upon. |
|---|
| 1196 | 1208 | | |
|---|
| 1197 | 1209 | | 38419. If before the expiration of the time prescribed in Section 38417 for serving a notice of deficiency determination the taxpayer has consented in writing to the service of the notice after such time, the notice may be served at any time prior to the expiration of the period agreed upon. The period so agreed upon may be extended by subsequent agreements in writing made before the expiration of the period previously agreed upon. |
|---|
| 1198 | 1210 | | |
|---|
| 1199 | 1211 | | |
|---|
| 1200 | 1212 | | |
|---|
| 1201 | 1213 | | 38419. If before the expiration of the time prescribed in Section 38417 for serving a notice of deficiency determination the taxpayer has consented in writing to the service of the notice after such time, the notice may be served at any time prior to the expiration of the period agreed upon. The period so agreed upon may be extended by subsequent agreements in writing made before the expiration of the period previously agreed upon. |
|---|
| 1202 | 1214 | | |
|---|
| 1203 | 1215 | | SEC. 59. Section 38425 of the Revenue and Taxation Code is amended to read:38425. Promptly after making its determination the department shall give to the person written notice of the estimate, determination, and penalty, the notice to be served in the manner prescribed for service of notice of a deficiency determination. |
|---|
| 1204 | 1216 | | |
|---|
| 1205 | 1217 | | SEC. 59. Section 38425 of the Revenue and Taxation Code is amended to read: |
|---|
| 1206 | 1218 | | |
|---|
| 1207 | 1219 | | ### SEC. 59. |
|---|
| 1208 | 1220 | | |
|---|
| 1209 | 1221 | | 38425. Promptly after making its determination the department shall give to the person written notice of the estimate, determination, and penalty, the notice to be served in the manner prescribed for service of notice of a deficiency determination. |
|---|
| 1210 | 1222 | | |
|---|
| 1211 | 1223 | | 38425. Promptly after making its determination the department shall give to the person written notice of the estimate, determination, and penalty, the notice to be served in the manner prescribed for service of notice of a deficiency determination. |
|---|
| 1212 | 1224 | | |
|---|
| 1213 | 1225 | | 38425. Promptly after making its determination the department shall give to the person written notice of the estimate, determination, and penalty, the notice to be served in the manner prescribed for service of notice of a deficiency determination. |
|---|
| 1214 | 1226 | | |
|---|
| 1215 | 1227 | | |
|---|
| 1216 | 1228 | | |
|---|
| 1217 | 1229 | | 38425. Promptly after making its determination the department shall give to the person written notice of the estimate, determination, and penalty, the notice to be served in the manner prescribed for service of notice of a deficiency determination. |
|---|
| 1218 | 1230 | | |
|---|
| 1219 | 1231 | | SEC. 60. Section 38434 of the Revenue and Taxation Code is amended to read:38434. Any notice required by this article shall be served in the manner prescribed for service of notice of a deficiency determination. |
|---|
| 1220 | 1232 | | |
|---|
| 1221 | 1233 | | SEC. 60. Section 38434 of the Revenue and Taxation Code is amended to read: |
|---|
| 1222 | 1234 | | |
|---|
| 1223 | 1235 | | ### SEC. 60. |
|---|
| 1224 | 1236 | | |
|---|
| 1225 | 1237 | | 38434. Any notice required by this article shall be served in the manner prescribed for service of notice of a deficiency determination. |
|---|
| 1226 | 1238 | | |
|---|
| 1227 | 1239 | | 38434. Any notice required by this article shall be served in the manner prescribed for service of notice of a deficiency determination. |
|---|
| 1228 | 1240 | | |
|---|
| 1229 | 1241 | | 38434. Any notice required by this article shall be served in the manner prescribed for service of notice of a deficiency determination. |
|---|
| 1230 | 1242 | | |
|---|
| 1231 | 1243 | | |
|---|
| 1232 | 1244 | | |
|---|
| 1233 | 1245 | | 38434. Any notice required by this article shall be served in the manner prescribed for service of notice of a deficiency determination. |
|---|
| 1234 | 1246 | | |
|---|
| 1235 | 1247 | | SEC. 61. Section 38447 of the Revenue and Taxation Code is amended to read:38447. Any notice required by this article shall be served in the manner prescribed for service of notice of a deficiency determination. |
|---|
| 1236 | 1248 | | |
|---|
| 1237 | 1249 | | SEC. 61. Section 38447 of the Revenue and Taxation Code is amended to read: |
|---|
| 1238 | 1250 | | |
|---|
| 1239 | 1251 | | ### SEC. 61. |
|---|
| 1240 | 1252 | | |
|---|
| 1241 | 1253 | | 38447. Any notice required by this article shall be served in the manner prescribed for service of notice of a deficiency determination. |
|---|
| 1242 | 1254 | | |
|---|
| 1243 | 1255 | | 38447. Any notice required by this article shall be served in the manner prescribed for service of notice of a deficiency determination. |
|---|
| 1244 | 1256 | | |
|---|
| 1245 | 1257 | | 38447. Any notice required by this article shall be served in the manner prescribed for service of notice of a deficiency determination. |
|---|
| 1246 | 1258 | | |
|---|
| 1247 | 1259 | | |
|---|
| 1248 | 1260 | | |
|---|
| 1249 | 1261 | | 38447. Any notice required by this article shall be served in the manner prescribed for service of notice of a deficiency determination. |
|---|
| 1250 | 1262 | | |
|---|
| 1251 | 1263 | | SEC. 62. Section 38501 of the Revenue and Taxation Code is amended to read:38501. The department, whenever it deems it necessary to ensure compliance with this part, may require any person subject thereto, to place with it such security as the department may determine. Any security in the form of cash, government bonds, or insured deposits in banks or savings and loan institutions shall be held by the department in trust to be used solely in the manner provided by this section and Section 38565. The amount of the security shall be fixed by the department but, except as noted below, shall not be greater than twice the estimated average liability of persons filing returns for quarterly periods or three times the estimated average liability of persons required to file returns for monthly periods, determined in such manner as the department deems proper, or ten thousand dollars ($10,000), whichever amount is the lesser. The limitations herein provided apply regardless of the type of security placed with the department. The amount of the security may be increased or decreased by the department subject to the limitations herein provided. The department may sell the security at public auction if it becomes necessary to do so in order to recover any tax or any amount required to be collected, interest, or penalty due. Notice of the sale may be served upon the person who placed the security in the manner prescribed for service of a notice of a deficiency determination. Security in the form of a bearer bond issued by the United States or the State of California which has a prevailing market price may, however, be sold by the department at private sale at a price not lower than the prevailing market price thereof. Upon any sale any surplus above the amounts due shall be returned to the person who placed the security. |
|---|
| 1252 | 1264 | | |
|---|
| 1253 | 1265 | | SEC. 62. Section 38501 of the Revenue and Taxation Code is amended to read: |
|---|
| 1254 | 1266 | | |
|---|
| 1255 | 1267 | | ### SEC. 62. |
|---|
| 1256 | 1268 | | |
|---|
| 1257 | 1269 | | 38501. The department, whenever it deems it necessary to ensure compliance with this part, may require any person subject thereto, to place with it such security as the department may determine. Any security in the form of cash, government bonds, or insured deposits in banks or savings and loan institutions shall be held by the department in trust to be used solely in the manner provided by this section and Section 38565. The amount of the security shall be fixed by the department but, except as noted below, shall not be greater than twice the estimated average liability of persons filing returns for quarterly periods or three times the estimated average liability of persons required to file returns for monthly periods, determined in such manner as the department deems proper, or ten thousand dollars ($10,000), whichever amount is the lesser. The limitations herein provided apply regardless of the type of security placed with the department. The amount of the security may be increased or decreased by the department subject to the limitations herein provided. The department may sell the security at public auction if it becomes necessary to do so in order to recover any tax or any amount required to be collected, interest, or penalty due. Notice of the sale may be served upon the person who placed the security in the manner prescribed for service of a notice of a deficiency determination. Security in the form of a bearer bond issued by the United States or the State of California which has a prevailing market price may, however, be sold by the department at private sale at a price not lower than the prevailing market price thereof. Upon any sale any surplus above the amounts due shall be returned to the person who placed the security. |
|---|
| 1258 | 1270 | | |
|---|
| 1259 | 1271 | | 38501. The department, whenever it deems it necessary to ensure compliance with this part, may require any person subject thereto, to place with it such security as the department may determine. Any security in the form of cash, government bonds, or insured deposits in banks or savings and loan institutions shall be held by the department in trust to be used solely in the manner provided by this section and Section 38565. The amount of the security shall be fixed by the department but, except as noted below, shall not be greater than twice the estimated average liability of persons filing returns for quarterly periods or three times the estimated average liability of persons required to file returns for monthly periods, determined in such manner as the department deems proper, or ten thousand dollars ($10,000), whichever amount is the lesser. The limitations herein provided apply regardless of the type of security placed with the department. The amount of the security may be increased or decreased by the department subject to the limitations herein provided. The department may sell the security at public auction if it becomes necessary to do so in order to recover any tax or any amount required to be collected, interest, or penalty due. Notice of the sale may be served upon the person who placed the security in the manner prescribed for service of a notice of a deficiency determination. Security in the form of a bearer bond issued by the United States or the State of California which has a prevailing market price may, however, be sold by the department at private sale at a price not lower than the prevailing market price thereof. Upon any sale any surplus above the amounts due shall be returned to the person who placed the security. |
|---|
| 1260 | 1272 | | |
|---|
| 1261 | 1273 | | 38501. The department, whenever it deems it necessary to ensure compliance with this part, may require any person subject thereto, to place with it such security as the department may determine. Any security in the form of cash, government bonds, or insured deposits in banks or savings and loan institutions shall be held by the department in trust to be used solely in the manner provided by this section and Section 38565. The amount of the security shall be fixed by the department but, except as noted below, shall not be greater than twice the estimated average liability of persons filing returns for quarterly periods or three times the estimated average liability of persons required to file returns for monthly periods, determined in such manner as the department deems proper, or ten thousand dollars ($10,000), whichever amount is the lesser. The limitations herein provided apply regardless of the type of security placed with the department. The amount of the security may be increased or decreased by the department subject to the limitations herein provided. The department may sell the security at public auction if it becomes necessary to do so in order to recover any tax or any amount required to be collected, interest, or penalty due. Notice of the sale may be served upon the person who placed the security in the manner prescribed for service of a notice of a deficiency determination. Security in the form of a bearer bond issued by the United States or the State of California which has a prevailing market price may, however, be sold by the department at private sale at a price not lower than the prevailing market price thereof. Upon any sale any surplus above the amounts due shall be returned to the person who placed the security. |
|---|
| 1262 | 1274 | | |
|---|
| 1263 | 1275 | | |
|---|
| 1264 | 1276 | | |
|---|
| 1265 | 1277 | | 38501. The department, whenever it deems it necessary to ensure compliance with this part, may require any person subject thereto, to place with it such security as the department may determine. Any security in the form of cash, government bonds, or insured deposits in banks or savings and loan institutions shall be held by the department in trust to be used solely in the manner provided by this section and Section 38565. The amount of the security shall be fixed by the department but, except as noted below, shall not be greater than twice the estimated average liability of persons filing returns for quarterly periods or three times the estimated average liability of persons required to file returns for monthly periods, determined in such manner as the department deems proper, or ten thousand dollars ($10,000), whichever amount is the lesser. The limitations herein provided apply regardless of the type of security placed with the department. The amount of the security may be increased or decreased by the department subject to the limitations herein provided. The department may sell the security at public auction if it becomes necessary to do so in order to recover any tax or any amount required to be collected, interest, or penalty due. Notice of the sale may be served upon the person who placed the security in the manner prescribed for service of a notice of a deficiency determination. Security in the form of a bearer bond issued by the United States or the State of California which has a prevailing market price may, however, be sold by the department at private sale at a price not lower than the prevailing market price thereof. Upon any sale any surplus above the amounts due shall be returned to the person who placed the security. |
|---|
| 1266 | 1278 | | |
|---|
| 1267 | 1279 | | SEC. 63. Section 38624 of the Revenue and Taxation Code is amended to read:38624. (a) Notwithstanding any other provision of this part, if the department finds that neither the person liable for payment of tax nor any party related to that person has in any way caused an erroneous refund for which an action for recovery is provided under Section 38621, no interest shall be imposed on the amount of that erroneous refund until 30 days after the date on which the department serves a notice of determination for repayment of the erroneous refund to the person. The act of filing a claim for refund shall not be considered as causing the erroneous refund.(b) This section shall be operative for any action for recovery under Section 38621 on or after January 1, 2000. |
|---|
| 1268 | 1280 | | |
|---|
| 1269 | 1281 | | SEC. 63. Section 38624 of the Revenue and Taxation Code is amended to read: |
|---|
| 1270 | 1282 | | |
|---|
| 1271 | 1283 | | ### SEC. 63. |
|---|
| 1272 | 1284 | | |
|---|
| 1273 | 1285 | | 38624. (a) Notwithstanding any other provision of this part, if the department finds that neither the person liable for payment of tax nor any party related to that person has in any way caused an erroneous refund for which an action for recovery is provided under Section 38621, no interest shall be imposed on the amount of that erroneous refund until 30 days after the date on which the department serves a notice of determination for repayment of the erroneous refund to the person. The act of filing a claim for refund shall not be considered as causing the erroneous refund.(b) This section shall be operative for any action for recovery under Section 38621 on or after January 1, 2000. |
|---|
| 1274 | 1286 | | |
|---|
| 1275 | 1287 | | 38624. (a) Notwithstanding any other provision of this part, if the department finds that neither the person liable for payment of tax nor any party related to that person has in any way caused an erroneous refund for which an action for recovery is provided under Section 38621, no interest shall be imposed on the amount of that erroneous refund until 30 days after the date on which the department serves a notice of determination for repayment of the erroneous refund to the person. The act of filing a claim for refund shall not be considered as causing the erroneous refund.(b) This section shall be operative for any action for recovery under Section 38621 on or after January 1, 2000. |
|---|
| 1276 | 1288 | | |
|---|
| 1277 | 1289 | | 38624. (a) Notwithstanding any other provision of this part, if the department finds that neither the person liable for payment of tax nor any party related to that person has in any way caused an erroneous refund for which an action for recovery is provided under Section 38621, no interest shall be imposed on the amount of that erroneous refund until 30 days after the date on which the department serves a notice of determination for repayment of the erroneous refund to the person. The act of filing a claim for refund shall not be considered as causing the erroneous refund.(b) This section shall be operative for any action for recovery under Section 38621 on or after January 1, 2000. |
|---|
| 1278 | 1290 | | |
|---|
| 1279 | 1291 | | |
|---|
| 1280 | 1292 | | |
|---|
| 1281 | 1293 | | 38624. (a) Notwithstanding any other provision of this part, if the department finds that neither the person liable for payment of tax nor any party related to that person has in any way caused an erroneous refund for which an action for recovery is provided under Section 38621, no interest shall be imposed on the amount of that erroneous refund until 30 days after the date on which the department serves a notice of determination for repayment of the erroneous refund to the person. The act of filing a claim for refund shall not be considered as causing the erroneous refund. |
|---|
| 1282 | 1294 | | |
|---|
| 1283 | 1295 | | (b) This section shall be operative for any action for recovery under Section 38621 on or after January 1, 2000. |
|---|
| 1284 | 1296 | | |
|---|
| 1285 | 1297 | | SEC. 64. Section 40005 of the Revenue and Taxation Code is amended to read:40005. Board or department means the California Department of Tax and Fee Administration. |
|---|
| 1286 | 1298 | | |
|---|
| 1287 | 1299 | | SEC. 64. Section 40005 of the Revenue and Taxation Code is amended to read: |
|---|
| 1288 | 1300 | | |
|---|
| 1289 | 1301 | | ### SEC. 64. |
|---|
| 1290 | 1302 | | |
|---|
| 1291 | 1303 | | 40005. Board or department means the California Department of Tax and Fee Administration. |
|---|
| 1292 | 1304 | | |
|---|
| 1293 | 1305 | | 40005. Board or department means the California Department of Tax and Fee Administration. |
|---|
| 1294 | 1306 | | |
|---|
| 1295 | 1307 | | 40005. Board or department means the California Department of Tax and Fee Administration. |
|---|
| 1296 | 1308 | | |
|---|
| 1297 | 1309 | | |
|---|
| 1298 | 1310 | | |
|---|
| 1299 | 1311 | | 40005. Board or department means the California Department of Tax and Fee Administration. |
|---|
| 1300 | 1312 | | |
|---|
| 1301 | 1313 | | SEC. 65. Section 40076 of the Revenue and Taxation Code is amended to read:40076. The department shall give to the electric utility or person consuming electrical energy written notice of its determination. The notice shall be served in one of the following manners:(a) By placing the notice in a sealed envelope with postage paid addressed to the electric utility or person consuming electrical energy at their address as it appears in the records of the department. Service made pursuant to this subdivision shall be deemed complete at the time of the deposit of the notice in the United States Post Office, or a mailbox, sub-post office, substation, or mail chute, or other facility regularly maintained or provided by the United States Postal Service, without extension of time for any reason.(b) By personally delivering the notice to the person to be served. Service made pursuant to this subdivision shall be deemed complete at the time of such delivery. Personal service to a corporation may be made by delivery of a notice to any person designated in the Code of Civil Procedure to be served for the corporation with summons and complaint in a civil action.(c) (1) By delivering the notice electronically via secure transmission when either of the following applies:(A) The feepayer requests the notice of determination to be sent electronically via secure transmission.(B) The department has evidence that the feepayer no longer receives mail at the address of record and has previously provided an address for electronic mail.(2) Service provided pursuant to paragraph (1) shall be deemed complete at the time the department electronically transmits the notice via the feepayers secure web portal, without extension of time for any reason. |
|---|
| 1302 | 1314 | | |
|---|
| 1303 | 1315 | | SEC. 65. Section 40076 of the Revenue and Taxation Code is amended to read: |
|---|
| 1304 | 1316 | | |
|---|
| 1305 | 1317 | | ### SEC. 65. |
|---|
| 1306 | 1318 | | |
|---|
| 1307 | 1319 | | 40076. The department shall give to the electric utility or person consuming electrical energy written notice of its determination. The notice shall be served in one of the following manners:(a) By placing the notice in a sealed envelope with postage paid addressed to the electric utility or person consuming electrical energy at their address as it appears in the records of the department. Service made pursuant to this subdivision shall be deemed complete at the time of the deposit of the notice in the United States Post Office, or a mailbox, sub-post office, substation, or mail chute, or other facility regularly maintained or provided by the United States Postal Service, without extension of time for any reason.(b) By personally delivering the notice to the person to be served. Service made pursuant to this subdivision shall be deemed complete at the time of such delivery. Personal service to a corporation may be made by delivery of a notice to any person designated in the Code of Civil Procedure to be served for the corporation with summons and complaint in a civil action.(c) (1) By delivering the notice electronically via secure transmission when either of the following applies:(A) The feepayer requests the notice of determination to be sent electronically via secure transmission.(B) The department has evidence that the feepayer no longer receives mail at the address of record and has previously provided an address for electronic mail.(2) Service provided pursuant to paragraph (1) shall be deemed complete at the time the department electronically transmits the notice via the feepayers secure web portal, without extension of time for any reason. |
|---|
| 1308 | 1320 | | |
|---|
| 1309 | 1321 | | 40076. The department shall give to the electric utility or person consuming electrical energy written notice of its determination. The notice shall be served in one of the following manners:(a) By placing the notice in a sealed envelope with postage paid addressed to the electric utility or person consuming electrical energy at their address as it appears in the records of the department. Service made pursuant to this subdivision shall be deemed complete at the time of the deposit of the notice in the United States Post Office, or a mailbox, sub-post office, substation, or mail chute, or other facility regularly maintained or provided by the United States Postal Service, without extension of time for any reason.(b) By personally delivering the notice to the person to be served. Service made pursuant to this subdivision shall be deemed complete at the time of such delivery. Personal service to a corporation may be made by delivery of a notice to any person designated in the Code of Civil Procedure to be served for the corporation with summons and complaint in a civil action.(c) (1) By delivering the notice electronically via secure transmission when either of the following applies:(A) The feepayer requests the notice of determination to be sent electronically via secure transmission.(B) The department has evidence that the feepayer no longer receives mail at the address of record and has previously provided an address for electronic mail.(2) Service provided pursuant to paragraph (1) shall be deemed complete at the time the department electronically transmits the notice via the feepayers secure web portal, without extension of time for any reason. |
|---|
| 1310 | 1322 | | |
|---|
| 1311 | 1323 | | 40076. The department shall give to the electric utility or person consuming electrical energy written notice of its determination. The notice shall be served in one of the following manners:(a) By placing the notice in a sealed envelope with postage paid addressed to the electric utility or person consuming electrical energy at their address as it appears in the records of the department. Service made pursuant to this subdivision shall be deemed complete at the time of the deposit of the notice in the United States Post Office, or a mailbox, sub-post office, substation, or mail chute, or other facility regularly maintained or provided by the United States Postal Service, without extension of time for any reason.(b) By personally delivering the notice to the person to be served. Service made pursuant to this subdivision shall be deemed complete at the time of such delivery. Personal service to a corporation may be made by delivery of a notice to any person designated in the Code of Civil Procedure to be served for the corporation with summons and complaint in a civil action.(c) (1) By delivering the notice electronically via secure transmission when either of the following applies:(A) The feepayer requests the notice of determination to be sent electronically via secure transmission.(B) The department has evidence that the feepayer no longer receives mail at the address of record and has previously provided an address for electronic mail.(2) Service provided pursuant to paragraph (1) shall be deemed complete at the time the department electronically transmits the notice via the feepayers secure web portal, without extension of time for any reason. |
|---|
| 1312 | 1324 | | |
|---|
| 1313 | 1325 | | |
|---|
| 1314 | 1326 | | |
|---|
| 1315 | 1327 | | 40076. The department shall give to the electric utility or person consuming electrical energy written notice of its determination. The notice shall be served in one of the following manners: |
|---|
| 1316 | 1328 | | |
|---|
| 1317 | 1329 | | (a) By placing the notice in a sealed envelope with postage paid addressed to the electric utility or person consuming electrical energy at their address as it appears in the records of the department. Service made pursuant to this subdivision shall be deemed complete at the time of the deposit of the notice in the United States Post Office, or a mailbox, sub-post office, substation, or mail chute, or other facility regularly maintained or provided by the United States Postal Service, without extension of time for any reason. |
|---|
| 1318 | 1330 | | |
|---|
| 1319 | 1331 | | (b) By personally delivering the notice to the person to be served. Service made pursuant to this subdivision shall be deemed complete at the time of such delivery. Personal service to a corporation may be made by delivery of a notice to any person designated in the Code of Civil Procedure to be served for the corporation with summons and complaint in a civil action. |
|---|
| 1320 | 1332 | | |
|---|
| 1321 | 1333 | | (c) (1) By delivering the notice electronically via secure transmission when either of the following applies: |
|---|
| 1322 | 1334 | | |
|---|
| 1323 | 1335 | | (A) The feepayer requests the notice of determination to be sent electronically via secure transmission. |
|---|
| 1324 | 1336 | | |
|---|
| 1325 | 1337 | | (B) The department has evidence that the feepayer no longer receives mail at the address of record and has previously provided an address for electronic mail. |
|---|
| 1326 | 1338 | | |
|---|
| 1327 | 1339 | | (2) Service provided pursuant to paragraph (1) shall be deemed complete at the time the department electronically transmits the notice via the feepayers secure web portal, without extension of time for any reason. |
|---|
| 1328 | 1340 | | |
|---|
| 1329 | 1341 | | SEC. 66. Section 40077 of the Revenue and Taxation Code is amended to read:40077. Except in the case of fraud, intent to evade this part or authorized rules and regulations, or failure to make a return every notice of a deficiency determination shall be served within three years after the last day of the calendar month following the quarterly period for which the amount is proposed to be determined or within three years after the return is filed, whichever period expires the later. In the case of failure to make a return, every notice of determination shall be served within eight years after the last day of the calendar month following the quarterly period for which the amount is proposed to be determined. |
|---|
| 1330 | 1342 | | |
|---|
| 1331 | 1343 | | SEC. 66. Section 40077 of the Revenue and Taxation Code is amended to read: |
|---|
| 1332 | 1344 | | |
|---|
| 1333 | 1345 | | ### SEC. 66. |
|---|
| 1334 | 1346 | | |
|---|
| 1335 | 1347 | | 40077. Except in the case of fraud, intent to evade this part or authorized rules and regulations, or failure to make a return every notice of a deficiency determination shall be served within three years after the last day of the calendar month following the quarterly period for which the amount is proposed to be determined or within three years after the return is filed, whichever period expires the later. In the case of failure to make a return, every notice of determination shall be served within eight years after the last day of the calendar month following the quarterly period for which the amount is proposed to be determined. |
|---|
| 1336 | 1348 | | |
|---|
| 1337 | 1349 | | 40077. Except in the case of fraud, intent to evade this part or authorized rules and regulations, or failure to make a return every notice of a deficiency determination shall be served within three years after the last day of the calendar month following the quarterly period for which the amount is proposed to be determined or within three years after the return is filed, whichever period expires the later. In the case of failure to make a return, every notice of determination shall be served within eight years after the last day of the calendar month following the quarterly period for which the amount is proposed to be determined. |
|---|
| 1338 | 1350 | | |
|---|
| 1339 | 1351 | | 40077. Except in the case of fraud, intent to evade this part or authorized rules and regulations, or failure to make a return every notice of a deficiency determination shall be served within three years after the last day of the calendar month following the quarterly period for which the amount is proposed to be determined or within three years after the return is filed, whichever period expires the later. In the case of failure to make a return, every notice of determination shall be served within eight years after the last day of the calendar month following the quarterly period for which the amount is proposed to be determined. |
|---|
| 1340 | 1352 | | |
|---|
| 1341 | 1353 | | |
|---|
| 1342 | 1354 | | |
|---|
| 1343 | 1355 | | 40077. Except in the case of fraud, intent to evade this part or authorized rules and regulations, or failure to make a return every notice of a deficiency determination shall be served within three years after the last day of the calendar month following the quarterly period for which the amount is proposed to be determined or within three years after the return is filed, whichever period expires the later. In the case of failure to make a return, every notice of determination shall be served within eight years after the last day of the calendar month following the quarterly period for which the amount is proposed to be determined. |
|---|
| 1344 | 1356 | | |
|---|
| 1345 | 1357 | | SEC. 67. Section 40078 of the Revenue and Taxation Code is amended to read:40078. In the case of a deficiency arising under this part during the lifetime of a decedent, a notice of deficiency determination shall be served within four months after written request therefor, in the form required by the department, by the fiduciary of the estate or trust or by any other person liable for the surcharge or any portion thereof. |
|---|
| 1346 | 1358 | | |
|---|
| 1347 | 1359 | | SEC. 67. Section 40078 of the Revenue and Taxation Code is amended to read: |
|---|
| 1348 | 1360 | | |
|---|
| 1349 | 1361 | | ### SEC. 67. |
|---|
| 1350 | 1362 | | |
|---|
| 1351 | 1363 | | 40078. In the case of a deficiency arising under this part during the lifetime of a decedent, a notice of deficiency determination shall be served within four months after written request therefor, in the form required by the department, by the fiduciary of the estate or trust or by any other person liable for the surcharge or any portion thereof. |
|---|
| 1352 | 1364 | | |
|---|
| 1353 | 1365 | | 40078. In the case of a deficiency arising under this part during the lifetime of a decedent, a notice of deficiency determination shall be served within four months after written request therefor, in the form required by the department, by the fiduciary of the estate or trust or by any other person liable for the surcharge or any portion thereof. |
|---|
| 1354 | 1366 | | |
|---|
| 1355 | 1367 | | 40078. In the case of a deficiency arising under this part during the lifetime of a decedent, a notice of deficiency determination shall be served within four months after written request therefor, in the form required by the department, by the fiduciary of the estate or trust or by any other person liable for the surcharge or any portion thereof. |
|---|
| 1356 | 1368 | | |
|---|
| 1357 | 1369 | | |
|---|
| 1358 | 1370 | | |
|---|
| 1359 | 1371 | | 40078. In the case of a deficiency arising under this part during the lifetime of a decedent, a notice of deficiency determination shall be served within four months after written request therefor, in the form required by the department, by the fiduciary of the estate or trust or by any other person liable for the surcharge or any portion thereof. |
|---|
| 1360 | 1372 | | |
|---|
| 1361 | 1373 | | SEC. 68. Section 40079 of the Revenue and Taxation Code is amended to read:40079. If, before the expiration of the time prescribed in Section 40077 for serving a notice of deficiency determination, the taxpayer has consented in writing to the service of the notice after such time, the notice may be served at any time prior to the expiration of the period agreed upon. The period so agreed upon may be extended by subsequent agreements in writing made before the expiration of the period previously agreed upon. |
|---|
| 1362 | 1374 | | |
|---|
| 1363 | 1375 | | SEC. 68. Section 40079 of the Revenue and Taxation Code is amended to read: |
|---|
| 1364 | 1376 | | |
|---|
| 1365 | 1377 | | ### SEC. 68. |
|---|
| 1366 | 1378 | | |
|---|
| 1367 | 1379 | | 40079. If, before the expiration of the time prescribed in Section 40077 for serving a notice of deficiency determination, the taxpayer has consented in writing to the service of the notice after such time, the notice may be served at any time prior to the expiration of the period agreed upon. The period so agreed upon may be extended by subsequent agreements in writing made before the expiration of the period previously agreed upon. |
|---|
| 1368 | 1380 | | |
|---|
| 1369 | 1381 | | 40079. If, before the expiration of the time prescribed in Section 40077 for serving a notice of deficiency determination, the taxpayer has consented in writing to the service of the notice after such time, the notice may be served at any time prior to the expiration of the period agreed upon. The period so agreed upon may be extended by subsequent agreements in writing made before the expiration of the period previously agreed upon. |
|---|
| 1370 | 1382 | | |
|---|
| 1371 | 1383 | | 40079. If, before the expiration of the time prescribed in Section 40077 for serving a notice of deficiency determination, the taxpayer has consented in writing to the service of the notice after such time, the notice may be served at any time prior to the expiration of the period agreed upon. The period so agreed upon may be extended by subsequent agreements in writing made before the expiration of the period previously agreed upon. |
|---|
| 1372 | 1384 | | |
|---|
| 1373 | 1385 | | |
|---|
| 1374 | 1386 | | |
|---|
| 1375 | 1387 | | 40079. If, before the expiration of the time prescribed in Section 40077 for serving a notice of deficiency determination, the taxpayer has consented in writing to the service of the notice after such time, the notice may be served at any time prior to the expiration of the period agreed upon. The period so agreed upon may be extended by subsequent agreements in writing made before the expiration of the period previously agreed upon. |
|---|
| 1376 | 1388 | | |
|---|
| 1377 | 1389 | | SEC. 69. Section 40085 of the Revenue and Taxation Code is amended to read:40085. Promptly after making its determination the department shall give to the person written notice of the estimate, determination, and penalty, the notice to be served in the manner prescribed for service of notice of a deficiency determination. |
|---|
| 1378 | 1390 | | |
|---|
| 1379 | 1391 | | SEC. 69. Section 40085 of the Revenue and Taxation Code is amended to read: |
|---|
| 1380 | 1392 | | |
|---|
| 1381 | 1393 | | ### SEC. 69. |
|---|
| 1382 | 1394 | | |
|---|
| 1383 | 1395 | | 40085. Promptly after making its determination the department shall give to the person written notice of the estimate, determination, and penalty, the notice to be served in the manner prescribed for service of notice of a deficiency determination. |
|---|
| 1384 | 1396 | | |
|---|
| 1385 | 1397 | | 40085. Promptly after making its determination the department shall give to the person written notice of the estimate, determination, and penalty, the notice to be served in the manner prescribed for service of notice of a deficiency determination. |
|---|
| 1386 | 1398 | | |
|---|
| 1387 | 1399 | | 40085. Promptly after making its determination the department shall give to the person written notice of the estimate, determination, and penalty, the notice to be served in the manner prescribed for service of notice of a deficiency determination. |
|---|
| 1388 | 1400 | | |
|---|
| 1389 | 1401 | | |
|---|
| 1390 | 1402 | | |
|---|
| 1391 | 1403 | | 40085. Promptly after making its determination the department shall give to the person written notice of the estimate, determination, and penalty, the notice to be served in the manner prescribed for service of notice of a deficiency determination. |
|---|
| 1392 | 1404 | | |
|---|
| 1393 | 1405 | | SEC. 70. Section 40097 of the Revenue and Taxation Code is amended to read:40097. Any notice required by this article shall be served in the manner prescribed for service of notice of a deficiency determination. |
|---|
| 1394 | 1406 | | |
|---|
| 1395 | 1407 | | SEC. 70. Section 40097 of the Revenue and Taxation Code is amended to read: |
|---|
| 1396 | 1408 | | |
|---|
| 1397 | 1409 | | ### SEC. 70. |
|---|
| 1398 | 1410 | | |
|---|
| 1399 | 1411 | | 40097. Any notice required by this article shall be served in the manner prescribed for service of notice of a deficiency determination. |
|---|
| 1400 | 1412 | | |
|---|
| 1401 | 1413 | | 40097. Any notice required by this article shall be served in the manner prescribed for service of notice of a deficiency determination. |
|---|
| 1402 | 1414 | | |
|---|
| 1403 | 1415 | | 40097. Any notice required by this article shall be served in the manner prescribed for service of notice of a deficiency determination. |
|---|
| 1404 | 1416 | | |
|---|
| 1405 | 1417 | | |
|---|
| 1406 | 1418 | | |
|---|
| 1407 | 1419 | | 40097. Any notice required by this article shall be served in the manner prescribed for service of notice of a deficiency determination. |
|---|
| 1408 | 1420 | | |
|---|
| 1409 | 1421 | | SEC. 71. Section 41075 of the Revenue and Taxation Code is amended to read:41075. The department shall give to the service supplier, seller, or service user written notice of its determination. The notice shall be served in one of the following manners:(a) By placing the notice in a sealed envelope with postage paid addressed to the service supplier, seller, or service user at the service suppliers, sellers, or service users address as it appears in the records of the department. Service made pursuant to this subdivision shall be deemed complete at the time of the deposit of the notice in the United States Post Office or facility regularly maintained or provided by the United States Postal Service, without extension of time for any reason.(b) By personally delivering the notice to the person to be served. Service made pursuant to this subdivision shall be deemed complete at the time of such delivery. Personal service to a corporation may be made by delivery of a notice to any person designated in the Code of Civil Procedure to be served for the corporation with summons and complaint in a civil action.(c) (1) By delivering the notice electronically via secure transmission when either of the following applies:(A) The feepayer requests the notice of determination to be sent electronically via secure transmission.(B) The department has evidence that the feepayer no longer receives mail at the address of record and has previously provided an address for electronic mail.(2) Service provided pursuant to paragraph (1) shall be deemed complete at the time the department electronically transmits the notice via the feepayers secure web portal, without extension of time for any reason. |
|---|
| 1410 | 1422 | | |
|---|
| 1411 | 1423 | | SEC. 71. Section 41075 of the Revenue and Taxation Code is amended to read: |
|---|
| 1412 | 1424 | | |
|---|
| 1413 | 1425 | | ### SEC. 71. |
|---|
| 1414 | 1426 | | |
|---|
| 1415 | 1427 | | 41075. The department shall give to the service supplier, seller, or service user written notice of its determination. The notice shall be served in one of the following manners:(a) By placing the notice in a sealed envelope with postage paid addressed to the service supplier, seller, or service user at the service suppliers, sellers, or service users address as it appears in the records of the department. Service made pursuant to this subdivision shall be deemed complete at the time of the deposit of the notice in the United States Post Office or facility regularly maintained or provided by the United States Postal Service, without extension of time for any reason.(b) By personally delivering the notice to the person to be served. Service made pursuant to this subdivision shall be deemed complete at the time of such delivery. Personal service to a corporation may be made by delivery of a notice to any person designated in the Code of Civil Procedure to be served for the corporation with summons and complaint in a civil action.(c) (1) By delivering the notice electronically via secure transmission when either of the following applies:(A) The feepayer requests the notice of determination to be sent electronically via secure transmission.(B) The department has evidence that the feepayer no longer receives mail at the address of record and has previously provided an address for electronic mail.(2) Service provided pursuant to paragraph (1) shall be deemed complete at the time the department electronically transmits the notice via the feepayers secure web portal, without extension of time for any reason. |
|---|
| 1416 | 1428 | | |
|---|
| 1417 | 1429 | | 41075. The department shall give to the service supplier, seller, or service user written notice of its determination. The notice shall be served in one of the following manners:(a) By placing the notice in a sealed envelope with postage paid addressed to the service supplier, seller, or service user at the service suppliers, sellers, or service users address as it appears in the records of the department. Service made pursuant to this subdivision shall be deemed complete at the time of the deposit of the notice in the United States Post Office or facility regularly maintained or provided by the United States Postal Service, without extension of time for any reason.(b) By personally delivering the notice to the person to be served. Service made pursuant to this subdivision shall be deemed complete at the time of such delivery. Personal service to a corporation may be made by delivery of a notice to any person designated in the Code of Civil Procedure to be served for the corporation with summons and complaint in a civil action.(c) (1) By delivering the notice electronically via secure transmission when either of the following applies:(A) The feepayer requests the notice of determination to be sent electronically via secure transmission.(B) The department has evidence that the feepayer no longer receives mail at the address of record and has previously provided an address for electronic mail.(2) Service provided pursuant to paragraph (1) shall be deemed complete at the time the department electronically transmits the notice via the feepayers secure web portal, without extension of time for any reason. |
|---|
| 1418 | 1430 | | |
|---|
| 1419 | 1431 | | 41075. The department shall give to the service supplier, seller, or service user written notice of its determination. The notice shall be served in one of the following manners:(a) By placing the notice in a sealed envelope with postage paid addressed to the service supplier, seller, or service user at the service suppliers, sellers, or service users address as it appears in the records of the department. Service made pursuant to this subdivision shall be deemed complete at the time of the deposit of the notice in the United States Post Office or facility regularly maintained or provided by the United States Postal Service, without extension of time for any reason.(b) By personally delivering the notice to the person to be served. Service made pursuant to this subdivision shall be deemed complete at the time of such delivery. Personal service to a corporation may be made by delivery of a notice to any person designated in the Code of Civil Procedure to be served for the corporation with summons and complaint in a civil action.(c) (1) By delivering the notice electronically via secure transmission when either of the following applies:(A) The feepayer requests the notice of determination to be sent electronically via secure transmission.(B) The department has evidence that the feepayer no longer receives mail at the address of record and has previously provided an address for electronic mail.(2) Service provided pursuant to paragraph (1) shall be deemed complete at the time the department electronically transmits the notice via the feepayers secure web portal, without extension of time for any reason. |
|---|
| 1420 | 1432 | | |
|---|
| 1421 | 1433 | | |
|---|
| 1422 | 1434 | | |
|---|
| 1423 | 1435 | | 41075. The department shall give to the service supplier, seller, or service user written notice of its determination. The notice shall be served in one of the following manners: |
|---|
| 1424 | 1436 | | |
|---|
| 1425 | 1437 | | (a) By placing the notice in a sealed envelope with postage paid addressed to the service supplier, seller, or service user at the service suppliers, sellers, or service users address as it appears in the records of the department. Service made pursuant to this subdivision shall be deemed complete at the time of the deposit of the notice in the United States Post Office or facility regularly maintained or provided by the United States Postal Service, without extension of time for any reason. |
|---|
| 1426 | 1438 | | |
|---|
| 1427 | 1439 | | (b) By personally delivering the notice to the person to be served. Service made pursuant to this subdivision shall be deemed complete at the time of such delivery. Personal service to a corporation may be made by delivery of a notice to any person designated in the Code of Civil Procedure to be served for the corporation with summons and complaint in a civil action. |
|---|
| 1428 | 1440 | | |
|---|
| 1429 | 1441 | | (c) (1) By delivering the notice electronically via secure transmission when either of the following applies: |
|---|
| 1430 | 1442 | | |
|---|
| 1431 | 1443 | | (A) The feepayer requests the notice of determination to be sent electronically via secure transmission. |
|---|
| 1432 | 1444 | | |
|---|
| 1433 | 1445 | | (B) The department has evidence that the feepayer no longer receives mail at the address of record and has previously provided an address for electronic mail. |
|---|
| 1434 | 1446 | | |
|---|
| 1435 | 1447 | | (2) Service provided pursuant to paragraph (1) shall be deemed complete at the time the department electronically transmits the notice via the feepayers secure web portal, without extension of time for any reason. |
|---|
| 1436 | 1448 | | |
|---|
| 1437 | 1449 | | SEC. 72. Section 41076 of the Revenue and Taxation Code is amended to read:41076. Except in the case of fraud, intent to evade this part or authorized rules and regulations, or failure to make a return, every notice of a deficiency determination shall be served within three years after the last day of the second calendar month following the reporting period for which the amount is proposed to be determined or within three years after the return is filed, whichever period expires the later. In the case of failure to make a return, every notice of determination shall be served within eight years after the last day of the second calendar month following the reporting period for which the amount is proposed to be determined. |
|---|
| 1438 | 1450 | | |
|---|
| 1439 | 1451 | | SEC. 72. Section 41076 of the Revenue and Taxation Code is amended to read: |
|---|
| 1440 | 1452 | | |
|---|
| 1441 | 1453 | | ### SEC. 72. |
|---|
| 1442 | 1454 | | |
|---|
| 1443 | 1455 | | 41076. Except in the case of fraud, intent to evade this part or authorized rules and regulations, or failure to make a return, every notice of a deficiency determination shall be served within three years after the last day of the second calendar month following the reporting period for which the amount is proposed to be determined or within three years after the return is filed, whichever period expires the later. In the case of failure to make a return, every notice of determination shall be served within eight years after the last day of the second calendar month following the reporting period for which the amount is proposed to be determined. |
|---|
| 1444 | 1456 | | |
|---|
| 1445 | 1457 | | 41076. Except in the case of fraud, intent to evade this part or authorized rules and regulations, or failure to make a return, every notice of a deficiency determination shall be served within three years after the last day of the second calendar month following the reporting period for which the amount is proposed to be determined or within three years after the return is filed, whichever period expires the later. In the case of failure to make a return, every notice of determination shall be served within eight years after the last day of the second calendar month following the reporting period for which the amount is proposed to be determined. |
|---|
| 1446 | 1458 | | |
|---|
| 1447 | 1459 | | 41076. Except in the case of fraud, intent to evade this part or authorized rules and regulations, or failure to make a return, every notice of a deficiency determination shall be served within three years after the last day of the second calendar month following the reporting period for which the amount is proposed to be determined or within three years after the return is filed, whichever period expires the later. In the case of failure to make a return, every notice of determination shall be served within eight years after the last day of the second calendar month following the reporting period for which the amount is proposed to be determined. |
|---|
| 1448 | 1460 | | |
|---|
| 1449 | 1461 | | |
|---|
| 1450 | 1462 | | |
|---|
| 1451 | 1463 | | 41076. Except in the case of fraud, intent to evade this part or authorized rules and regulations, or failure to make a return, every notice of a deficiency determination shall be served within three years after the last day of the second calendar month following the reporting period for which the amount is proposed to be determined or within three years after the return is filed, whichever period expires the later. In the case of failure to make a return, every notice of determination shall be served within eight years after the last day of the second calendar month following the reporting period for which the amount is proposed to be determined. |
|---|
| 1452 | 1464 | | |
|---|
| 1453 | 1465 | | SEC. 73. Section 41077 of the Revenue and Taxation Code is amended to read:41077. In the case of a deficiency arising under this part during the lifetime of a decedent, a notice of deficiency determination shall be served within four months after written request therefor, in the form required by the department, by the fiduciary of the estate or trust or by any other person liable for the surcharge or any portion thereof. |
|---|
| 1454 | 1466 | | |
|---|
| 1455 | 1467 | | SEC. 73. Section 41077 of the Revenue and Taxation Code is amended to read: |
|---|
| 1456 | 1468 | | |
|---|
| 1457 | 1469 | | ### SEC. 73. |
|---|
| 1458 | 1470 | | |
|---|
| 1459 | 1471 | | 41077. In the case of a deficiency arising under this part during the lifetime of a decedent, a notice of deficiency determination shall be served within four months after written request therefor, in the form required by the department, by the fiduciary of the estate or trust or by any other person liable for the surcharge or any portion thereof. |
|---|
| 1460 | 1472 | | |
|---|
| 1461 | 1473 | | 41077. In the case of a deficiency arising under this part during the lifetime of a decedent, a notice of deficiency determination shall be served within four months after written request therefor, in the form required by the department, by the fiduciary of the estate or trust or by any other person liable for the surcharge or any portion thereof. |
|---|
| 1462 | 1474 | | |
|---|
| 1463 | 1475 | | 41077. In the case of a deficiency arising under this part during the lifetime of a decedent, a notice of deficiency determination shall be served within four months after written request therefor, in the form required by the department, by the fiduciary of the estate or trust or by any other person liable for the surcharge or any portion thereof. |
|---|
| 1464 | 1476 | | |
|---|
| 1465 | 1477 | | |
|---|
| 1466 | 1478 | | |
|---|
| 1467 | 1479 | | 41077. In the case of a deficiency arising under this part during the lifetime of a decedent, a notice of deficiency determination shall be served within four months after written request therefor, in the form required by the department, by the fiduciary of the estate or trust or by any other person liable for the surcharge or any portion thereof. |
|---|
| 1468 | 1480 | | |
|---|
| 1469 | 1481 | | SEC. 74. Section 41078 of the Revenue and Taxation Code is amended to read:41078. If before the expiration of the time prescribed in Section 41076 for serving a notice of deficiency determination, the taxpayer has consented in writing to service of the notice after that time, the notice may be served at any time prior to the expiration of the period agreed upon. The period so agreed upon may be extended by subsequent agreements in writing made before the expiration of the period previously agreed upon. |
|---|
| 1470 | 1482 | | |
|---|
| 1471 | 1483 | | SEC. 74. Section 41078 of the Revenue and Taxation Code is amended to read: |
|---|
| 1472 | 1484 | | |
|---|
| 1473 | 1485 | | ### SEC. 74. |
|---|
| 1474 | 1486 | | |
|---|
| 1475 | 1487 | | 41078. If before the expiration of the time prescribed in Section 41076 for serving a notice of deficiency determination, the taxpayer has consented in writing to service of the notice after that time, the notice may be served at any time prior to the expiration of the period agreed upon. The period so agreed upon may be extended by subsequent agreements in writing made before the expiration of the period previously agreed upon. |
|---|
| 1476 | 1488 | | |
|---|
| 1477 | 1489 | | 41078. If before the expiration of the time prescribed in Section 41076 for serving a notice of deficiency determination, the taxpayer has consented in writing to service of the notice after that time, the notice may be served at any time prior to the expiration of the period agreed upon. The period so agreed upon may be extended by subsequent agreements in writing made before the expiration of the period previously agreed upon. |
|---|
| 1478 | 1490 | | |
|---|
| 1479 | 1491 | | 41078. If before the expiration of the time prescribed in Section 41076 for serving a notice of deficiency determination, the taxpayer has consented in writing to service of the notice after that time, the notice may be served at any time prior to the expiration of the period agreed upon. The period so agreed upon may be extended by subsequent agreements in writing made before the expiration of the period previously agreed upon. |
|---|
| 1480 | 1492 | | |
|---|
| 1481 | 1493 | | |
|---|
| 1482 | 1494 | | |
|---|
| 1483 | 1495 | | 41078. If before the expiration of the time prescribed in Section 41076 for serving a notice of deficiency determination, the taxpayer has consented in writing to service of the notice after that time, the notice may be served at any time prior to the expiration of the period agreed upon. The period so agreed upon may be extended by subsequent agreements in writing made before the expiration of the period previously agreed upon. |
|---|
| 1484 | 1496 | | |
|---|
| 1485 | 1497 | | SEC. 75. Section 41084 of the Revenue and Taxation Code is amended to read:41084. Promptly after making its determination the department shall give to the person written notice of the estimate, determination, and penalty, the notice to be served in the manner prescribed for service of notice of a deficiency determination. |
|---|
| 1486 | 1498 | | |
|---|
| 1487 | 1499 | | SEC. 75. Section 41084 of the Revenue and Taxation Code is amended to read: |
|---|
| 1488 | 1500 | | |
|---|
| 1489 | 1501 | | ### SEC. 75. |
|---|
| 1490 | 1502 | | |
|---|
| 1491 | 1503 | | 41084. Promptly after making its determination the department shall give to the person written notice of the estimate, determination, and penalty, the notice to be served in the manner prescribed for service of notice of a deficiency determination. |
|---|
| 1492 | 1504 | | |
|---|
| 1493 | 1505 | | 41084. Promptly after making its determination the department shall give to the person written notice of the estimate, determination, and penalty, the notice to be served in the manner prescribed for service of notice of a deficiency determination. |
|---|
| 1494 | 1506 | | |
|---|
| 1495 | 1507 | | 41084. Promptly after making its determination the department shall give to the person written notice of the estimate, determination, and penalty, the notice to be served in the manner prescribed for service of notice of a deficiency determination. |
|---|
| 1496 | 1508 | | |
|---|
| 1497 | 1509 | | |
|---|
| 1498 | 1510 | | |
|---|
| 1499 | 1511 | | 41084. Promptly after making its determination the department shall give to the person written notice of the estimate, determination, and penalty, the notice to be served in the manner prescribed for service of notice of a deficiency determination. |
|---|
| 1500 | 1512 | | |
|---|
| 1501 | 1513 | | SEC. 76. Section 41091 of the Revenue and Taxation Code is amended to read:41091. Any notice required by this article shall be served in the manner prescribed for service of notice of a deficiency determination. |
|---|
| 1502 | 1514 | | |
|---|
| 1503 | 1515 | | SEC. 76. Section 41091 of the Revenue and Taxation Code is amended to read: |
|---|
| 1504 | 1516 | | |
|---|
| 1505 | 1517 | | ### SEC. 76. |
|---|
| 1506 | 1518 | | |
|---|
| 1507 | 1519 | | 41091. Any notice required by this article shall be served in the manner prescribed for service of notice of a deficiency determination. |
|---|
| 1508 | 1520 | | |
|---|
| 1509 | 1521 | | 41091. Any notice required by this article shall be served in the manner prescribed for service of notice of a deficiency determination. |
|---|
| 1510 | 1522 | | |
|---|
| 1511 | 1523 | | 41091. Any notice required by this article shall be served in the manner prescribed for service of notice of a deficiency determination. |
|---|
| 1512 | 1524 | | |
|---|
| 1513 | 1525 | | |
|---|
| 1514 | 1526 | | |
|---|
| 1515 | 1527 | | 41091. Any notice required by this article shall be served in the manner prescribed for service of notice of a deficiency determination. |
|---|
| 1516 | 1528 | | |
|---|
| 1517 | 1529 | | SEC. 77. Section 43007 of the Revenue and Taxation Code is amended to read:43007. Board means the California Department of Tax and Fee Administration. |
|---|
| 1518 | 1530 | | |
|---|
| 1519 | 1531 | | SEC. 77. Section 43007 of the Revenue and Taxation Code is amended to read: |
|---|
| 1520 | 1532 | | |
|---|
| 1521 | 1533 | | ### SEC. 77. |
|---|
| 1522 | 1534 | | |
|---|
| 1523 | 1535 | | 43007. Board means the California Department of Tax and Fee Administration. |
|---|
| 1524 | 1536 | | |
|---|
| 1525 | 1537 | | 43007. Board means the California Department of Tax and Fee Administration. |
|---|
| 1526 | 1538 | | |
|---|
| 1527 | 1539 | | 43007. Board means the California Department of Tax and Fee Administration. |
|---|
| 1528 | 1540 | | |
|---|
| 1529 | 1541 | | |
|---|
| 1530 | 1542 | | |
|---|
| 1531 | 1543 | | 43007. Board means the California Department of Tax and Fee Administration. |
|---|
| 1532 | 1544 | | |
|---|
| 1533 | 1545 | | SEC. 78. Section 43155.01 of the Revenue and Taxation Code is amended to read:43155.01. (a) A person who fails to pay any generation and handling fee or installment, except amounts of determinations made by the California Department of Tax and Fee Administration under Article 2 (commencing with Section 43201), within the time required shall pay a penalty, plus interest at the modified adjusted rate per month, or fraction of a month, established pursuant to Section 6591.5, from the date on which the fee or the amount of fee required to be collected became due and payable to the state until the date of payment, as follows:(1) For a delinquency period of 30 days or fewer from the date the installment or fee became due and payable, the penalty shall be 10 percent of the amount of the delinquent fee or installment not timely remitted.(2) For a delinquency period of at least 31 days, but not more than 60 days, from the date the installment or fee became due and payable, the penalty shall be 25 percent of the amount of the delinquent fee or installment not timely remitted.(3) For a delinquency period of at least 61 days, but not more than 90 days, from the date the installment or fee became due and payable, the penalty shall be 50 percent of the amount of the delinquent fee or installment not timely remitted.(4) For a delinquency period of 91 days or more from the date the installment or fee became due and payable, the penalty shall be 100 percent of the amount of the delinquent fee or installment not timely remitted.(b) For any person who fails to file a generation and handling fee return with the California Department of Tax and Fee Administration in accordance with this part within the time prescribed for the filing of a generation and handling fee return, a penalty shall be added on account of the delinquency, as follows:(1) For a delinquency period of 30 days or fewer from the date the return became due, the penalty shall be 10 percent of the amount of the fee, exclusive of previously remitted installments.(2) For a delinquency period of at least 31 days, but not more than 60 days, from the date the return became due, the penalty shall be 25 percent of the amount of the fee, exclusive of previously remitted installments.(3) For a delinquency period of at least 61 days, but not more than 90 days, from the date the return became due, the penalty shall be 50 percent of the amount of the fee, exclusive of previously remitted installments.(4) For a delinquency period of 91 days or more from the date the return became due, the penalty shall be 100 percent of the amount of the fee, exclusive of previously remitted installments.(c) The sum of the penalties imposed pursuant to subdivisions (a) and (b) shall not exceed 100 percent of the total fee required pursuant to Section 25205.5 of the Health and Safety Code.(d) Notwithstanding any other limitation to the penalty amount imposed for any one installment, fee, or return specified in this part, the penalties imposed pursuant to this section shall be in addition to any other penalties imposed under this part.(e) This section applies to any fee imposed pursuant to Section 25205.5 of the Health and Safety Code for any return or payment that becomes due on or after November 30, 2024. |
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| 1534 | 1546 | | |
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| 1535 | 1547 | | SEC. 78. Section 43155.01 of the Revenue and Taxation Code is amended to read: |
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| 1536 | 1548 | | |
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| 1537 | 1549 | | ### SEC. 78. |
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| 1538 | 1550 | | |
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| 1539 | 1551 | | 43155.01. (a) A person who fails to pay any generation and handling fee or installment, except amounts of determinations made by the California Department of Tax and Fee Administration under Article 2 (commencing with Section 43201), within the time required shall pay a penalty, plus interest at the modified adjusted rate per month, or fraction of a month, established pursuant to Section 6591.5, from the date on which the fee or the amount of fee required to be collected became due and payable to the state until the date of payment, as follows:(1) For a delinquency period of 30 days or fewer from the date the installment or fee became due and payable, the penalty shall be 10 percent of the amount of the delinquent fee or installment not timely remitted.(2) For a delinquency period of at least 31 days, but not more than 60 days, from the date the installment or fee became due and payable, the penalty shall be 25 percent of the amount of the delinquent fee or installment not timely remitted.(3) For a delinquency period of at least 61 days, but not more than 90 days, from the date the installment or fee became due and payable, the penalty shall be 50 percent of the amount of the delinquent fee or installment not timely remitted.(4) For a delinquency period of 91 days or more from the date the installment or fee became due and payable, the penalty shall be 100 percent of the amount of the delinquent fee or installment not timely remitted.(b) For any person who fails to file a generation and handling fee return with the California Department of Tax and Fee Administration in accordance with this part within the time prescribed for the filing of a generation and handling fee return, a penalty shall be added on account of the delinquency, as follows:(1) For a delinquency period of 30 days or fewer from the date the return became due, the penalty shall be 10 percent of the amount of the fee, exclusive of previously remitted installments.(2) For a delinquency period of at least 31 days, but not more than 60 days, from the date the return became due, the penalty shall be 25 percent of the amount of the fee, exclusive of previously remitted installments.(3) For a delinquency period of at least 61 days, but not more than 90 days, from the date the return became due, the penalty shall be 50 percent of the amount of the fee, exclusive of previously remitted installments.(4) For a delinquency period of 91 days or more from the date the return became due, the penalty shall be 100 percent of the amount of the fee, exclusive of previously remitted installments.(c) The sum of the penalties imposed pursuant to subdivisions (a) and (b) shall not exceed 100 percent of the total fee required pursuant to Section 25205.5 of the Health and Safety Code.(d) Notwithstanding any other limitation to the penalty amount imposed for any one installment, fee, or return specified in this part, the penalties imposed pursuant to this section shall be in addition to any other penalties imposed under this part.(e) This section applies to any fee imposed pursuant to Section 25205.5 of the Health and Safety Code for any return or payment that becomes due on or after November 30, 2024. |
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| 1540 | 1552 | | |
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| 1541 | 1553 | | 43155.01. (a) A person who fails to pay any generation and handling fee or installment, except amounts of determinations made by the California Department of Tax and Fee Administration under Article 2 (commencing with Section 43201), within the time required shall pay a penalty, plus interest at the modified adjusted rate per month, or fraction of a month, established pursuant to Section 6591.5, from the date on which the fee or the amount of fee required to be collected became due and payable to the state until the date of payment, as follows:(1) For a delinquency period of 30 days or fewer from the date the installment or fee became due and payable, the penalty shall be 10 percent of the amount of the delinquent fee or installment not timely remitted.(2) For a delinquency period of at least 31 days, but not more than 60 days, from the date the installment or fee became due and payable, the penalty shall be 25 percent of the amount of the delinquent fee or installment not timely remitted.(3) For a delinquency period of at least 61 days, but not more than 90 days, from the date the installment or fee became due and payable, the penalty shall be 50 percent of the amount of the delinquent fee or installment not timely remitted.(4) For a delinquency period of 91 days or more from the date the installment or fee became due and payable, the penalty shall be 100 percent of the amount of the delinquent fee or installment not timely remitted.(b) For any person who fails to file a generation and handling fee return with the California Department of Tax and Fee Administration in accordance with this part within the time prescribed for the filing of a generation and handling fee return, a penalty shall be added on account of the delinquency, as follows:(1) For a delinquency period of 30 days or fewer from the date the return became due, the penalty shall be 10 percent of the amount of the fee, exclusive of previously remitted installments.(2) For a delinquency period of at least 31 days, but not more than 60 days, from the date the return became due, the penalty shall be 25 percent of the amount of the fee, exclusive of previously remitted installments.(3) For a delinquency period of at least 61 days, but not more than 90 days, from the date the return became due, the penalty shall be 50 percent of the amount of the fee, exclusive of previously remitted installments.(4) For a delinquency period of 91 days or more from the date the return became due, the penalty shall be 100 percent of the amount of the fee, exclusive of previously remitted installments.(c) The sum of the penalties imposed pursuant to subdivisions (a) and (b) shall not exceed 100 percent of the total fee required pursuant to Section 25205.5 of the Health and Safety Code.(d) Notwithstanding any other limitation to the penalty amount imposed for any one installment, fee, or return specified in this part, the penalties imposed pursuant to this section shall be in addition to any other penalties imposed under this part.(e) This section applies to any fee imposed pursuant to Section 25205.5 of the Health and Safety Code for any return or payment that becomes due on or after November 30, 2024. |
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| 1542 | 1554 | | |
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| 1543 | 1555 | | 43155.01. (a) A person who fails to pay any generation and handling fee or installment, except amounts of determinations made by the California Department of Tax and Fee Administration under Article 2 (commencing with Section 43201), within the time required shall pay a penalty, plus interest at the modified adjusted rate per month, or fraction of a month, established pursuant to Section 6591.5, from the date on which the fee or the amount of fee required to be collected became due and payable to the state until the date of payment, as follows:(1) For a delinquency period of 30 days or fewer from the date the installment or fee became due and payable, the penalty shall be 10 percent of the amount of the delinquent fee or installment not timely remitted.(2) For a delinquency period of at least 31 days, but not more than 60 days, from the date the installment or fee became due and payable, the penalty shall be 25 percent of the amount of the delinquent fee or installment not timely remitted.(3) For a delinquency period of at least 61 days, but not more than 90 days, from the date the installment or fee became due and payable, the penalty shall be 50 percent of the amount of the delinquent fee or installment not timely remitted.(4) For a delinquency period of 91 days or more from the date the installment or fee became due and payable, the penalty shall be 100 percent of the amount of the delinquent fee or installment not timely remitted.(b) For any person who fails to file a generation and handling fee return with the California Department of Tax and Fee Administration in accordance with this part within the time prescribed for the filing of a generation and handling fee return, a penalty shall be added on account of the delinquency, as follows:(1) For a delinquency period of 30 days or fewer from the date the return became due, the penalty shall be 10 percent of the amount of the fee, exclusive of previously remitted installments.(2) For a delinquency period of at least 31 days, but not more than 60 days, from the date the return became due, the penalty shall be 25 percent of the amount of the fee, exclusive of previously remitted installments.(3) For a delinquency period of at least 61 days, but not more than 90 days, from the date the return became due, the penalty shall be 50 percent of the amount of the fee, exclusive of previously remitted installments.(4) For a delinquency period of 91 days or more from the date the return became due, the penalty shall be 100 percent of the amount of the fee, exclusive of previously remitted installments.(c) The sum of the penalties imposed pursuant to subdivisions (a) and (b) shall not exceed 100 percent of the total fee required pursuant to Section 25205.5 of the Health and Safety Code.(d) Notwithstanding any other limitation to the penalty amount imposed for any one installment, fee, or return specified in this part, the penalties imposed pursuant to this section shall be in addition to any other penalties imposed under this part.(e) This section applies to any fee imposed pursuant to Section 25205.5 of the Health and Safety Code for any return or payment that becomes due on or after November 30, 2024. |
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| 1544 | 1556 | | |
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| 1545 | 1557 | | |
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| 1546 | 1558 | | |
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| 1547 | 1559 | | 43155.01. (a) A person who fails to pay any generation and handling fee or installment, except amounts of determinations made by the California Department of Tax and Fee Administration under Article 2 (commencing with Section 43201), within the time required shall pay a penalty, plus interest at the modified adjusted rate per month, or fraction of a month, established pursuant to Section 6591.5, from the date on which the fee or the amount of fee required to be collected became due and payable to the state until the date of payment, as follows: |
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| 1548 | 1560 | | |
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| 1549 | 1561 | | (1) For a delinquency period of 30 days or fewer from the date the installment or fee became due and payable, the penalty shall be 10 percent of the amount of the delinquent fee or installment not timely remitted. |
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| 1550 | 1562 | | |
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| 1551 | 1563 | | (2) For a delinquency period of at least 31 days, but not more than 60 days, from the date the installment or fee became due and payable, the penalty shall be 25 percent of the amount of the delinquent fee or installment not timely remitted. |
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| 1552 | 1564 | | |
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| 1553 | 1565 | | (3) For a delinquency period of at least 61 days, but not more than 90 days, from the date the installment or fee became due and payable, the penalty shall be 50 percent of the amount of the delinquent fee or installment not timely remitted. |
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| 1554 | 1566 | | |
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| 1555 | 1567 | | (4) For a delinquency period of 91 days or more from the date the installment or fee became due and payable, the penalty shall be 100 percent of the amount of the delinquent fee or installment not timely remitted. |
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| 1556 | 1568 | | |
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| 1557 | 1569 | | (b) For any person who fails to file a generation and handling fee return with the California Department of Tax and Fee Administration in accordance with this part within the time prescribed for the filing of a generation and handling fee return, a penalty shall be added on account of the delinquency, as follows: |
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| 1558 | 1570 | | |
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| 1559 | 1571 | | (1) For a delinquency period of 30 days or fewer from the date the return became due, the penalty shall be 10 percent of the amount of the fee, exclusive of previously remitted installments. |
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| 1560 | 1572 | | |
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| 1561 | 1573 | | (2) For a delinquency period of at least 31 days, but not more than 60 days, from the date the return became due, the penalty shall be 25 percent of the amount of the fee, exclusive of previously remitted installments. |
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| 1562 | 1574 | | |
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| 1563 | 1575 | | (3) For a delinquency period of at least 61 days, but not more than 90 days, from the date the return became due, the penalty shall be 50 percent of the amount of the fee, exclusive of previously remitted installments. |
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| 1564 | 1576 | | |
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| 1565 | 1577 | | (4) For a delinquency period of 91 days or more from the date the return became due, the penalty shall be 100 percent of the amount of the fee, exclusive of previously remitted installments. |
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| 1566 | 1578 | | |
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| 1567 | 1579 | | (c) The sum of the penalties imposed pursuant to subdivisions (a) and (b) shall not exceed 100 percent of the total fee required pursuant to Section 25205.5 of the Health and Safety Code. |
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| 1568 | 1580 | | |
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| 1569 | 1581 | | (d) Notwithstanding any other limitation to the penalty amount imposed for any one installment, fee, or return specified in this part, the penalties imposed pursuant to this section shall be in addition to any other penalties imposed under this part. |
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| 1570 | 1582 | | |
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| 1571 | 1583 | | (e) This section applies to any fee imposed pursuant to Section 25205.5 of the Health and Safety Code for any return or payment that becomes due on or after November 30, 2024. |
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| 1572 | 1584 | | |
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| 1573 | 1585 | | SEC. 79. Section 43201 of the Revenue and Taxation Code is amended to read:43201. (a) If the California Department of Tax and Fee Administration is dissatisfied with the return or report filed or the amount of tax paid to the state by any taxpayer, or if no return or report has been filed or no payment or payments of the taxes have been made to the state by a taxpayer, the California Department of Tax and Fee Administration may compute and determine the amount to be paid, based upon any information available to it. In addition, where the California Department of Tax and Fee Administration is authorized to collect a tax for another state agency, the California Department of Tax and Fee Administration may issue a notice of determination or similar billing document for collection of the tax. One or more additional determinations may be made of the amount of tax due for one, or for more than one, period. The amount of tax so determined shall bear interest at the modified adjusted rate per month, or fraction thereof, established pursuant to Section 6591.5, from the date the amount of the tax, or any portion thereof, became due and payable until the date of payment. In making a determination, the California Department of Tax and Fee Administration may offset overpayments for a period or periods against underpayments for another period or periods and against the interest and penalties on the underpayments.(b) If any part of the deficiency for which a determination of an additional amount due is found to have been occasioned by negligence or intentional disregard of this part or authorized regulations, a penalty of 10 percent of the amount of the determination shall be added, plus interest as provided above.(c) If any part of the deficiency for which a determination of an additional amount due is found to be occasioned by fraud or an intent to evade this part or authorized regulations, a penalty of 25 percent of the amount of the determination shall be added, plus interest as provided in subdivision (a).(d) The California Department of Tax and Fee Administration shall give to the taxpayer written notice of its determination. The notice shall be served in one of the following manners:(1) By placing the notice in a sealed envelope, with postage paid, addressed to the taxpayer at their address as it appears in the records of the California Department of Tax and Fee Administration. Service made pursuant to this paragraph shall be deemed complete at the time of the deposit of the notice in a United States Post Office, or a mailbox, sub-post office, substation, or mail chute, or other facility regularly maintained or provided by the United States Postal Service without extension of time for any reason.(2) By personally delivering the notice to the person to be served. Service made pursuant to this paragraph shall be deemed complete at the time of delivery. Personal service to a corporation may be made by delivery of a notice to any person designated in the Code of Civil Procedure to be served for the corporation with summons and complaint in a civil action.(3) (A) By delivering the notice electronically via secure transmission when either of the following applies:(i) The taxpayer requests the notice of determination to be sent electronically via secure transmission.(ii) The California Department of Tax and Fee Administration has evidence that the taxpayer no longer receives mail at the address of record and has previously provided an address for electronic mail.(B) Service provided pursuant to subparagraph (A) shall be deemed complete at the time the California Department of Tax and Fee Administration electronically transmits the notice via the taxpayers secure web portal, without extension of time for any reason.(e) This section shall not apply to any fee imposed pursuant to Section 25205.5 or 25205.5.2 of the Health and Safety Code for any return or payment that becomes due on or after November 30, 2024. |
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| 1574 | 1586 | | |
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| 1575 | 1587 | | SEC. 79. Section 43201 of the Revenue and Taxation Code is amended to read: |
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| 1576 | 1588 | | |
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| 1577 | 1589 | | ### SEC. 79. |
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| 1578 | 1590 | | |
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| 1579 | 1591 | | 43201. (a) If the California Department of Tax and Fee Administration is dissatisfied with the return or report filed or the amount of tax paid to the state by any taxpayer, or if no return or report has been filed or no payment or payments of the taxes have been made to the state by a taxpayer, the California Department of Tax and Fee Administration may compute and determine the amount to be paid, based upon any information available to it. In addition, where the California Department of Tax and Fee Administration is authorized to collect a tax for another state agency, the California Department of Tax and Fee Administration may issue a notice of determination or similar billing document for collection of the tax. One or more additional determinations may be made of the amount of tax due for one, or for more than one, period. The amount of tax so determined shall bear interest at the modified adjusted rate per month, or fraction thereof, established pursuant to Section 6591.5, from the date the amount of the tax, or any portion thereof, became due and payable until the date of payment. In making a determination, the California Department of Tax and Fee Administration may offset overpayments for a period or periods against underpayments for another period or periods and against the interest and penalties on the underpayments.(b) If any part of the deficiency for which a determination of an additional amount due is found to have been occasioned by negligence or intentional disregard of this part or authorized regulations, a penalty of 10 percent of the amount of the determination shall be added, plus interest as provided above.(c) If any part of the deficiency for which a determination of an additional amount due is found to be occasioned by fraud or an intent to evade this part or authorized regulations, a penalty of 25 percent of the amount of the determination shall be added, plus interest as provided in subdivision (a).(d) The California Department of Tax and Fee Administration shall give to the taxpayer written notice of its determination. The notice shall be served in one of the following manners:(1) By placing the notice in a sealed envelope, with postage paid, addressed to the taxpayer at their address as it appears in the records of the California Department of Tax and Fee Administration. Service made pursuant to this paragraph shall be deemed complete at the time of the deposit of the notice in a United States Post Office, or a mailbox, sub-post office, substation, or mail chute, or other facility regularly maintained or provided by the United States Postal Service without extension of time for any reason.(2) By personally delivering the notice to the person to be served. Service made pursuant to this paragraph shall be deemed complete at the time of delivery. Personal service to a corporation may be made by delivery of a notice to any person designated in the Code of Civil Procedure to be served for the corporation with summons and complaint in a civil action.(3) (A) By delivering the notice electronically via secure transmission when either of the following applies:(i) The taxpayer requests the notice of determination to be sent electronically via secure transmission.(ii) The California Department of Tax and Fee Administration has evidence that the taxpayer no longer receives mail at the address of record and has previously provided an address for electronic mail.(B) Service provided pursuant to subparagraph (A) shall be deemed complete at the time the California Department of Tax and Fee Administration electronically transmits the notice via the taxpayers secure web portal, without extension of time for any reason.(e) This section shall not apply to any fee imposed pursuant to Section 25205.5 or 25205.5.2 of the Health and Safety Code for any return or payment that becomes due on or after November 30, 2024. |
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| 1580 | 1592 | | |
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| 1581 | 1593 | | 43201. (a) If the California Department of Tax and Fee Administration is dissatisfied with the return or report filed or the amount of tax paid to the state by any taxpayer, or if no return or report has been filed or no payment or payments of the taxes have been made to the state by a taxpayer, the California Department of Tax and Fee Administration may compute and determine the amount to be paid, based upon any information available to it. In addition, where the California Department of Tax and Fee Administration is authorized to collect a tax for another state agency, the California Department of Tax and Fee Administration may issue a notice of determination or similar billing document for collection of the tax. One or more additional determinations may be made of the amount of tax due for one, or for more than one, period. The amount of tax so determined shall bear interest at the modified adjusted rate per month, or fraction thereof, established pursuant to Section 6591.5, from the date the amount of the tax, or any portion thereof, became due and payable until the date of payment. In making a determination, the California Department of Tax and Fee Administration may offset overpayments for a period or periods against underpayments for another period or periods and against the interest and penalties on the underpayments.(b) If any part of the deficiency for which a determination of an additional amount due is found to have been occasioned by negligence or intentional disregard of this part or authorized regulations, a penalty of 10 percent of the amount of the determination shall be added, plus interest as provided above.(c) If any part of the deficiency for which a determination of an additional amount due is found to be occasioned by fraud or an intent to evade this part or authorized regulations, a penalty of 25 percent of the amount of the determination shall be added, plus interest as provided in subdivision (a).(d) The California Department of Tax and Fee Administration shall give to the taxpayer written notice of its determination. The notice shall be served in one of the following manners:(1) By placing the notice in a sealed envelope, with postage paid, addressed to the taxpayer at their address as it appears in the records of the California Department of Tax and Fee Administration. Service made pursuant to this paragraph shall be deemed complete at the time of the deposit of the notice in a United States Post Office, or a mailbox, sub-post office, substation, or mail chute, or other facility regularly maintained or provided by the United States Postal Service without extension of time for any reason.(2) By personally delivering the notice to the person to be served. Service made pursuant to this paragraph shall be deemed complete at the time of delivery. Personal service to a corporation may be made by delivery of a notice to any person designated in the Code of Civil Procedure to be served for the corporation with summons and complaint in a civil action.(3) (A) By delivering the notice electronically via secure transmission when either of the following applies:(i) The taxpayer requests the notice of determination to be sent electronically via secure transmission.(ii) The California Department of Tax and Fee Administration has evidence that the taxpayer no longer receives mail at the address of record and has previously provided an address for electronic mail.(B) Service provided pursuant to subparagraph (A) shall be deemed complete at the time the California Department of Tax and Fee Administration electronically transmits the notice via the taxpayers secure web portal, without extension of time for any reason.(e) This section shall not apply to any fee imposed pursuant to Section 25205.5 or 25205.5.2 of the Health and Safety Code for any return or payment that becomes due on or after November 30, 2024. |
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| 1582 | 1594 | | |
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| 1583 | 1595 | | 43201. (a) If the California Department of Tax and Fee Administration is dissatisfied with the return or report filed or the amount of tax paid to the state by any taxpayer, or if no return or report has been filed or no payment or payments of the taxes have been made to the state by a taxpayer, the California Department of Tax and Fee Administration may compute and determine the amount to be paid, based upon any information available to it. In addition, where the California Department of Tax and Fee Administration is authorized to collect a tax for another state agency, the California Department of Tax and Fee Administration may issue a notice of determination or similar billing document for collection of the tax. One or more additional determinations may be made of the amount of tax due for one, or for more than one, period. The amount of tax so determined shall bear interest at the modified adjusted rate per month, or fraction thereof, established pursuant to Section 6591.5, from the date the amount of the tax, or any portion thereof, became due and payable until the date of payment. In making a determination, the California Department of Tax and Fee Administration may offset overpayments for a period or periods against underpayments for another period or periods and against the interest and penalties on the underpayments.(b) If any part of the deficiency for which a determination of an additional amount due is found to have been occasioned by negligence or intentional disregard of this part or authorized regulations, a penalty of 10 percent of the amount of the determination shall be added, plus interest as provided above.(c) If any part of the deficiency for which a determination of an additional amount due is found to be occasioned by fraud or an intent to evade this part or authorized regulations, a penalty of 25 percent of the amount of the determination shall be added, plus interest as provided in subdivision (a).(d) The California Department of Tax and Fee Administration shall give to the taxpayer written notice of its determination. The notice shall be served in one of the following manners:(1) By placing the notice in a sealed envelope, with postage paid, addressed to the taxpayer at their address as it appears in the records of the California Department of Tax and Fee Administration. Service made pursuant to this paragraph shall be deemed complete at the time of the deposit of the notice in a United States Post Office, or a mailbox, sub-post office, substation, or mail chute, or other facility regularly maintained or provided by the United States Postal Service without extension of time for any reason.(2) By personally delivering the notice to the person to be served. Service made pursuant to this paragraph shall be deemed complete at the time of delivery. Personal service to a corporation may be made by delivery of a notice to any person designated in the Code of Civil Procedure to be served for the corporation with summons and complaint in a civil action.(3) (A) By delivering the notice electronically via secure transmission when either of the following applies:(i) The taxpayer requests the notice of determination to be sent electronically via secure transmission.(ii) The California Department of Tax and Fee Administration has evidence that the taxpayer no longer receives mail at the address of record and has previously provided an address for electronic mail.(B) Service provided pursuant to subparagraph (A) shall be deemed complete at the time the California Department of Tax and Fee Administration electronically transmits the notice via the taxpayers secure web portal, without extension of time for any reason.(e) This section shall not apply to any fee imposed pursuant to Section 25205.5 or 25205.5.2 of the Health and Safety Code for any return or payment that becomes due on or after November 30, 2024. |
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| 1584 | 1596 | | |
|---|
| 1585 | 1597 | | |
|---|
| 1586 | 1598 | | |
|---|
| 1587 | 1599 | | 43201. (a) If the California Department of Tax and Fee Administration is dissatisfied with the return or report filed or the amount of tax paid to the state by any taxpayer, or if no return or report has been filed or no payment or payments of the taxes have been made to the state by a taxpayer, the California Department of Tax and Fee Administration may compute and determine the amount to be paid, based upon any information available to it. In addition, where the California Department of Tax and Fee Administration is authorized to collect a tax for another state agency, the California Department of Tax and Fee Administration may issue a notice of determination or similar billing document for collection of the tax. One or more additional determinations may be made of the amount of tax due for one, or for more than one, period. The amount of tax so determined shall bear interest at the modified adjusted rate per month, or fraction thereof, established pursuant to Section 6591.5, from the date the amount of the tax, or any portion thereof, became due and payable until the date of payment. In making a determination, the California Department of Tax and Fee Administration may offset overpayments for a period or periods against underpayments for another period or periods and against the interest and penalties on the underpayments. |
|---|
| 1588 | 1600 | | |
|---|
| 1589 | 1601 | | (b) If any part of the deficiency for which a determination of an additional amount due is found to have been occasioned by negligence or intentional disregard of this part or authorized regulations, a penalty of 10 percent of the amount of the determination shall be added, plus interest as provided above. |
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| 1590 | 1602 | | |
|---|
| 1591 | 1603 | | (c) If any part of the deficiency for which a determination of an additional amount due is found to be occasioned by fraud or an intent to evade this part or authorized regulations, a penalty of 25 percent of the amount of the determination shall be added, plus interest as provided in subdivision (a). |
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| 1592 | 1604 | | |
|---|
| 1593 | 1605 | | (d) The California Department of Tax and Fee Administration shall give to the taxpayer written notice of its determination. The notice shall be served in one of the following manners: |
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| 1594 | 1606 | | |
|---|
| 1595 | 1607 | | (1) By placing the notice in a sealed envelope, with postage paid, addressed to the taxpayer at their address as it appears in the records of the California Department of Tax and Fee Administration. Service made pursuant to this paragraph shall be deemed complete at the time of the deposit of the notice in a United States Post Office, or a mailbox, sub-post office, substation, or mail chute, or other facility regularly maintained or provided by the United States Postal Service without extension of time for any reason. |
|---|
| 1596 | 1608 | | |
|---|
| 1597 | 1609 | | (2) By personally delivering the notice to the person to be served. Service made pursuant to this paragraph shall be deemed complete at the time of delivery. Personal service to a corporation may be made by delivery of a notice to any person designated in the Code of Civil Procedure to be served for the corporation with summons and complaint in a civil action. |
|---|
| 1598 | 1610 | | |
|---|
| 1599 | 1611 | | (3) (A) By delivering the notice electronically via secure transmission when either of the following applies: |
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| 1600 | 1612 | | |
|---|
| 1601 | 1613 | | (i) The taxpayer requests the notice of determination to be sent electronically via secure transmission. |
|---|
| 1602 | 1614 | | |
|---|
| 1603 | 1615 | | (ii) The California Department of Tax and Fee Administration has evidence that the taxpayer no longer receives mail at the address of record and has previously provided an address for electronic mail. |
|---|
| 1604 | 1616 | | |
|---|
| 1605 | 1617 | | (B) Service provided pursuant to subparagraph (A) shall be deemed complete at the time the California Department of Tax and Fee Administration electronically transmits the notice via the taxpayers secure web portal, without extension of time for any reason. |
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| 1606 | 1618 | | |
|---|
| 1607 | 1619 | | (e) This section shall not apply to any fee imposed pursuant to Section 25205.5 or 25205.5.2 of the Health and Safety Code for any return or payment that becomes due on or after November 30, 2024. |
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| 1608 | 1620 | | |
|---|
| 1609 | 1621 | | SEC. 80. Section 43201.01 of the Revenue and Taxation Code is amended to read:43201.01. (a) If the California Department of Tax and Fee Administration is dissatisfied with the return or report filed or the amount of fee paid to the state by any feepayer, or if no return or report has been filed or no payment or payments of the fees have been made to the state by a feepayer, the California Department of Tax and Fee Administration may compute and determine the amount to be paid, based upon any information available to it. In addition, where the California Department of Tax and Fee Administration is authorized to collect a fee for another state agency, the California Department of Tax and Fee Administration may issue a notice of determination or similar billing document for collection of the fee. One or more additional determinations may be made of the amount of fee due for one, or for more than one, period. The amount of fee so determined shall bear interest at the modified adjusted rate per month, or fraction thereof, established pursuant to Section 6591.5, from the date the amount of the fee, or any portion thereof, became due and payable until the date of payment. In making a determination, the California Department of Tax and Fee Administration may offset overpayments for a period or periods against underpayments for another period or periods and against the interest and penalties on the underpayments.(b) If any part of the deficiency for which a determination of an additional amount due is found to have been occasioned by negligence or intentional disregard of this part or authorized regulations, a penalty of 10 percent of the amount of the determination shall be added, plus interest as provided in subdivision (a).(c) If a feepayer willfully or knowingly provides incorrect information or withholds information that results in a deficient payment or nonpayment, as determined by California Department of Tax and Fee Administration, a penalty of 300 percent of the amount of the determination shall be added.(d) Notwithstanding any other limitation to the maximum penalty amount imposed for any one payment or return specified in this part, the penalties imposed pursuant to this section shall be in addition to any other penalties imposed under this part.(e) The California Department of Tax and Fee Administration shall give to the feepayer written notice of its determination. The notice shall be served in one of the following manners: (1) By placing the notice in a sealed envelope, with postage paid, addressed to the feepayer at their address as it appears in the records of the California Department of Tax and Fee Administration. Service made pursuant to this paragraph shall be deemed complete at the time of the deposit of the notice in a United States post office, or a mailbox, subpost office, substation or mail chute, or other facility regularly maintained or provided by the United States Postal Service without extension of time for any reason.(2) By personally delivering the notice to the person to be served. Service made pursuant to this paragraph shall be deemed complete at the time of delivery. Personal service to a corporation may be made by delivery of a notice to any person designated in the Code of Civil Procedure to be served for the corporation with summons and complaint in a civil action.(3) (A) By delivering the notice electronically via secure transmission when either of the following applies:(i) The feepayer requests the notice of determination to be sent electronically via secure transmission.(ii) The California Department of Tax and Fee Administration has evidence that the feepayer no longer receives mail at the address of record and has previously provided an address for electronic mail.(B) Service provided pursuant to subparagraph (A) shall be deemed complete at the time the California Department of Tax and Fee Administration electronically transmits the notice via the feepayers secure web portal, without extension of time for any reason.(f) This section shall only apply to any return or payment that becomes due on or after November 30, 2024, and shall only apply to the generation and handling fee imposed pursuant to Section 25205.5 or 25205.5.2 of the Health and Safety Code. |
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| 1610 | 1622 | | |
|---|
| 1611 | 1623 | | SEC. 80. Section 43201.01 of the Revenue and Taxation Code is amended to read: |
|---|
| 1612 | 1624 | | |
|---|
| 1613 | 1625 | | ### SEC. 80. |
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| 1614 | 1626 | | |
|---|
| 1615 | 1627 | | 43201.01. (a) If the California Department of Tax and Fee Administration is dissatisfied with the return or report filed or the amount of fee paid to the state by any feepayer, or if no return or report has been filed or no payment or payments of the fees have been made to the state by a feepayer, the California Department of Tax and Fee Administration may compute and determine the amount to be paid, based upon any information available to it. In addition, where the California Department of Tax and Fee Administration is authorized to collect a fee for another state agency, the California Department of Tax and Fee Administration may issue a notice of determination or similar billing document for collection of the fee. One or more additional determinations may be made of the amount of fee due for one, or for more than one, period. The amount of fee so determined shall bear interest at the modified adjusted rate per month, or fraction thereof, established pursuant to Section 6591.5, from the date the amount of the fee, or any portion thereof, became due and payable until the date of payment. In making a determination, the California Department of Tax and Fee Administration may offset overpayments for a period or periods against underpayments for another period or periods and against the interest and penalties on the underpayments.(b) If any part of the deficiency for which a determination of an additional amount due is found to have been occasioned by negligence or intentional disregard of this part or authorized regulations, a penalty of 10 percent of the amount of the determination shall be added, plus interest as provided in subdivision (a).(c) If a feepayer willfully or knowingly provides incorrect information or withholds information that results in a deficient payment or nonpayment, as determined by California Department of Tax and Fee Administration, a penalty of 300 percent of the amount of the determination shall be added.(d) Notwithstanding any other limitation to the maximum penalty amount imposed for any one payment or return specified in this part, the penalties imposed pursuant to this section shall be in addition to any other penalties imposed under this part.(e) The California Department of Tax and Fee Administration shall give to the feepayer written notice of its determination. The notice shall be served in one of the following manners: (1) By placing the notice in a sealed envelope, with postage paid, addressed to the feepayer at their address as it appears in the records of the California Department of Tax and Fee Administration. Service made pursuant to this paragraph shall be deemed complete at the time of the deposit of the notice in a United States post office, or a mailbox, subpost office, substation or mail chute, or other facility regularly maintained or provided by the United States Postal Service without extension of time for any reason.(2) By personally delivering the notice to the person to be served. Service made pursuant to this paragraph shall be deemed complete at the time of delivery. Personal service to a corporation may be made by delivery of a notice to any person designated in the Code of Civil Procedure to be served for the corporation with summons and complaint in a civil action.(3) (A) By delivering the notice electronically via secure transmission when either of the following applies:(i) The feepayer requests the notice of determination to be sent electronically via secure transmission.(ii) The California Department of Tax and Fee Administration has evidence that the feepayer no longer receives mail at the address of record and has previously provided an address for electronic mail.(B) Service provided pursuant to subparagraph (A) shall be deemed complete at the time the California Department of Tax and Fee Administration electronically transmits the notice via the feepayers secure web portal, without extension of time for any reason.(f) This section shall only apply to any return or payment that becomes due on or after November 30, 2024, and shall only apply to the generation and handling fee imposed pursuant to Section 25205.5 or 25205.5.2 of the Health and Safety Code. |
|---|
| 1616 | 1628 | | |
|---|
| 1617 | 1629 | | 43201.01. (a) If the California Department of Tax and Fee Administration is dissatisfied with the return or report filed or the amount of fee paid to the state by any feepayer, or if no return or report has been filed or no payment or payments of the fees have been made to the state by a feepayer, the California Department of Tax and Fee Administration may compute and determine the amount to be paid, based upon any information available to it. In addition, where the California Department of Tax and Fee Administration is authorized to collect a fee for another state agency, the California Department of Tax and Fee Administration may issue a notice of determination or similar billing document for collection of the fee. One or more additional determinations may be made of the amount of fee due for one, or for more than one, period. The amount of fee so determined shall bear interest at the modified adjusted rate per month, or fraction thereof, established pursuant to Section 6591.5, from the date the amount of the fee, or any portion thereof, became due and payable until the date of payment. In making a determination, the California Department of Tax and Fee Administration may offset overpayments for a period or periods against underpayments for another period or periods and against the interest and penalties on the underpayments.(b) If any part of the deficiency for which a determination of an additional amount due is found to have been occasioned by negligence or intentional disregard of this part or authorized regulations, a penalty of 10 percent of the amount of the determination shall be added, plus interest as provided in subdivision (a).(c) If a feepayer willfully or knowingly provides incorrect information or withholds information that results in a deficient payment or nonpayment, as determined by California Department of Tax and Fee Administration, a penalty of 300 percent of the amount of the determination shall be added.(d) Notwithstanding any other limitation to the maximum penalty amount imposed for any one payment or return specified in this part, the penalties imposed pursuant to this section shall be in addition to any other penalties imposed under this part.(e) The California Department of Tax and Fee Administration shall give to the feepayer written notice of its determination. The notice shall be served in one of the following manners: (1) By placing the notice in a sealed envelope, with postage paid, addressed to the feepayer at their address as it appears in the records of the California Department of Tax and Fee Administration. Service made pursuant to this paragraph shall be deemed complete at the time of the deposit of the notice in a United States post office, or a mailbox, subpost office, substation or mail chute, or other facility regularly maintained or provided by the United States Postal Service without extension of time for any reason.(2) By personally delivering the notice to the person to be served. Service made pursuant to this paragraph shall be deemed complete at the time of delivery. Personal service to a corporation may be made by delivery of a notice to any person designated in the Code of Civil Procedure to be served for the corporation with summons and complaint in a civil action.(3) (A) By delivering the notice electronically via secure transmission when either of the following applies:(i) The feepayer requests the notice of determination to be sent electronically via secure transmission.(ii) The California Department of Tax and Fee Administration has evidence that the feepayer no longer receives mail at the address of record and has previously provided an address for electronic mail.(B) Service provided pursuant to subparagraph (A) shall be deemed complete at the time the California Department of Tax and Fee Administration electronically transmits the notice via the feepayers secure web portal, without extension of time for any reason.(f) This section shall only apply to any return or payment that becomes due on or after November 30, 2024, and shall only apply to the generation and handling fee imposed pursuant to Section 25205.5 or 25205.5.2 of the Health and Safety Code. |
|---|
| 1618 | 1630 | | |
|---|
| 1619 | 1631 | | 43201.01. (a) If the California Department of Tax and Fee Administration is dissatisfied with the return or report filed or the amount of fee paid to the state by any feepayer, or if no return or report has been filed or no payment or payments of the fees have been made to the state by a feepayer, the California Department of Tax and Fee Administration may compute and determine the amount to be paid, based upon any information available to it. In addition, where the California Department of Tax and Fee Administration is authorized to collect a fee for another state agency, the California Department of Tax and Fee Administration may issue a notice of determination or similar billing document for collection of the fee. One or more additional determinations may be made of the amount of fee due for one, or for more than one, period. The amount of fee so determined shall bear interest at the modified adjusted rate per month, or fraction thereof, established pursuant to Section 6591.5, from the date the amount of the fee, or any portion thereof, became due and payable until the date of payment. In making a determination, the California Department of Tax and Fee Administration may offset overpayments for a period or periods against underpayments for another period or periods and against the interest and penalties on the underpayments.(b) If any part of the deficiency for which a determination of an additional amount due is found to have been occasioned by negligence or intentional disregard of this part or authorized regulations, a penalty of 10 percent of the amount of the determination shall be added, plus interest as provided in subdivision (a).(c) If a feepayer willfully or knowingly provides incorrect information or withholds information that results in a deficient payment or nonpayment, as determined by California Department of Tax and Fee Administration, a penalty of 300 percent of the amount of the determination shall be added.(d) Notwithstanding any other limitation to the maximum penalty amount imposed for any one payment or return specified in this part, the penalties imposed pursuant to this section shall be in addition to any other penalties imposed under this part.(e) The California Department of Tax and Fee Administration shall give to the feepayer written notice of its determination. The notice shall be served in one of the following manners: (1) By placing the notice in a sealed envelope, with postage paid, addressed to the feepayer at their address as it appears in the records of the California Department of Tax and Fee Administration. Service made pursuant to this paragraph shall be deemed complete at the time of the deposit of the notice in a United States post office, or a mailbox, subpost office, substation or mail chute, or other facility regularly maintained or provided by the United States Postal Service without extension of time for any reason.(2) By personally delivering the notice to the person to be served. Service made pursuant to this paragraph shall be deemed complete at the time of delivery. Personal service to a corporation may be made by delivery of a notice to any person designated in the Code of Civil Procedure to be served for the corporation with summons and complaint in a civil action.(3) (A) By delivering the notice electronically via secure transmission when either of the following applies:(i) The feepayer requests the notice of determination to be sent electronically via secure transmission.(ii) The California Department of Tax and Fee Administration has evidence that the feepayer no longer receives mail at the address of record and has previously provided an address for electronic mail.(B) Service provided pursuant to subparagraph (A) shall be deemed complete at the time the California Department of Tax and Fee Administration electronically transmits the notice via the feepayers secure web portal, without extension of time for any reason.(f) This section shall only apply to any return or payment that becomes due on or after November 30, 2024, and shall only apply to the generation and handling fee imposed pursuant to Section 25205.5 or 25205.5.2 of the Health and Safety Code. |
|---|
| 1620 | 1632 | | |
|---|
| 1621 | 1633 | | |
|---|
| 1622 | 1634 | | |
|---|
| 1623 | 1635 | | 43201.01. (a) If the California Department of Tax and Fee Administration is dissatisfied with the return or report filed or the amount of fee paid to the state by any feepayer, or if no return or report has been filed or no payment or payments of the fees have been made to the state by a feepayer, the California Department of Tax and Fee Administration may compute and determine the amount to be paid, based upon any information available to it. In addition, where the California Department of Tax and Fee Administration is authorized to collect a fee for another state agency, the California Department of Tax and Fee Administration may issue a notice of determination or similar billing document for collection of the fee. One or more additional determinations may be made of the amount of fee due for one, or for more than one, period. The amount of fee so determined shall bear interest at the modified adjusted rate per month, or fraction thereof, established pursuant to Section 6591.5, from the date the amount of the fee, or any portion thereof, became due and payable until the date of payment. In making a determination, the California Department of Tax and Fee Administration may offset overpayments for a period or periods against underpayments for another period or periods and against the interest and penalties on the underpayments. |
|---|
| 1624 | 1636 | | |
|---|
| 1625 | 1637 | | (b) If any part of the deficiency for which a determination of an additional amount due is found to have been occasioned by negligence or intentional disregard of this part or authorized regulations, a penalty of 10 percent of the amount of the determination shall be added, plus interest as provided in subdivision (a). |
|---|
| 1626 | 1638 | | |
|---|
| 1627 | 1639 | | (c) If a feepayer willfully or knowingly provides incorrect information or withholds information that results in a deficient payment or nonpayment, as determined by California Department of Tax and Fee Administration, a penalty of 300 percent of the amount of the determination shall be added. |
|---|
| 1628 | 1640 | | |
|---|
| 1629 | 1641 | | (d) Notwithstanding any other limitation to the maximum penalty amount imposed for any one payment or return specified in this part, the penalties imposed pursuant to this section shall be in addition to any other penalties imposed under this part. |
|---|
| 1630 | 1642 | | |
|---|
| 1631 | 1643 | | (e) The California Department of Tax and Fee Administration shall give to the feepayer written notice of its determination. The notice shall be served in one of the following manners: |
|---|
| 1632 | 1644 | | |
|---|
| 1633 | 1645 | | (1) By placing the notice in a sealed envelope, with postage paid, addressed to the feepayer at their address as it appears in the records of the California Department of Tax and Fee Administration. Service made pursuant to this paragraph shall be deemed complete at the time of the deposit of the notice in a United States post office, or a mailbox, subpost office, substation or mail chute, or other facility regularly maintained or provided by the United States Postal Service without extension of time for any reason. |
|---|
| 1634 | 1646 | | |
|---|
| 1635 | 1647 | | (2) By personally delivering the notice to the person to be served. Service made pursuant to this paragraph shall be deemed complete at the time of delivery. Personal service to a corporation may be made by delivery of a notice to any person designated in the Code of Civil Procedure to be served for the corporation with summons and complaint in a civil action. |
|---|
| 1636 | 1648 | | |
|---|
| 1637 | 1649 | | (3) (A) By delivering the notice electronically via secure transmission when either of the following applies: |
|---|
| 1638 | 1650 | | |
|---|
| 1639 | 1651 | | (i) The feepayer requests the notice of determination to be sent electronically via secure transmission. |
|---|
| 1640 | 1652 | | |
|---|
| 1641 | 1653 | | (ii) The California Department of Tax and Fee Administration has evidence that the feepayer no longer receives mail at the address of record and has previously provided an address for electronic mail. |
|---|
| 1642 | 1654 | | |
|---|
| 1643 | 1655 | | (B) Service provided pursuant to subparagraph (A) shall be deemed complete at the time the California Department of Tax and Fee Administration electronically transmits the notice via the feepayers secure web portal, without extension of time for any reason. |
|---|
| 1644 | 1656 | | |
|---|
| 1645 | 1657 | | (f) This section shall only apply to any return or payment that becomes due on or after November 30, 2024, and shall only apply to the generation and handling fee imposed pursuant to Section 25205.5 or 25205.5.2 of the Health and Safety Code. |
|---|
| 1646 | 1658 | | |
|---|
| 1647 | 1659 | | SEC. 81. Section 43202 of the Revenue and Taxation Code is amended to read:43202. (a) Except in the case of fraud, intent to evade this part, authorized rules and regulations, or failure to make a return, every notice of a determination of an additional amount due shall be served within three years after the date when the amount should have been paid or the return was due, or within three years after the return was filed, whichever period expires later. In the case of failure to make a return, the notice of determination shall be served within eight years after the date the report or return was due.(b) The limitation specified in subdivision (a) shall not apply to a liability for the fees described in subdivisions (b) and (c) of Section 25205.25 of the Health and Safety Code that is proposed to be determined with respect to a taxpayer if a notice of determination for the fee imposed pursuant to Section 25205.2 of the Health and Safety Code has been given pursuant to Section 43201 or 43350 for the same period and site, or with respect to a taxpayer that has paid the fee imposed by Section 25205.2 of the Health and Safety Code for the same period and site. The notice of determination with respect to the fees described in subdivisions (b) and (c) of Section 25205.25 of the Health and Safety Code shall be given within 90 days from the date of final action of the California Department of Tax and Fee Administration or final judicial action, whichever is later, concerning liability for the fee imposed pursuant to Section 25205.2 of the Health and Safety Code.(c) The limitation specified in subdivision (a) shall not apply to a liability for the fee imposed pursuant to Section 25205.2 of the Health and Safety Code that is proposed to be determined with respect to a taxpayer if a notice of determination for the fees described in subdivisions (b) and (c) of Section 25205.25 of the Health and Safety Code has been given pursuant to Section 43201 or 43350 for the same period and site, or with respect to a taxpayer that has paid the fees described in subdivisions (b) and (c) of Section 25205.25 of the Health and Safety Code for the same period and site. The notice of determination with respect to the fee imposed pursuant to Section 25205.2 of the Health and Safety Code shall be given within 90 days from the date of final action of the California Department of Tax and Fee Administration or final judicial action, whichever is later, concerning liability for the fees described in subdivisions (b) and (c) of Section 25205.25 of the Health and Safety Code. |
|---|
| 1648 | 1660 | | |
|---|
| 1649 | 1661 | | SEC. 81. Section 43202 of the Revenue and Taxation Code is amended to read: |
|---|
| 1650 | 1662 | | |
|---|
| 1651 | 1663 | | ### SEC. 81. |
|---|
| 1652 | 1664 | | |
|---|
| 1653 | 1665 | | 43202. (a) Except in the case of fraud, intent to evade this part, authorized rules and regulations, or failure to make a return, every notice of a determination of an additional amount due shall be served within three years after the date when the amount should have been paid or the return was due, or within three years after the return was filed, whichever period expires later. In the case of failure to make a return, the notice of determination shall be served within eight years after the date the report or return was due.(b) The limitation specified in subdivision (a) shall not apply to a liability for the fees described in subdivisions (b) and (c) of Section 25205.25 of the Health and Safety Code that is proposed to be determined with respect to a taxpayer if a notice of determination for the fee imposed pursuant to Section 25205.2 of the Health and Safety Code has been given pursuant to Section 43201 or 43350 for the same period and site, or with respect to a taxpayer that has paid the fee imposed by Section 25205.2 of the Health and Safety Code for the same period and site. The notice of determination with respect to the fees described in subdivisions (b) and (c) of Section 25205.25 of the Health and Safety Code shall be given within 90 days from the date of final action of the California Department of Tax and Fee Administration or final judicial action, whichever is later, concerning liability for the fee imposed pursuant to Section 25205.2 of the Health and Safety Code.(c) The limitation specified in subdivision (a) shall not apply to a liability for the fee imposed pursuant to Section 25205.2 of the Health and Safety Code that is proposed to be determined with respect to a taxpayer if a notice of determination for the fees described in subdivisions (b) and (c) of Section 25205.25 of the Health and Safety Code has been given pursuant to Section 43201 or 43350 for the same period and site, or with respect to a taxpayer that has paid the fees described in subdivisions (b) and (c) of Section 25205.25 of the Health and Safety Code for the same period and site. The notice of determination with respect to the fee imposed pursuant to Section 25205.2 of the Health and Safety Code shall be given within 90 days from the date of final action of the California Department of Tax and Fee Administration or final judicial action, whichever is later, concerning liability for the fees described in subdivisions (b) and (c) of Section 25205.25 of the Health and Safety Code. |
|---|
| 1654 | 1666 | | |
|---|
| 1655 | 1667 | | 43202. (a) Except in the case of fraud, intent to evade this part, authorized rules and regulations, or failure to make a return, every notice of a determination of an additional amount due shall be served within three years after the date when the amount should have been paid or the return was due, or within three years after the return was filed, whichever period expires later. In the case of failure to make a return, the notice of determination shall be served within eight years after the date the report or return was due.(b) The limitation specified in subdivision (a) shall not apply to a liability for the fees described in subdivisions (b) and (c) of Section 25205.25 of the Health and Safety Code that is proposed to be determined with respect to a taxpayer if a notice of determination for the fee imposed pursuant to Section 25205.2 of the Health and Safety Code has been given pursuant to Section 43201 or 43350 for the same period and site, or with respect to a taxpayer that has paid the fee imposed by Section 25205.2 of the Health and Safety Code for the same period and site. The notice of determination with respect to the fees described in subdivisions (b) and (c) of Section 25205.25 of the Health and Safety Code shall be given within 90 days from the date of final action of the California Department of Tax and Fee Administration or final judicial action, whichever is later, concerning liability for the fee imposed pursuant to Section 25205.2 of the Health and Safety Code.(c) The limitation specified in subdivision (a) shall not apply to a liability for the fee imposed pursuant to Section 25205.2 of the Health and Safety Code that is proposed to be determined with respect to a taxpayer if a notice of determination for the fees described in subdivisions (b) and (c) of Section 25205.25 of the Health and Safety Code has been given pursuant to Section 43201 or 43350 for the same period and site, or with respect to a taxpayer that has paid the fees described in subdivisions (b) and (c) of Section 25205.25 of the Health and Safety Code for the same period and site. The notice of determination with respect to the fee imposed pursuant to Section 25205.2 of the Health and Safety Code shall be given within 90 days from the date of final action of the California Department of Tax and Fee Administration or final judicial action, whichever is later, concerning liability for the fees described in subdivisions (b) and (c) of Section 25205.25 of the Health and Safety Code. |
|---|
| 1656 | 1668 | | |
|---|
| 1657 | 1669 | | 43202. (a) Except in the case of fraud, intent to evade this part, authorized rules and regulations, or failure to make a return, every notice of a determination of an additional amount due shall be served within three years after the date when the amount should have been paid or the return was due, or within three years after the return was filed, whichever period expires later. In the case of failure to make a return, the notice of determination shall be served within eight years after the date the report or return was due.(b) The limitation specified in subdivision (a) shall not apply to a liability for the fees described in subdivisions (b) and (c) of Section 25205.25 of the Health and Safety Code that is proposed to be determined with respect to a taxpayer if a notice of determination for the fee imposed pursuant to Section 25205.2 of the Health and Safety Code has been given pursuant to Section 43201 or 43350 for the same period and site, or with respect to a taxpayer that has paid the fee imposed by Section 25205.2 of the Health and Safety Code for the same period and site. The notice of determination with respect to the fees described in subdivisions (b) and (c) of Section 25205.25 of the Health and Safety Code shall be given within 90 days from the date of final action of the California Department of Tax and Fee Administration or final judicial action, whichever is later, concerning liability for the fee imposed pursuant to Section 25205.2 of the Health and Safety Code.(c) The limitation specified in subdivision (a) shall not apply to a liability for the fee imposed pursuant to Section 25205.2 of the Health and Safety Code that is proposed to be determined with respect to a taxpayer if a notice of determination for the fees described in subdivisions (b) and (c) of Section 25205.25 of the Health and Safety Code has been given pursuant to Section 43201 or 43350 for the same period and site, or with respect to a taxpayer that has paid the fees described in subdivisions (b) and (c) of Section 25205.25 of the Health and Safety Code for the same period and site. The notice of determination with respect to the fee imposed pursuant to Section 25205.2 of the Health and Safety Code shall be given within 90 days from the date of final action of the California Department of Tax and Fee Administration or final judicial action, whichever is later, concerning liability for the fees described in subdivisions (b) and (c) of Section 25205.25 of the Health and Safety Code. |
|---|
| 1658 | 1670 | | |
|---|
| 1659 | 1671 | | |
|---|
| 1660 | 1672 | | |
|---|
| 1661 | 1673 | | 43202. (a) Except in the case of fraud, intent to evade this part, authorized rules and regulations, or failure to make a return, every notice of a determination of an additional amount due shall be served within three years after the date when the amount should have been paid or the return was due, or within three years after the return was filed, whichever period expires later. In the case of failure to make a return, the notice of determination shall be served within eight years after the date the report or return was due. |
|---|
| 1662 | 1674 | | |
|---|
| 1663 | 1675 | | (b) The limitation specified in subdivision (a) shall not apply to a liability for the fees described in subdivisions (b) and (c) of Section 25205.25 of the Health and Safety Code that is proposed to be determined with respect to a taxpayer if a notice of determination for the fee imposed pursuant to Section 25205.2 of the Health and Safety Code has been given pursuant to Section 43201 or 43350 for the same period and site, or with respect to a taxpayer that has paid the fee imposed by Section 25205.2 of the Health and Safety Code for the same period and site. The notice of determination with respect to the fees described in subdivisions (b) and (c) of Section 25205.25 of the Health and Safety Code shall be given within 90 days from the date of final action of the California Department of Tax and Fee Administration or final judicial action, whichever is later, concerning liability for the fee imposed pursuant to Section 25205.2 of the Health and Safety Code. |
|---|
| 1664 | 1676 | | |
|---|
| 1665 | 1677 | | (c) The limitation specified in subdivision (a) shall not apply to a liability for the fee imposed pursuant to Section 25205.2 of the Health and Safety Code that is proposed to be determined with respect to a taxpayer if a notice of determination for the fees described in subdivisions (b) and (c) of Section 25205.25 of the Health and Safety Code has been given pursuant to Section 43201 or 43350 for the same period and site, or with respect to a taxpayer that has paid the fees described in subdivisions (b) and (c) of Section 25205.25 of the Health and Safety Code for the same period and site. The notice of determination with respect to the fee imposed pursuant to Section 25205.2 of the Health and Safety Code shall be given within 90 days from the date of final action of the California Department of Tax and Fee Administration or final judicial action, whichever is later, concerning liability for the fees described in subdivisions (b) and (c) of Section 25205.25 of the Health and Safety Code. |
|---|
| 1666 | 1678 | | |
|---|
| 1667 | 1679 | | SEC. 82. Section 43203 of the Revenue and Taxation Code is amended to read:43203. In the case of a deficiency arising under this part during the lifetime of a decedent, a notice of deficiency determination shall be served within four months after written request therefor, in the form required by the California Department of Tax and Fee Administration, by the fiduciary of the estate or trust or by any other person liable for the tax or any portion thereof. |
|---|
| 1668 | 1680 | | |
|---|
| 1669 | 1681 | | SEC. 82. Section 43203 of the Revenue and Taxation Code is amended to read: |
|---|
| 1670 | 1682 | | |
|---|
| 1671 | 1683 | | ### SEC. 82. |
|---|
| 1672 | 1684 | | |
|---|
| 1673 | 1685 | | 43203. In the case of a deficiency arising under this part during the lifetime of a decedent, a notice of deficiency determination shall be served within four months after written request therefor, in the form required by the California Department of Tax and Fee Administration, by the fiduciary of the estate or trust or by any other person liable for the tax or any portion thereof. |
|---|
| 1674 | 1686 | | |
|---|
| 1675 | 1687 | | 43203. In the case of a deficiency arising under this part during the lifetime of a decedent, a notice of deficiency determination shall be served within four months after written request therefor, in the form required by the California Department of Tax and Fee Administration, by the fiduciary of the estate or trust or by any other person liable for the tax or any portion thereof. |
|---|
| 1676 | 1688 | | |
|---|
| 1677 | 1689 | | 43203. In the case of a deficiency arising under this part during the lifetime of a decedent, a notice of deficiency determination shall be served within four months after written request therefor, in the form required by the California Department of Tax and Fee Administration, by the fiduciary of the estate or trust or by any other person liable for the tax or any portion thereof. |
|---|
| 1678 | 1690 | | |
|---|
| 1679 | 1691 | | |
|---|
| 1680 | 1692 | | |
|---|
| 1681 | 1693 | | 43203. In the case of a deficiency arising under this part during the lifetime of a decedent, a notice of deficiency determination shall be served within four months after written request therefor, in the form required by the California Department of Tax and Fee Administration, by the fiduciary of the estate or trust or by any other person liable for the tax or any portion thereof. |
|---|
| 1682 | 1694 | | |
|---|
| 1683 | 1695 | | SEC. 83. Section 43204 of the Revenue and Taxation Code is amended to read:43204. If before the expiration of the time prescribed in Section 43202 for serving a notice of deficiency determination the taxpayer has consented in writing to service of the notice after such time, the notice may be served at any time prior to the expiration of the period agreed upon. The period so agreed upon may be extended by subsequent agreements in writing made before the expiration of the period previously agreed upon. |
|---|
| 1684 | 1696 | | |
|---|
| 1685 | 1697 | | SEC. 83. Section 43204 of the Revenue and Taxation Code is amended to read: |
|---|
| 1686 | 1698 | | |
|---|
| 1687 | 1699 | | ### SEC. 83. |
|---|
| 1688 | 1700 | | |
|---|
| 1689 | 1701 | | 43204. If before the expiration of the time prescribed in Section 43202 for serving a notice of deficiency determination the taxpayer has consented in writing to service of the notice after such time, the notice may be served at any time prior to the expiration of the period agreed upon. The period so agreed upon may be extended by subsequent agreements in writing made before the expiration of the period previously agreed upon. |
|---|
| 1690 | 1702 | | |
|---|
| 1691 | 1703 | | 43204. If before the expiration of the time prescribed in Section 43202 for serving a notice of deficiency determination the taxpayer has consented in writing to service of the notice after such time, the notice may be served at any time prior to the expiration of the period agreed upon. The period so agreed upon may be extended by subsequent agreements in writing made before the expiration of the period previously agreed upon. |
|---|
| 1692 | 1704 | | |
|---|
| 1693 | 1705 | | 43204. If before the expiration of the time prescribed in Section 43202 for serving a notice of deficiency determination the taxpayer has consented in writing to service of the notice after such time, the notice may be served at any time prior to the expiration of the period agreed upon. The period so agreed upon may be extended by subsequent agreements in writing made before the expiration of the period previously agreed upon. |
|---|
| 1694 | 1706 | | |
|---|
| 1695 | 1707 | | |
|---|
| 1696 | 1708 | | |
|---|
| 1697 | 1709 | | 43204. If before the expiration of the time prescribed in Section 43202 for serving a notice of deficiency determination the taxpayer has consented in writing to service of the notice after such time, the notice may be served at any time prior to the expiration of the period agreed upon. The period so agreed upon may be extended by subsequent agreements in writing made before the expiration of the period previously agreed upon. |
|---|
| 1698 | 1710 | | |
|---|
| 1699 | 1711 | | SEC. 84. Section 43307 of the Revenue and Taxation Code is amended to read:43307. Any notice required by this article shall be served in the same manner as prescribed for service of notice by Section 43201 or 43201.01. |
|---|
| 1700 | 1712 | | |
|---|
| 1701 | 1713 | | SEC. 84. Section 43307 of the Revenue and Taxation Code is amended to read: |
|---|
| 1702 | 1714 | | |
|---|
| 1703 | 1715 | | ### SEC. 84. |
|---|
| 1704 | 1716 | | |
|---|
| 1705 | 1717 | | 43307. Any notice required by this article shall be served in the same manner as prescribed for service of notice by Section 43201 or 43201.01. |
|---|
| 1706 | 1718 | | |
|---|
| 1707 | 1719 | | 43307. Any notice required by this article shall be served in the same manner as prescribed for service of notice by Section 43201 or 43201.01. |
|---|
| 1708 | 1720 | | |
|---|
| 1709 | 1721 | | 43307. Any notice required by this article shall be served in the same manner as prescribed for service of notice by Section 43201 or 43201.01. |
|---|
| 1710 | 1722 | | |
|---|
| 1711 | 1723 | | |
|---|
| 1712 | 1724 | | |
|---|
| 1713 | 1725 | | 43307. Any notice required by this article shall be served in the same manner as prescribed for service of notice by Section 43201 or 43201.01. |
|---|
| 1714 | 1726 | | |
|---|
| 1715 | 1727 | | SEC. 85. Section 43351 of the Revenue and Taxation Code is amended to read:43351. The taxpayer against whom a jeopardy determination is made may file a petition for the redetermination thereof, pursuant to Article 4 (commencing with Section 43301), with the California Department of Tax and Fee Administration within 10 days after the service upon the taxpayer of notice of the determination, but they shall, within the 10-day period, deposit with the California Department of Tax and Fee Administration such security as it deems necessary to insure compliance with the provisions of this part. The security may be sold by the California Department of Tax and Fee Administration at public sale if it becomes necessary in order to recover any amount due under this part. Notice of the sale may be served upon the person who deposited the security in the same manner as prescribed for service of notice by Section 43201 or 43201.01. Upon any such sale, the surplus, if any, above the amount due under this part shall be returned to the person who deposited the security. |
|---|
| 1716 | 1728 | | |
|---|
| 1717 | 1729 | | SEC. 85. Section 43351 of the Revenue and Taxation Code is amended to read: |
|---|
| 1718 | 1730 | | |
|---|
| 1719 | 1731 | | ### SEC. 85. |
|---|
| 1720 | 1732 | | |
|---|
| 1721 | 1733 | | 43351. The taxpayer against whom a jeopardy determination is made may file a petition for the redetermination thereof, pursuant to Article 4 (commencing with Section 43301), with the California Department of Tax and Fee Administration within 10 days after the service upon the taxpayer of notice of the determination, but they shall, within the 10-day period, deposit with the California Department of Tax and Fee Administration such security as it deems necessary to insure compliance with the provisions of this part. The security may be sold by the California Department of Tax and Fee Administration at public sale if it becomes necessary in order to recover any amount due under this part. Notice of the sale may be served upon the person who deposited the security in the same manner as prescribed for service of notice by Section 43201 or 43201.01. Upon any such sale, the surplus, if any, above the amount due under this part shall be returned to the person who deposited the security. |
|---|
| 1722 | 1734 | | |
|---|
| 1723 | 1735 | | 43351. The taxpayer against whom a jeopardy determination is made may file a petition for the redetermination thereof, pursuant to Article 4 (commencing with Section 43301), with the California Department of Tax and Fee Administration within 10 days after the service upon the taxpayer of notice of the determination, but they shall, within the 10-day period, deposit with the California Department of Tax and Fee Administration such security as it deems necessary to insure compliance with the provisions of this part. The security may be sold by the California Department of Tax and Fee Administration at public sale if it becomes necessary in order to recover any amount due under this part. Notice of the sale may be served upon the person who deposited the security in the same manner as prescribed for service of notice by Section 43201 or 43201.01. Upon any such sale, the surplus, if any, above the amount due under this part shall be returned to the person who deposited the security. |
|---|
| 1724 | 1736 | | |
|---|
| 1725 | 1737 | | 43351. The taxpayer against whom a jeopardy determination is made may file a petition for the redetermination thereof, pursuant to Article 4 (commencing with Section 43301), with the California Department of Tax and Fee Administration within 10 days after the service upon the taxpayer of notice of the determination, but they shall, within the 10-day period, deposit with the California Department of Tax and Fee Administration such security as it deems necessary to insure compliance with the provisions of this part. The security may be sold by the California Department of Tax and Fee Administration at public sale if it becomes necessary in order to recover any amount due under this part. Notice of the sale may be served upon the person who deposited the security in the same manner as prescribed for service of notice by Section 43201 or 43201.01. Upon any such sale, the surplus, if any, above the amount due under this part shall be returned to the person who deposited the security. |
|---|
| 1726 | 1738 | | |
|---|
| 1727 | 1739 | | |
|---|
| 1728 | 1740 | | |
|---|
| 1729 | 1741 | | 43351. The taxpayer against whom a jeopardy determination is made may file a petition for the redetermination thereof, pursuant to Article 4 (commencing with Section 43301), with the California Department of Tax and Fee Administration within 10 days after the service upon the taxpayer of notice of the determination, but they shall, within the 10-day period, deposit with the California Department of Tax and Fee Administration such security as it deems necessary to insure compliance with the provisions of this part. The security may be sold by the California Department of Tax and Fee Administration at public sale if it becomes necessary in order to recover any amount due under this part. Notice of the sale may be served upon the person who deposited the security in the same manner as prescribed for service of notice by Section 43201 or 43201.01. Upon any such sale, the surplus, if any, above the amount due under this part shall be returned to the person who deposited the security. |
|---|
| 1730 | 1742 | | |
|---|
| 1731 | 1743 | | SEC. 86. Section 43484 of the Revenue and Taxation Code is amended to read:43484. (a) Notwithstanding any other provision of this part, if the California Department of Tax and Fee Administration finds that neither the person liable for payment of tax nor any party related to that person has in any way caused an erroneous refund for which an action for recovery is provided under Section 43481, no interest shall be imposed on the amount of that erroneous refund until 30 days after the date on which the California Department of Tax and Fee Administration serves a notice of determination for repayment of the erroneous refund to the person. The act of filing a claim for refund shall not be considered as causing the erroneous refund.(b) This section shall be operative for any action for recovery under Section 43481 on or after January 1, 2000. |
|---|
| 1732 | 1744 | | |
|---|
| 1733 | 1745 | | SEC. 86. Section 43484 of the Revenue and Taxation Code is amended to read: |
|---|
| 1734 | 1746 | | |
|---|
| 1735 | 1747 | | ### SEC. 86. |
|---|
| 1736 | 1748 | | |
|---|
| 1737 | 1749 | | 43484. (a) Notwithstanding any other provision of this part, if the California Department of Tax and Fee Administration finds that neither the person liable for payment of tax nor any party related to that person has in any way caused an erroneous refund for which an action for recovery is provided under Section 43481, no interest shall be imposed on the amount of that erroneous refund until 30 days after the date on which the California Department of Tax and Fee Administration serves a notice of determination for repayment of the erroneous refund to the person. The act of filing a claim for refund shall not be considered as causing the erroneous refund.(b) This section shall be operative for any action for recovery under Section 43481 on or after January 1, 2000. |
|---|
| 1738 | 1750 | | |
|---|
| 1739 | 1751 | | 43484. (a) Notwithstanding any other provision of this part, if the California Department of Tax and Fee Administration finds that neither the person liable for payment of tax nor any party related to that person has in any way caused an erroneous refund for which an action for recovery is provided under Section 43481, no interest shall be imposed on the amount of that erroneous refund until 30 days after the date on which the California Department of Tax and Fee Administration serves a notice of determination for repayment of the erroneous refund to the person. The act of filing a claim for refund shall not be considered as causing the erroneous refund.(b) This section shall be operative for any action for recovery under Section 43481 on or after January 1, 2000. |
|---|
| 1740 | 1752 | | |
|---|
| 1741 | 1753 | | 43484. (a) Notwithstanding any other provision of this part, if the California Department of Tax and Fee Administration finds that neither the person liable for payment of tax nor any party related to that person has in any way caused an erroneous refund for which an action for recovery is provided under Section 43481, no interest shall be imposed on the amount of that erroneous refund until 30 days after the date on which the California Department of Tax and Fee Administration serves a notice of determination for repayment of the erroneous refund to the person. The act of filing a claim for refund shall not be considered as causing the erroneous refund.(b) This section shall be operative for any action for recovery under Section 43481 on or after January 1, 2000. |
|---|
| 1742 | 1754 | | |
|---|
| 1743 | 1755 | | |
|---|
| 1744 | 1756 | | |
|---|
| 1745 | 1757 | | 43484. (a) Notwithstanding any other provision of this part, if the California Department of Tax and Fee Administration finds that neither the person liable for payment of tax nor any party related to that person has in any way caused an erroneous refund for which an action for recovery is provided under Section 43481, no interest shall be imposed on the amount of that erroneous refund until 30 days after the date on which the California Department of Tax and Fee Administration serves a notice of determination for repayment of the erroneous refund to the person. The act of filing a claim for refund shall not be considered as causing the erroneous refund. |
|---|
| 1746 | 1758 | | |
|---|
| 1747 | 1759 | | (b) This section shall be operative for any action for recovery under Section 43481 on or after January 1, 2000. |
|---|
| 1748 | 1760 | | |
|---|
| 1749 | 1761 | | SEC. 87. Section 43507.5 of the Revenue and Taxation Code is amended to read:43507.5. (a) The Legislature hereby finds and declares that changes made to the imposition and administration of the disposal fee, facility fee, generator fee, and transportable treatment unit fee set forth in Sections 28, 53, 54, and 64 of Chapter 73 of the Statutes of 2021 were not intended to repeal the authority of the Department of Toxic Substances Control and the California Department of Tax and Fee Administration to continue to administer and collect those fees. Therefore, the California Department of Tax and Fee Administration may continue billing and collecting fees due, making any refunds and effecting any credits, disposing of the money collected, and assessing any interest or penalties that have accrued, and may commence or continue to pursue any action or proceeding regarding the following fees:(1) The disposal fee imposed pursuant to Section 25174.1 of the Health and Safety Code, as that section read on December 31, 2022, for hazardous waste disposed of on or before June 30, 2022, that was due and payable on or before September 30, 2022.(2) The generator fee imposed pursuant to Section 25205.5 of the Health and Safety Code, as that section read on December 31, 2021, for hazardous waste generated on or before December 31, 2021, that was due and payable on or before February 28, 2022.(3) The transportable treatment unit fee imposed pursuant to Section 25205.14 of the Health and Safety Code, as that section read on December 31, 2022, for each facility or transportable treatment unit authorized on or before June 30, 2022, and that was due and payable on or before December 31, 2022.(b) A fee, including any applicable penalty or interest, collected pursuant to this section shall be administered pursuant to this part as it read at the time the fees described in subdivision (a) were originally imposed. |
|---|
| 1750 | 1762 | | |
|---|
| 1751 | 1763 | | SEC. 87. Section 43507.5 of the Revenue and Taxation Code is amended to read: |
|---|
| 1752 | 1764 | | |
|---|
| 1753 | 1765 | | ### SEC. 87. |
|---|
| 1754 | 1766 | | |
|---|
| 1755 | 1767 | | 43507.5. (a) The Legislature hereby finds and declares that changes made to the imposition and administration of the disposal fee, facility fee, generator fee, and transportable treatment unit fee set forth in Sections 28, 53, 54, and 64 of Chapter 73 of the Statutes of 2021 were not intended to repeal the authority of the Department of Toxic Substances Control and the California Department of Tax and Fee Administration to continue to administer and collect those fees. Therefore, the California Department of Tax and Fee Administration may continue billing and collecting fees due, making any refunds and effecting any credits, disposing of the money collected, and assessing any interest or penalties that have accrued, and may commence or continue to pursue any action or proceeding regarding the following fees:(1) The disposal fee imposed pursuant to Section 25174.1 of the Health and Safety Code, as that section read on December 31, 2022, for hazardous waste disposed of on or before June 30, 2022, that was due and payable on or before September 30, 2022.(2) The generator fee imposed pursuant to Section 25205.5 of the Health and Safety Code, as that section read on December 31, 2021, for hazardous waste generated on or before December 31, 2021, that was due and payable on or before February 28, 2022.(3) The transportable treatment unit fee imposed pursuant to Section 25205.14 of the Health and Safety Code, as that section read on December 31, 2022, for each facility or transportable treatment unit authorized on or before June 30, 2022, and that was due and payable on or before December 31, 2022.(b) A fee, including any applicable penalty or interest, collected pursuant to this section shall be administered pursuant to this part as it read at the time the fees described in subdivision (a) were originally imposed. |
|---|
| 1756 | 1768 | | |
|---|
| 1757 | 1769 | | 43507.5. (a) The Legislature hereby finds and declares that changes made to the imposition and administration of the disposal fee, facility fee, generator fee, and transportable treatment unit fee set forth in Sections 28, 53, 54, and 64 of Chapter 73 of the Statutes of 2021 were not intended to repeal the authority of the Department of Toxic Substances Control and the California Department of Tax and Fee Administration to continue to administer and collect those fees. Therefore, the California Department of Tax and Fee Administration may continue billing and collecting fees due, making any refunds and effecting any credits, disposing of the money collected, and assessing any interest or penalties that have accrued, and may commence or continue to pursue any action or proceeding regarding the following fees:(1) The disposal fee imposed pursuant to Section 25174.1 of the Health and Safety Code, as that section read on December 31, 2022, for hazardous waste disposed of on or before June 30, 2022, that was due and payable on or before September 30, 2022.(2) The generator fee imposed pursuant to Section 25205.5 of the Health and Safety Code, as that section read on December 31, 2021, for hazardous waste generated on or before December 31, 2021, that was due and payable on or before February 28, 2022.(3) The transportable treatment unit fee imposed pursuant to Section 25205.14 of the Health and Safety Code, as that section read on December 31, 2022, for each facility or transportable treatment unit authorized on or before June 30, 2022, and that was due and payable on or before December 31, 2022.(b) A fee, including any applicable penalty or interest, collected pursuant to this section shall be administered pursuant to this part as it read at the time the fees described in subdivision (a) were originally imposed. |
|---|
| 1758 | 1770 | | |
|---|
| 1759 | 1771 | | 43507.5. (a) The Legislature hereby finds and declares that changes made to the imposition and administration of the disposal fee, facility fee, generator fee, and transportable treatment unit fee set forth in Sections 28, 53, 54, and 64 of Chapter 73 of the Statutes of 2021 were not intended to repeal the authority of the Department of Toxic Substances Control and the California Department of Tax and Fee Administration to continue to administer and collect those fees. Therefore, the California Department of Tax and Fee Administration may continue billing and collecting fees due, making any refunds and effecting any credits, disposing of the money collected, and assessing any interest or penalties that have accrued, and may commence or continue to pursue any action or proceeding regarding the following fees:(1) The disposal fee imposed pursuant to Section 25174.1 of the Health and Safety Code, as that section read on December 31, 2022, for hazardous waste disposed of on or before June 30, 2022, that was due and payable on or before September 30, 2022.(2) The generator fee imposed pursuant to Section 25205.5 of the Health and Safety Code, as that section read on December 31, 2021, for hazardous waste generated on or before December 31, 2021, that was due and payable on or before February 28, 2022.(3) The transportable treatment unit fee imposed pursuant to Section 25205.14 of the Health and Safety Code, as that section read on December 31, 2022, for each facility or transportable treatment unit authorized on or before June 30, 2022, and that was due and payable on or before December 31, 2022.(b) A fee, including any applicable penalty or interest, collected pursuant to this section shall be administered pursuant to this part as it read at the time the fees described in subdivision (a) were originally imposed. |
|---|
| 1760 | 1772 | | |
|---|
| 1761 | 1773 | | |
|---|
| 1762 | 1774 | | |
|---|
| 1763 | 1775 | | 43507.5. (a) The Legislature hereby finds and declares that changes made to the imposition and administration of the disposal fee, facility fee, generator fee, and transportable treatment unit fee set forth in Sections 28, 53, 54, and 64 of Chapter 73 of the Statutes of 2021 were not intended to repeal the authority of the Department of Toxic Substances Control and the California Department of Tax and Fee Administration to continue to administer and collect those fees. Therefore, the California Department of Tax and Fee Administration may continue billing and collecting fees due, making any refunds and effecting any credits, disposing of the money collected, and assessing any interest or penalties that have accrued, and may commence or continue to pursue any action or proceeding regarding the following fees: |
|---|
| 1764 | 1776 | | |
|---|
| 1765 | 1777 | | (1) The disposal fee imposed pursuant to Section 25174.1 of the Health and Safety Code, as that section read on December 31, 2022, for hazardous waste disposed of on or before June 30, 2022, that was due and payable on or before September 30, 2022. |
|---|
| 1766 | 1778 | | |
|---|
| 1767 | 1779 | | (2) The generator fee imposed pursuant to Section 25205.5 of the Health and Safety Code, as that section read on December 31, 2021, for hazardous waste generated on or before December 31, 2021, that was due and payable on or before February 28, 2022. |
|---|
| 1768 | 1780 | | |
|---|
| 1769 | 1781 | | (3) The transportable treatment unit fee imposed pursuant to Section 25205.14 of the Health and Safety Code, as that section read on December 31, 2022, for each facility or transportable treatment unit authorized on or before June 30, 2022, and that was due and payable on or before December 31, 2022. |
|---|
| 1770 | 1782 | | |
|---|
| 1771 | 1783 | | (b) A fee, including any applicable penalty or interest, collected pursuant to this section shall be administered pursuant to this part as it read at the time the fees described in subdivision (a) were originally imposed. |
|---|
| 1772 | 1784 | | |
|---|
| 1773 | 1785 | | SEC. 88. Section 45007 of the Revenue and Taxation Code is amended to read:45007. Board or department means the California Department of Tax and Fee Administration. |
|---|
| 1774 | 1786 | | |
|---|
| 1775 | 1787 | | SEC. 88. Section 45007 of the Revenue and Taxation Code is amended to read: |
|---|
| 1776 | 1788 | | |
|---|
| 1777 | 1789 | | ### SEC. 88. |
|---|
| 1778 | 1790 | | |
|---|
| 1779 | 1791 | | 45007. Board or department means the California Department of Tax and Fee Administration. |
|---|
| 1780 | 1792 | | |
|---|
| 1781 | 1793 | | 45007. Board or department means the California Department of Tax and Fee Administration. |
|---|
| 1782 | 1794 | | |
|---|
| 1783 | 1795 | | 45007. Board or department means the California Department of Tax and Fee Administration. |
|---|
| 1784 | 1796 | | |
|---|
| 1785 | 1797 | | |
|---|
| 1786 | 1798 | | |
|---|
| 1787 | 1799 | | 45007. Board or department means the California Department of Tax and Fee Administration. |
|---|
| 1788 | 1800 | | |
|---|
| 1789 | 1801 | | SEC. 89. Section 45201 of the Revenue and Taxation Code is amended to read:45201. (a) If the department is dissatisfied with the report or return filed or the amount of fee paid to the state by any fee payer, or if no report or return has been filed or no payment or payments of the fees have been made to the state by a fee payer, the department may compute and determine the amount to be paid, based upon any information available to it. One or more additional determinations may be made of the amount of fee due for one, or for more than one, period. The amount of fee so determined shall bear interest at the modified adjusted rate per month, or fraction thereof, established pursuant to Section 6591.5, from the date the amount of the fee, or any portion thereof, became due and payable until the date of payment. In making a determination, the department may offset overpayments for a period or periods against underpayments for another period or periods and against the interest and penalties on the underpayments.(b) If any part of the deficiency for which a determination of an additional amount due is made is found to have been occasioned by negligence or intentional disregard of this part or regulations adopted by the department pursuant to this part, a penalty of 10 percent of the amount of that determination shall be added, plus interest as provided in subdivision (a).(c) If any part of the deficiency for which a determination of an additional amount due is made is found to be occasioned by fraud or an intent to evade this part or authorized regulations, a penalty of 25 percent of the amount of the determination shall be added, plus interest as provided in subdivision (a).(d) The department shall give to the fee payer written notice of its determination. The notice shall be served in one of the following manners:(1) By placing the notice in a sealed envelope, with postage paid, addressed to the fee payer at their address as it appears in the records of the department. Service made pursuant to this paragraph shall be deemed complete at the time of the deposit of the notice in a United States Post Office, or a mailbox, sub-post office, substation, mail chute, or other facility regularly maintained or provided by the United States Postal Service, without extension of time for any reason.(2) By personally delivering the notice to the person to be served. Service made pursuant to this paragraph shall be deemed complete at the time of delivery. Personal service to a corporation may be made by delivery of a notice to any person designated in the Code of Civil Procedure to be served for the corporation with summons and complaint in a civil action.(3) (A) By delivering the notice electronically via secure transmission when either of the following applies:(i) The feepayer requests the notice of determination to be sent electronically via secure transmission.(ii) The department has evidence that the feepayer no longer receives mail at the address of record and has previously provided an address for electronic mail.(B) Service provided pursuant to subparagraph (A) shall be deemed complete at the time the department electronically transmits the notice via the feepayers secure web portal, without extension of time for any reason. |
|---|
| 1790 | 1802 | | |
|---|
| 1791 | 1803 | | SEC. 89. Section 45201 of the Revenue and Taxation Code is amended to read: |
|---|
| 1792 | 1804 | | |
|---|
| 1793 | 1805 | | ### SEC. 89. |
|---|
| 1794 | 1806 | | |
|---|
| 1795 | 1807 | | 45201. (a) If the department is dissatisfied with the report or return filed or the amount of fee paid to the state by any fee payer, or if no report or return has been filed or no payment or payments of the fees have been made to the state by a fee payer, the department may compute and determine the amount to be paid, based upon any information available to it. One or more additional determinations may be made of the amount of fee due for one, or for more than one, period. The amount of fee so determined shall bear interest at the modified adjusted rate per month, or fraction thereof, established pursuant to Section 6591.5, from the date the amount of the fee, or any portion thereof, became due and payable until the date of payment. In making a determination, the department may offset overpayments for a period or periods against underpayments for another period or periods and against the interest and penalties on the underpayments.(b) If any part of the deficiency for which a determination of an additional amount due is made is found to have been occasioned by negligence or intentional disregard of this part or regulations adopted by the department pursuant to this part, a penalty of 10 percent of the amount of that determination shall be added, plus interest as provided in subdivision (a).(c) If any part of the deficiency for which a determination of an additional amount due is made is found to be occasioned by fraud or an intent to evade this part or authorized regulations, a penalty of 25 percent of the amount of the determination shall be added, plus interest as provided in subdivision (a).(d) The department shall give to the fee payer written notice of its determination. The notice shall be served in one of the following manners:(1) By placing the notice in a sealed envelope, with postage paid, addressed to the fee payer at their address as it appears in the records of the department. Service made pursuant to this paragraph shall be deemed complete at the time of the deposit of the notice in a United States Post Office, or a mailbox, sub-post office, substation, mail chute, or other facility regularly maintained or provided by the United States Postal Service, without extension of time for any reason.(2) By personally delivering the notice to the person to be served. Service made pursuant to this paragraph shall be deemed complete at the time of delivery. Personal service to a corporation may be made by delivery of a notice to any person designated in the Code of Civil Procedure to be served for the corporation with summons and complaint in a civil action.(3) (A) By delivering the notice electronically via secure transmission when either of the following applies:(i) The feepayer requests the notice of determination to be sent electronically via secure transmission.(ii) The department has evidence that the feepayer no longer receives mail at the address of record and has previously provided an address for electronic mail.(B) Service provided pursuant to subparagraph (A) shall be deemed complete at the time the department electronically transmits the notice via the feepayers secure web portal, without extension of time for any reason. |
|---|
| 1796 | 1808 | | |
|---|
| 1797 | 1809 | | 45201. (a) If the department is dissatisfied with the report or return filed or the amount of fee paid to the state by any fee payer, or if no report or return has been filed or no payment or payments of the fees have been made to the state by a fee payer, the department may compute and determine the amount to be paid, based upon any information available to it. One or more additional determinations may be made of the amount of fee due for one, or for more than one, period. The amount of fee so determined shall bear interest at the modified adjusted rate per month, or fraction thereof, established pursuant to Section 6591.5, from the date the amount of the fee, or any portion thereof, became due and payable until the date of payment. In making a determination, the department may offset overpayments for a period or periods against underpayments for another period or periods and against the interest and penalties on the underpayments.(b) If any part of the deficiency for which a determination of an additional amount due is made is found to have been occasioned by negligence or intentional disregard of this part or regulations adopted by the department pursuant to this part, a penalty of 10 percent of the amount of that determination shall be added, plus interest as provided in subdivision (a).(c) If any part of the deficiency for which a determination of an additional amount due is made is found to be occasioned by fraud or an intent to evade this part or authorized regulations, a penalty of 25 percent of the amount of the determination shall be added, plus interest as provided in subdivision (a).(d) The department shall give to the fee payer written notice of its determination. The notice shall be served in one of the following manners:(1) By placing the notice in a sealed envelope, with postage paid, addressed to the fee payer at their address as it appears in the records of the department. Service made pursuant to this paragraph shall be deemed complete at the time of the deposit of the notice in a United States Post Office, or a mailbox, sub-post office, substation, mail chute, or other facility regularly maintained or provided by the United States Postal Service, without extension of time for any reason.(2) By personally delivering the notice to the person to be served. Service made pursuant to this paragraph shall be deemed complete at the time of delivery. Personal service to a corporation may be made by delivery of a notice to any person designated in the Code of Civil Procedure to be served for the corporation with summons and complaint in a civil action.(3) (A) By delivering the notice electronically via secure transmission when either of the following applies:(i) The feepayer requests the notice of determination to be sent electronically via secure transmission.(ii) The department has evidence that the feepayer no longer receives mail at the address of record and has previously provided an address for electronic mail.(B) Service provided pursuant to subparagraph (A) shall be deemed complete at the time the department electronically transmits the notice via the feepayers secure web portal, without extension of time for any reason. |
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| 1798 | 1810 | | |
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| 1799 | 1811 | | 45201. (a) If the department is dissatisfied with the report or return filed or the amount of fee paid to the state by any fee payer, or if no report or return has been filed or no payment or payments of the fees have been made to the state by a fee payer, the department may compute and determine the amount to be paid, based upon any information available to it. One or more additional determinations may be made of the amount of fee due for one, or for more than one, period. The amount of fee so determined shall bear interest at the modified adjusted rate per month, or fraction thereof, established pursuant to Section 6591.5, from the date the amount of the fee, or any portion thereof, became due and payable until the date of payment. In making a determination, the department may offset overpayments for a period or periods against underpayments for another period or periods and against the interest and penalties on the underpayments.(b) If any part of the deficiency for which a determination of an additional amount due is made is found to have been occasioned by negligence or intentional disregard of this part or regulations adopted by the department pursuant to this part, a penalty of 10 percent of the amount of that determination shall be added, plus interest as provided in subdivision (a).(c) If any part of the deficiency for which a determination of an additional amount due is made is found to be occasioned by fraud or an intent to evade this part or authorized regulations, a penalty of 25 percent of the amount of the determination shall be added, plus interest as provided in subdivision (a).(d) The department shall give to the fee payer written notice of its determination. The notice shall be served in one of the following manners:(1) By placing the notice in a sealed envelope, with postage paid, addressed to the fee payer at their address as it appears in the records of the department. Service made pursuant to this paragraph shall be deemed complete at the time of the deposit of the notice in a United States Post Office, or a mailbox, sub-post office, substation, mail chute, or other facility regularly maintained or provided by the United States Postal Service, without extension of time for any reason.(2) By personally delivering the notice to the person to be served. Service made pursuant to this paragraph shall be deemed complete at the time of delivery. Personal service to a corporation may be made by delivery of a notice to any person designated in the Code of Civil Procedure to be served for the corporation with summons and complaint in a civil action.(3) (A) By delivering the notice electronically via secure transmission when either of the following applies:(i) The feepayer requests the notice of determination to be sent electronically via secure transmission.(ii) The department has evidence that the feepayer no longer receives mail at the address of record and has previously provided an address for electronic mail.(B) Service provided pursuant to subparagraph (A) shall be deemed complete at the time the department electronically transmits the notice via the feepayers secure web portal, without extension of time for any reason. |
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| 1800 | 1812 | | |
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| 1801 | 1813 | | |
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| 1802 | 1814 | | |
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| 1803 | 1815 | | 45201. (a) If the department is dissatisfied with the report or return filed or the amount of fee paid to the state by any fee payer, or if no report or return has been filed or no payment or payments of the fees have been made to the state by a fee payer, the department may compute and determine the amount to be paid, based upon any information available to it. One or more additional determinations may be made of the amount of fee due for one, or for more than one, period. The amount of fee so determined shall bear interest at the modified adjusted rate per month, or fraction thereof, established pursuant to Section 6591.5, from the date the amount of the fee, or any portion thereof, became due and payable until the date of payment. In making a determination, the department may offset overpayments for a period or periods against underpayments for another period or periods and against the interest and penalties on the underpayments. |
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| 1804 | 1816 | | |
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| 1805 | 1817 | | (b) If any part of the deficiency for which a determination of an additional amount due is made is found to have been occasioned by negligence or intentional disregard of this part or regulations adopted by the department pursuant to this part, a penalty of 10 percent of the amount of that determination shall be added, plus interest as provided in subdivision (a). |
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| 1806 | 1818 | | |
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| 1807 | 1819 | | (c) If any part of the deficiency for which a determination of an additional amount due is made is found to be occasioned by fraud or an intent to evade this part or authorized regulations, a penalty of 25 percent of the amount of the determination shall be added, plus interest as provided in subdivision (a). |
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| 1808 | 1820 | | |
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| 1809 | 1821 | | (d) The department shall give to the fee payer written notice of its determination. The notice shall be served in one of the following manners: |
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| 1810 | 1822 | | |
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| 1811 | 1823 | | (1) By placing the notice in a sealed envelope, with postage paid, addressed to the fee payer at their address as it appears in the records of the department. Service made pursuant to this paragraph shall be deemed complete at the time of the deposit of the notice in a United States Post Office, or a mailbox, sub-post office, substation, mail chute, or other facility regularly maintained or provided by the United States Postal Service, without extension of time for any reason. |
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| 1812 | 1824 | | |
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| 1813 | 1825 | | (2) By personally delivering the notice to the person to be served. Service made pursuant to this paragraph shall be deemed complete at the time of delivery. Personal service to a corporation may be made by delivery of a notice to any person designated in the Code of Civil Procedure to be served for the corporation with summons and complaint in a civil action. |
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| 1814 | 1826 | | |
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| 1815 | 1827 | | (3) (A) By delivering the notice electronically via secure transmission when either of the following applies: |
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| 1816 | 1828 | | |
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| 1817 | 1829 | | (i) The feepayer requests the notice of determination to be sent electronically via secure transmission. |
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| 1818 | 1830 | | |
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| 1819 | 1831 | | (ii) The department has evidence that the feepayer no longer receives mail at the address of record and has previously provided an address for electronic mail. |
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| 1820 | 1832 | | |
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| 1821 | 1833 | | (B) Service provided pursuant to subparagraph (A) shall be deemed complete at the time the department electronically transmits the notice via the feepayers secure web portal, without extension of time for any reason. |
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| 1822 | 1834 | | |
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| 1823 | 1835 | | SEC. 90. Section 45202 of the Revenue and Taxation Code is amended to read:45202. Except in the case of fraud, intent to evade this part or rules and regulations adopted under this part, or failure to make a report or return, every notice of a determination of an additional amount due shall be served within three years after the date when the amount was required to have been paid or the report or return was due, or within three years after the report or return was filed, whichever period expires later. In the case of failure to make a report or return, the notice of determination shall be served within eight years after the date the report or return was due. |
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| 1824 | 1836 | | |
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| 1825 | 1837 | | SEC. 90. Section 45202 of the Revenue and Taxation Code is amended to read: |
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| 1826 | 1838 | | |
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| 1827 | 1839 | | ### SEC. 90. |
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| 1828 | 1840 | | |
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| 1829 | 1841 | | 45202. Except in the case of fraud, intent to evade this part or rules and regulations adopted under this part, or failure to make a report or return, every notice of a determination of an additional amount due shall be served within three years after the date when the amount was required to have been paid or the report or return was due, or within three years after the report or return was filed, whichever period expires later. In the case of failure to make a report or return, the notice of determination shall be served within eight years after the date the report or return was due. |
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| 1830 | 1842 | | |
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| 1831 | 1843 | | 45202. Except in the case of fraud, intent to evade this part or rules and regulations adopted under this part, or failure to make a report or return, every notice of a determination of an additional amount due shall be served within three years after the date when the amount was required to have been paid or the report or return was due, or within three years after the report or return was filed, whichever period expires later. In the case of failure to make a report or return, the notice of determination shall be served within eight years after the date the report or return was due. |
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| 1832 | 1844 | | |
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| 1833 | 1845 | | 45202. Except in the case of fraud, intent to evade this part or rules and regulations adopted under this part, or failure to make a report or return, every notice of a determination of an additional amount due shall be served within three years after the date when the amount was required to have been paid or the report or return was due, or within three years after the report or return was filed, whichever period expires later. In the case of failure to make a report or return, the notice of determination shall be served within eight years after the date the report or return was due. |
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| 1834 | 1846 | | |
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| 1835 | 1847 | | |
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| 1836 | 1848 | | |
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| 1837 | 1849 | | 45202. Except in the case of fraud, intent to evade this part or rules and regulations adopted under this part, or failure to make a report or return, every notice of a determination of an additional amount due shall be served within three years after the date when the amount was required to have been paid or the report or return was due, or within three years after the report or return was filed, whichever period expires later. In the case of failure to make a report or return, the notice of determination shall be served within eight years after the date the report or return was due. |
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| 1838 | 1850 | | |
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| 1839 | 1851 | | SEC. 91. Section 45203 of the Revenue and Taxation Code is amended to read:45203. If, before the expiration of the time prescribed in Section 45202 for serving a notice of deficiency determination, the fee payer has consented in writing to the service of the notice after that time, the notice may be served at any time prior to the expiration of the period agreed upon. The period agreed upon may be extended by subsequent agreements in writing made before the expiration of the period previously agreed upon. |
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| 1840 | 1852 | | |
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| 1841 | 1853 | | SEC. 91. Section 45203 of the Revenue and Taxation Code is amended to read: |
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| 1842 | 1854 | | |
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| 1843 | 1855 | | ### SEC. 91. |
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| 1844 | 1856 | | |
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| 1845 | 1857 | | 45203. If, before the expiration of the time prescribed in Section 45202 for serving a notice of deficiency determination, the fee payer has consented in writing to the service of the notice after that time, the notice may be served at any time prior to the expiration of the period agreed upon. The period agreed upon may be extended by subsequent agreements in writing made before the expiration of the period previously agreed upon. |
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| 1846 | 1858 | | |
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| 1847 | 1859 | | 45203. If, before the expiration of the time prescribed in Section 45202 for serving a notice of deficiency determination, the fee payer has consented in writing to the service of the notice after that time, the notice may be served at any time prior to the expiration of the period agreed upon. The period agreed upon may be extended by subsequent agreements in writing made before the expiration of the period previously agreed upon. |
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| 1848 | 1860 | | |
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| 1849 | 1861 | | 45203. If, before the expiration of the time prescribed in Section 45202 for serving a notice of deficiency determination, the fee payer has consented in writing to the service of the notice after that time, the notice may be served at any time prior to the expiration of the period agreed upon. The period agreed upon may be extended by subsequent agreements in writing made before the expiration of the period previously agreed upon. |
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| 1850 | 1862 | | |
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| 1851 | 1863 | | |
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| 1852 | 1864 | | |
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| 1853 | 1865 | | 45203. If, before the expiration of the time prescribed in Section 45202 for serving a notice of deficiency determination, the fee payer has consented in writing to the service of the notice after that time, the notice may be served at any time prior to the expiration of the period agreed upon. The period agreed upon may be extended by subsequent agreements in writing made before the expiration of the period previously agreed upon. |
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| 1854 | 1866 | | |
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| 1855 | 1867 | | SEC. 92. Section 45307 of the Revenue and Taxation Code is amended to read:45307. Any notice required by this article shall be served in the same manner as prescribed for service of notice by Section 43201. |
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| 1856 | 1868 | | |
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| 1857 | 1869 | | SEC. 92. Section 45307 of the Revenue and Taxation Code is amended to read: |
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| 1858 | 1870 | | |
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| 1859 | 1871 | | ### SEC. 92. |
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| 1860 | 1872 | | |
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| 1861 | 1873 | | 45307. Any notice required by this article shall be served in the same manner as prescribed for service of notice by Section 43201. |
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| 1862 | 1874 | | |
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| 1863 | 1875 | | 45307. Any notice required by this article shall be served in the same manner as prescribed for service of notice by Section 43201. |
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| 1864 | 1876 | | |
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| 1865 | 1877 | | 45307. Any notice required by this article shall be served in the same manner as prescribed for service of notice by Section 43201. |
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| 1866 | 1878 | | |
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| 1867 | 1879 | | |
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| 1868 | 1880 | | |
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| 1869 | 1881 | | 45307. Any notice required by this article shall be served in the same manner as prescribed for service of notice by Section 43201. |
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| 1870 | 1882 | | |
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| 1871 | 1883 | | SEC. 93. Section 45352 of the Revenue and Taxation Code is amended to read:45352. The fee payer against whom a jeopardy determination is made may file a petition for the redetermination thereof, pursuant to Article 3 (commencing with Section 45301), with the California Department of Tax and Fee Administration within 10 days after the service upon the fee payer of notice of the determination, and they shall, within the 10-day period, deposit with the California Department of Tax and Fee Administration that security which the California Department of Tax and Fee Administration deems necessary to insure compliance with this part. The security may be sold by the California Department of Tax and Fee Administration at public sale if it becomes necessary in order to recover any amount due under this part. Notice of the sale may be served upon the person who deposited the security in the same manner as prescribed for service of notice by Section 45201. After that sale, the surplus, if any, above the amount due under this part shall be returned to the person who deposited the security. |
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| 1872 | 1884 | | |
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| 1873 | 1885 | | SEC. 93. Section 45352 of the Revenue and Taxation Code is amended to read: |
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| 1874 | 1886 | | |
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| 1875 | 1887 | | ### SEC. 93. |
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| 1876 | 1888 | | |
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| 1877 | 1889 | | 45352. The fee payer against whom a jeopardy determination is made may file a petition for the redetermination thereof, pursuant to Article 3 (commencing with Section 45301), with the California Department of Tax and Fee Administration within 10 days after the service upon the fee payer of notice of the determination, and they shall, within the 10-day period, deposit with the California Department of Tax and Fee Administration that security which the California Department of Tax and Fee Administration deems necessary to insure compliance with this part. The security may be sold by the California Department of Tax and Fee Administration at public sale if it becomes necessary in order to recover any amount due under this part. Notice of the sale may be served upon the person who deposited the security in the same manner as prescribed for service of notice by Section 45201. After that sale, the surplus, if any, above the amount due under this part shall be returned to the person who deposited the security. |
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| 1878 | 1890 | | |
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| 1879 | 1891 | | 45352. The fee payer against whom a jeopardy determination is made may file a petition for the redetermination thereof, pursuant to Article 3 (commencing with Section 45301), with the California Department of Tax and Fee Administration within 10 days after the service upon the fee payer of notice of the determination, and they shall, within the 10-day period, deposit with the California Department of Tax and Fee Administration that security which the California Department of Tax and Fee Administration deems necessary to insure compliance with this part. The security may be sold by the California Department of Tax and Fee Administration at public sale if it becomes necessary in order to recover any amount due under this part. Notice of the sale may be served upon the person who deposited the security in the same manner as prescribed for service of notice by Section 45201. After that sale, the surplus, if any, above the amount due under this part shall be returned to the person who deposited the security. |
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| 1880 | 1892 | | |
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| 1881 | 1893 | | 45352. The fee payer against whom a jeopardy determination is made may file a petition for the redetermination thereof, pursuant to Article 3 (commencing with Section 45301), with the California Department of Tax and Fee Administration within 10 days after the service upon the fee payer of notice of the determination, and they shall, within the 10-day period, deposit with the California Department of Tax and Fee Administration that security which the California Department of Tax and Fee Administration deems necessary to insure compliance with this part. The security may be sold by the California Department of Tax and Fee Administration at public sale if it becomes necessary in order to recover any amount due under this part. Notice of the sale may be served upon the person who deposited the security in the same manner as prescribed for service of notice by Section 45201. After that sale, the surplus, if any, above the amount due under this part shall be returned to the person who deposited the security. |
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| 1882 | 1894 | | |
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| 1883 | 1895 | | |
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| 1884 | 1896 | | |
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| 1885 | 1897 | | 45352. The fee payer against whom a jeopardy determination is made may file a petition for the redetermination thereof, pursuant to Article 3 (commencing with Section 45301), with the California Department of Tax and Fee Administration within 10 days after the service upon the fee payer of notice of the determination, and they shall, within the 10-day period, deposit with the California Department of Tax and Fee Administration that security which the California Department of Tax and Fee Administration deems necessary to insure compliance with this part. The security may be sold by the California Department of Tax and Fee Administration at public sale if it becomes necessary in order to recover any amount due under this part. Notice of the sale may be served upon the person who deposited the security in the same manner as prescribed for service of notice by Section 45201. After that sale, the surplus, if any, above the amount due under this part shall be returned to the person who deposited the security. |
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| 1886 | 1898 | | |
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| 1887 | 1899 | | SEC. 94. Section 45752 of the Revenue and Taxation Code is amended to read:45752. (a) Notwithstanding any other provision of this part, if the department finds that neither the person liable for payment of fee nor any party related to that person has in any way caused an erroneous refund for which an action for recovery is provided under Section 45751, no interest shall be imposed on the amount of that erroneous refund until 30 days after the date on which the department serves a notice of determination for repayment of the erroneous refund to the person. The act of filing a claim for refund shall not be considered as causing the erroneous refund.(b) This section shall be operative for any action for recovery under Section 45751 on or after January 1, 2000. |
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| 1888 | 1900 | | |
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| 1889 | 1901 | | SEC. 94. Section 45752 of the Revenue and Taxation Code is amended to read: |
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| 1890 | 1902 | | |
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| 1891 | 1903 | | ### SEC. 94. |
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| 1892 | 1904 | | |
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| 1893 | 1905 | | 45752. (a) Notwithstanding any other provision of this part, if the department finds that neither the person liable for payment of fee nor any party related to that person has in any way caused an erroneous refund for which an action for recovery is provided under Section 45751, no interest shall be imposed on the amount of that erroneous refund until 30 days after the date on which the department serves a notice of determination for repayment of the erroneous refund to the person. The act of filing a claim for refund shall not be considered as causing the erroneous refund.(b) This section shall be operative for any action for recovery under Section 45751 on or after January 1, 2000. |
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| 1894 | 1906 | | |
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| 1895 | 1907 | | 45752. (a) Notwithstanding any other provision of this part, if the department finds that neither the person liable for payment of fee nor any party related to that person has in any way caused an erroneous refund for which an action for recovery is provided under Section 45751, no interest shall be imposed on the amount of that erroneous refund until 30 days after the date on which the department serves a notice of determination for repayment of the erroneous refund to the person. The act of filing a claim for refund shall not be considered as causing the erroneous refund.(b) This section shall be operative for any action for recovery under Section 45751 on or after January 1, 2000. |
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| 1896 | 1908 | | |
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| 1897 | 1909 | | 45752. (a) Notwithstanding any other provision of this part, if the department finds that neither the person liable for payment of fee nor any party related to that person has in any way caused an erroneous refund for which an action for recovery is provided under Section 45751, no interest shall be imposed on the amount of that erroneous refund until 30 days after the date on which the department serves a notice of determination for repayment of the erroneous refund to the person. The act of filing a claim for refund shall not be considered as causing the erroneous refund.(b) This section shall be operative for any action for recovery under Section 45751 on or after January 1, 2000. |
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| 1898 | 1910 | | |
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| 1899 | 1911 | | |
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| 1900 | 1912 | | |
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| 1901 | 1913 | | 45752. (a) Notwithstanding any other provision of this part, if the department finds that neither the person liable for payment of fee nor any party related to that person has in any way caused an erroneous refund for which an action for recovery is provided under Section 45751, no interest shall be imposed on the amount of that erroneous refund until 30 days after the date on which the department serves a notice of determination for repayment of the erroneous refund to the person. The act of filing a claim for refund shall not be considered as causing the erroneous refund. |
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| 1902 | 1914 | | |
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| 1903 | 1915 | | (b) This section shall be operative for any action for recovery under Section 45751 on or after January 1, 2000. |
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| 1904 | 1916 | | |
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| 1905 | 1917 | | SEC. 95. Section 46009 of the Revenue and Taxation Code is amended to read:46009. Board or department means the California Department of Tax and Fee Administration. |
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| 1906 | 1918 | | |
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| 1907 | 1919 | | SEC. 95. Section 46009 of the Revenue and Taxation Code is amended to read: |
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| 1908 | 1920 | | |
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| 1909 | 1921 | | ### SEC. 95. |
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| 1910 | 1922 | | |
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| 1911 | 1923 | | 46009. Board or department means the California Department of Tax and Fee Administration. |
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| 1912 | 1924 | | |
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| 1913 | 1925 | | 46009. Board or department means the California Department of Tax and Fee Administration. |
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| 1914 | 1926 | | |
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| 1915 | 1927 | | 46009. Board or department means the California Department of Tax and Fee Administration. |
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| 1916 | 1928 | | |
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| 1917 | 1929 | | |
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| 1918 | 1930 | | |
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| 1919 | 1931 | | 46009. Board or department means the California Department of Tax and Fee Administration. |
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| 1920 | 1932 | | |
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| 1921 | 1933 | | SEC. 96. Section 46202 of the Revenue and Taxation Code is amended to read:46202. The department shall give to the feepayer written notice of its determination. The notice shall be served in one of the following manners:(a) By placing the notice in a sealed envelope, with postage paid, addressed to the feepayer at their address as it appears in the records of the department. Service made pursuant to this subdivision shall be deemed complete at the time of the deposit of the notice in a United States Post Office, or a mailbox, sub-post office, substation, or mail chute, or other facility regularly maintained or provided by the United States Postal Service without extension of time for any reason.(b) By personally delivering the notice to the person to be served. Service made pursuant to this subdivision shall be deemed complete at the time of delivery. Personal service to a corporation may be made by delivery of a notice to any person designated in the Code of Civil Procedure to be served for the corporation with summons and complaint in a civil action.(c) (1) By delivering the notice electronically via secure transmission when either of the following applies:(A) The feepayer requests the notice of determination to be sent electronically via secure transmission.(B) The department has evidence that the feepayer no longer receives mail at the address of record and has previously provided an address for electronic mail.(2) Service provided pursuant to paragraph (1) shall be deemed complete at the time the department electronically transmits the notice via the feepayers secure web portal, without extension of time for any reason. |
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| 1922 | 1934 | | |
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| 1923 | 1935 | | SEC. 96. Section 46202 of the Revenue and Taxation Code is amended to read: |
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| 1924 | 1936 | | |
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| 1925 | 1937 | | ### SEC. 96. |
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| 1926 | 1938 | | |
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| 1927 | 1939 | | 46202. The department shall give to the feepayer written notice of its determination. The notice shall be served in one of the following manners:(a) By placing the notice in a sealed envelope, with postage paid, addressed to the feepayer at their address as it appears in the records of the department. Service made pursuant to this subdivision shall be deemed complete at the time of the deposit of the notice in a United States Post Office, or a mailbox, sub-post office, substation, or mail chute, or other facility regularly maintained or provided by the United States Postal Service without extension of time for any reason.(b) By personally delivering the notice to the person to be served. Service made pursuant to this subdivision shall be deemed complete at the time of delivery. Personal service to a corporation may be made by delivery of a notice to any person designated in the Code of Civil Procedure to be served for the corporation with summons and complaint in a civil action.(c) (1) By delivering the notice electronically via secure transmission when either of the following applies:(A) The feepayer requests the notice of determination to be sent electronically via secure transmission.(B) The department has evidence that the feepayer no longer receives mail at the address of record and has previously provided an address for electronic mail.(2) Service provided pursuant to paragraph (1) shall be deemed complete at the time the department electronically transmits the notice via the feepayers secure web portal, without extension of time for any reason. |
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| 1928 | 1940 | | |
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| 1929 | 1941 | | 46202. The department shall give to the feepayer written notice of its determination. The notice shall be served in one of the following manners:(a) By placing the notice in a sealed envelope, with postage paid, addressed to the feepayer at their address as it appears in the records of the department. Service made pursuant to this subdivision shall be deemed complete at the time of the deposit of the notice in a United States Post Office, or a mailbox, sub-post office, substation, or mail chute, or other facility regularly maintained or provided by the United States Postal Service without extension of time for any reason.(b) By personally delivering the notice to the person to be served. Service made pursuant to this subdivision shall be deemed complete at the time of delivery. Personal service to a corporation may be made by delivery of a notice to any person designated in the Code of Civil Procedure to be served for the corporation with summons and complaint in a civil action.(c) (1) By delivering the notice electronically via secure transmission when either of the following applies:(A) The feepayer requests the notice of determination to be sent electronically via secure transmission.(B) The department has evidence that the feepayer no longer receives mail at the address of record and has previously provided an address for electronic mail.(2) Service provided pursuant to paragraph (1) shall be deemed complete at the time the department electronically transmits the notice via the feepayers secure web portal, without extension of time for any reason. |
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| 1930 | 1942 | | |
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| 1931 | 1943 | | 46202. The department shall give to the feepayer written notice of its determination. The notice shall be served in one of the following manners:(a) By placing the notice in a sealed envelope, with postage paid, addressed to the feepayer at their address as it appears in the records of the department. Service made pursuant to this subdivision shall be deemed complete at the time of the deposit of the notice in a United States Post Office, or a mailbox, sub-post office, substation, or mail chute, or other facility regularly maintained or provided by the United States Postal Service without extension of time for any reason.(b) By personally delivering the notice to the person to be served. Service made pursuant to this subdivision shall be deemed complete at the time of delivery. Personal service to a corporation may be made by delivery of a notice to any person designated in the Code of Civil Procedure to be served for the corporation with summons and complaint in a civil action.(c) (1) By delivering the notice electronically via secure transmission when either of the following applies:(A) The feepayer requests the notice of determination to be sent electronically via secure transmission.(B) The department has evidence that the feepayer no longer receives mail at the address of record and has previously provided an address for electronic mail.(2) Service provided pursuant to paragraph (1) shall be deemed complete at the time the department electronically transmits the notice via the feepayers secure web portal, without extension of time for any reason. |
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| 1932 | 1944 | | |
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| 1933 | 1945 | | |
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| 1934 | 1946 | | |
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| 1935 | 1947 | | 46202. The department shall give to the feepayer written notice of its determination. The notice shall be served in one of the following manners: |
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| 1936 | 1948 | | |
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| 1937 | 1949 | | (a) By placing the notice in a sealed envelope, with postage paid, addressed to the feepayer at their address as it appears in the records of the department. Service made pursuant to this subdivision shall be deemed complete at the time of the deposit of the notice in a United States Post Office, or a mailbox, sub-post office, substation, or mail chute, or other facility regularly maintained or provided by the United States Postal Service without extension of time for any reason. |
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| 1938 | 1950 | | |
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| 1939 | 1951 | | (b) By personally delivering the notice to the person to be served. Service made pursuant to this subdivision shall be deemed complete at the time of delivery. Personal service to a corporation may be made by delivery of a notice to any person designated in the Code of Civil Procedure to be served for the corporation with summons and complaint in a civil action. |
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| 1940 | 1952 | | |
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| 1941 | 1953 | | (c) (1) By delivering the notice electronically via secure transmission when either of the following applies: |
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| 1942 | 1954 | | |
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| 1943 | 1955 | | (A) The feepayer requests the notice of determination to be sent electronically via secure transmission. |
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| 1944 | 1956 | | |
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| 1945 | 1957 | | (B) The department has evidence that the feepayer no longer receives mail at the address of record and has previously provided an address for electronic mail. |
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| 1946 | 1958 | | |
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| 1947 | 1959 | | (2) Service provided pursuant to paragraph (1) shall be deemed complete at the time the department electronically transmits the notice via the feepayers secure web portal, without extension of time for any reason. |
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| 1948 | 1960 | | |
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| 1949 | 1961 | | SEC. 97. Section 46203 of the Revenue and Taxation Code is amended to read:46203. Except in the case of fraud, intent to evade this part or regulations adopted pursuant thereto, or failure to make a return, every notice of deficiency determination shall be served within three years after the 25th day of the month following the period for which the return was due or within three years after the return was filed, whichever period expires later. In the case of failure to make a return, the notice of determination shall be served within eight years after the date the return was due. |
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| 1950 | 1962 | | |
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| 1951 | 1963 | | SEC. 97. Section 46203 of the Revenue and Taxation Code is amended to read: |
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| 1952 | 1964 | | |
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| 1953 | 1965 | | ### SEC. 97. |
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| 1954 | 1966 | | |
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| 1955 | 1967 | | 46203. Except in the case of fraud, intent to evade this part or regulations adopted pursuant thereto, or failure to make a return, every notice of deficiency determination shall be served within three years after the 25th day of the month following the period for which the return was due or within three years after the return was filed, whichever period expires later. In the case of failure to make a return, the notice of determination shall be served within eight years after the date the return was due. |
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| 1956 | 1968 | | |
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| 1957 | 1969 | | 46203. Except in the case of fraud, intent to evade this part or regulations adopted pursuant thereto, or failure to make a return, every notice of deficiency determination shall be served within three years after the 25th day of the month following the period for which the return was due or within three years after the return was filed, whichever period expires later. In the case of failure to make a return, the notice of determination shall be served within eight years after the date the return was due. |
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| 1958 | 1970 | | |
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| 1959 | 1971 | | 46203. Except in the case of fraud, intent to evade this part or regulations adopted pursuant thereto, or failure to make a return, every notice of deficiency determination shall be served within three years after the 25th day of the month following the period for which the return was due or within three years after the return was filed, whichever period expires later. In the case of failure to make a return, the notice of determination shall be served within eight years after the date the return was due. |
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| 1960 | 1972 | | |
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| 1961 | 1973 | | |
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| 1962 | 1974 | | |
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| 1963 | 1975 | | 46203. Except in the case of fraud, intent to evade this part or regulations adopted pursuant thereto, or failure to make a return, every notice of deficiency determination shall be served within three years after the 25th day of the month following the period for which the return was due or within three years after the return was filed, whichever period expires later. In the case of failure to make a return, the notice of determination shall be served within eight years after the date the return was due. |
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| 1964 | 1976 | | |
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| 1965 | 1977 | | SEC. 98. Section 46204 of the Revenue and Taxation Code is amended to read:46204. In the case of a deficiency arising under this part during the lifetime of a decedent, a notice of deficiency determination shall be served within four months after written request therefor, in the form required by the department, by the fiduciary of the estate or trust or by any other person liable for the fee or any portion thereof. |
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| 1966 | 1978 | | |
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| 1967 | 1979 | | SEC. 98. Section 46204 of the Revenue and Taxation Code is amended to read: |
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| 1968 | 1980 | | |
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| 1969 | 1981 | | ### SEC. 98. |
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| 1970 | 1982 | | |
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| 1971 | 1983 | | 46204. In the case of a deficiency arising under this part during the lifetime of a decedent, a notice of deficiency determination shall be served within four months after written request therefor, in the form required by the department, by the fiduciary of the estate or trust or by any other person liable for the fee or any portion thereof. |
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| 1972 | 1984 | | |
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| 1973 | 1985 | | 46204. In the case of a deficiency arising under this part during the lifetime of a decedent, a notice of deficiency determination shall be served within four months after written request therefor, in the form required by the department, by the fiduciary of the estate or trust or by any other person liable for the fee or any portion thereof. |
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| 1974 | 1986 | | |
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| 1975 | 1987 | | 46204. In the case of a deficiency arising under this part during the lifetime of a decedent, a notice of deficiency determination shall be served within four months after written request therefor, in the form required by the department, by the fiduciary of the estate or trust or by any other person liable for the fee or any portion thereof. |
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| 1976 | 1988 | | |
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| 1977 | 1989 | | |
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| 1978 | 1990 | | |
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| 1979 | 1991 | | 46204. In the case of a deficiency arising under this part during the lifetime of a decedent, a notice of deficiency determination shall be served within four months after written request therefor, in the form required by the department, by the fiduciary of the estate or trust or by any other person liable for the fee or any portion thereof. |
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| 1980 | 1992 | | |
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| 1981 | 1993 | | SEC. 99. Section 46205 of the Revenue and Taxation Code is amended to read:46205. If before the expiration of the time prescribed in Section 46203 for serving a notice of deficiency determination the feepayer has consented in writing to service of the notice after that time, the notice may be served at any time prior to the expiration of the period agreed upon. The period so agreed upon may be extended by subsequent agreements in writing made before the expiration of the period previously agreed upon. |
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| 1982 | 1994 | | |
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| 1983 | 1995 | | SEC. 99. Section 46205 of the Revenue and Taxation Code is amended to read: |
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| 1984 | 1996 | | |
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| 1985 | 1997 | | ### SEC. 99. |
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| 1986 | 1998 | | |
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| 1987 | 1999 | | 46205. If before the expiration of the time prescribed in Section 46203 for serving a notice of deficiency determination the feepayer has consented in writing to service of the notice after that time, the notice may be served at any time prior to the expiration of the period agreed upon. The period so agreed upon may be extended by subsequent agreements in writing made before the expiration of the period previously agreed upon. |
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| 1988 | 2000 | | |
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| 1989 | 2001 | | 46205. If before the expiration of the time prescribed in Section 46203 for serving a notice of deficiency determination the feepayer has consented in writing to service of the notice after that time, the notice may be served at any time prior to the expiration of the period agreed upon. The period so agreed upon may be extended by subsequent agreements in writing made before the expiration of the period previously agreed upon. |
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| 1990 | 2002 | | |
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| 1991 | 2003 | | 46205. If before the expiration of the time prescribed in Section 46203 for serving a notice of deficiency determination the feepayer has consented in writing to service of the notice after that time, the notice may be served at any time prior to the expiration of the period agreed upon. The period so agreed upon may be extended by subsequent agreements in writing made before the expiration of the period previously agreed upon. |
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| 1992 | 2004 | | |
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| 1993 | 2005 | | |
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| 1994 | 2006 | | |
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| 1995 | 2007 | | 46205. If before the expiration of the time prescribed in Section 46203 for serving a notice of deficiency determination the feepayer has consented in writing to service of the notice after that time, the notice may be served at any time prior to the expiration of the period agreed upon. The period so agreed upon may be extended by subsequent agreements in writing made before the expiration of the period previously agreed upon. |
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| 1996 | 2008 | | |
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| 1997 | 2009 | | SEC. 100. Section 46255 of the Revenue and Taxation Code is amended to read:46255. Promptly after making its determination, the department shall give to the person written notice of the estimate, determination, and penalty, the notice to be served in the manner prescribed for service of notice of a deficiency determination. |
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| 1998 | 2010 | | |
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| 1999 | 2011 | | SEC. 100. Section 46255 of the Revenue and Taxation Code is amended to read: |
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| 2000 | 2012 | | |
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| 2001 | 2013 | | ### SEC. 100. |
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| 2002 | 2014 | | |
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| 2003 | 2015 | | 46255. Promptly after making its determination, the department shall give to the person written notice of the estimate, determination, and penalty, the notice to be served in the manner prescribed for service of notice of a deficiency determination. |
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| 2004 | 2016 | | |
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| 2005 | 2017 | | 46255. Promptly after making its determination, the department shall give to the person written notice of the estimate, determination, and penalty, the notice to be served in the manner prescribed for service of notice of a deficiency determination. |
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| 2006 | 2018 | | |
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| 2007 | 2019 | | 46255. Promptly after making its determination, the department shall give to the person written notice of the estimate, determination, and penalty, the notice to be served in the manner prescribed for service of notice of a deficiency determination. |
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| 2008 | 2020 | | |
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| 2009 | 2021 | | |
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| 2010 | 2022 | | |
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| 2011 | 2023 | | 46255. Promptly after making its determination, the department shall give to the person written notice of the estimate, determination, and penalty, the notice to be served in the manner prescribed for service of notice of a deficiency determination. |
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| 2012 | 2024 | | |
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| 2013 | 2025 | | SEC. 101. Section 46302 of the Revenue and Taxation Code is amended to read:46302. The feepayer against whom a jeopardy determination is made may file a petition for the redetermination thereof, pursuant to Article 5 (commencing with Section 46351), with the department within 10 days after the service upon the feepayer of notice of the determination, but they shall, within the 10-day period, deposit with the department such security as it determines to be necessary to ensure compliance with this part. The security may be sold by the department at public sale if it becomes necessary in order to recover any amount due under this part. Notice of the sale may be served upon the person who deposited the security in the same manner as prescribed for service of notice by Section 46202. Upon any such sale, the surplus, if any, above the amount due under this part shall be returned to the person who deposited the security. |
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| 2014 | 2026 | | |
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| 2015 | 2027 | | SEC. 101. Section 46302 of the Revenue and Taxation Code is amended to read: |
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| 2016 | 2028 | | |
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| 2017 | 2029 | | ### SEC. 101. |
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| 2018 | 2030 | | |
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| 2019 | 2031 | | 46302. The feepayer against whom a jeopardy determination is made may file a petition for the redetermination thereof, pursuant to Article 5 (commencing with Section 46351), with the department within 10 days after the service upon the feepayer of notice of the determination, but they shall, within the 10-day period, deposit with the department such security as it determines to be necessary to ensure compliance with this part. The security may be sold by the department at public sale if it becomes necessary in order to recover any amount due under this part. Notice of the sale may be served upon the person who deposited the security in the same manner as prescribed for service of notice by Section 46202. Upon any such sale, the surplus, if any, above the amount due under this part shall be returned to the person who deposited the security. |
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| 2020 | 2032 | | |
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| 2021 | 2033 | | 46302. The feepayer against whom a jeopardy determination is made may file a petition for the redetermination thereof, pursuant to Article 5 (commencing with Section 46351), with the department within 10 days after the service upon the feepayer of notice of the determination, but they shall, within the 10-day period, deposit with the department such security as it determines to be necessary to ensure compliance with this part. The security may be sold by the department at public sale if it becomes necessary in order to recover any amount due under this part. Notice of the sale may be served upon the person who deposited the security in the same manner as prescribed for service of notice by Section 46202. Upon any such sale, the surplus, if any, above the amount due under this part shall be returned to the person who deposited the security. |
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| 2022 | 2034 | | |
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| 2023 | 2035 | | 46302. The feepayer against whom a jeopardy determination is made may file a petition for the redetermination thereof, pursuant to Article 5 (commencing with Section 46351), with the department within 10 days after the service upon the feepayer of notice of the determination, but they shall, within the 10-day period, deposit with the department such security as it determines to be necessary to ensure compliance with this part. The security may be sold by the department at public sale if it becomes necessary in order to recover any amount due under this part. Notice of the sale may be served upon the person who deposited the security in the same manner as prescribed for service of notice by Section 46202. Upon any such sale, the surplus, if any, above the amount due under this part shall be returned to the person who deposited the security. |
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| 2024 | 2036 | | |
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| 2025 | 2037 | | |
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| 2026 | 2038 | | |
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| 2027 | 2039 | | 46302. The feepayer against whom a jeopardy determination is made may file a petition for the redetermination thereof, pursuant to Article 5 (commencing with Section 46351), with the department within 10 days after the service upon the feepayer of notice of the determination, but they shall, within the 10-day period, deposit with the department such security as it determines to be necessary to ensure compliance with this part. The security may be sold by the department at public sale if it becomes necessary in order to recover any amount due under this part. Notice of the sale may be served upon the person who deposited the security in the same manner as prescribed for service of notice by Section 46202. Upon any such sale, the surplus, if any, above the amount due under this part shall be returned to the person who deposited the security. |
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| 2028 | 2040 | | |
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| 2029 | 2041 | | SEC. 102. Section 46357 of the Revenue and Taxation Code is amended to read:46357. Any notice required by this article shall be served in the same manner as prescribed for service of notice by Section 46202. |
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| 2030 | 2042 | | |
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| 2031 | 2043 | | SEC. 102. Section 46357 of the Revenue and Taxation Code is amended to read: |
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| 2032 | 2044 | | |
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| 2033 | 2045 | | ### SEC. 102. |
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| 2034 | 2046 | | |
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| 2035 | 2047 | | 46357. Any notice required by this article shall be served in the same manner as prescribed for service of notice by Section 46202. |
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| 2036 | 2048 | | |
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| 2037 | 2049 | | 46357. Any notice required by this article shall be served in the same manner as prescribed for service of notice by Section 46202. |
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| 2038 | 2050 | | |
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| 2039 | 2051 | | 46357. Any notice required by this article shall be served in the same manner as prescribed for service of notice by Section 46202. |
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| 2040 | 2052 | | |
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| 2041 | 2053 | | |
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| 2042 | 2054 | | |
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| 2043 | 2055 | | 46357. Any notice required by this article shall be served in the same manner as prescribed for service of notice by Section 46202. |
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| 2044 | 2056 | | |
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| 2045 | 2057 | | SEC. 103. Section 46544 of the Revenue and Taxation Code is amended to read:46544. (a) Notwithstanding any other provision of this part, if the department finds that neither the person liable for payment of fees nor any party related to that person has in any way caused an erroneous refund for which an action for recovery is provided under Section 46541, no interest shall be imposed on the amount of that erroneous refund until 30 days after the date on which the department serves a notice of determination for repayment of the erroneous refund to the person. The act of filing a claim for refund shall not be considered as causing the erroneous refund.(b) This section shall be operative for any action for recovery under Section 46541 on or after January 1, 2000. |
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| 2046 | 2058 | | |
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| 2047 | 2059 | | SEC. 103. Section 46544 of the Revenue and Taxation Code is amended to read: |
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| 2048 | 2060 | | |
|---|
| 2049 | 2061 | | ### SEC. 103. |
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| 2050 | 2062 | | |
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| 2051 | 2063 | | 46544. (a) Notwithstanding any other provision of this part, if the department finds that neither the person liable for payment of fees nor any party related to that person has in any way caused an erroneous refund for which an action for recovery is provided under Section 46541, no interest shall be imposed on the amount of that erroneous refund until 30 days after the date on which the department serves a notice of determination for repayment of the erroneous refund to the person. The act of filing a claim for refund shall not be considered as causing the erroneous refund.(b) This section shall be operative for any action for recovery under Section 46541 on or after January 1, 2000. |
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| 2052 | 2064 | | |
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| 2053 | 2065 | | 46544. (a) Notwithstanding any other provision of this part, if the department finds that neither the person liable for payment of fees nor any party related to that person has in any way caused an erroneous refund for which an action for recovery is provided under Section 46541, no interest shall be imposed on the amount of that erroneous refund until 30 days after the date on which the department serves a notice of determination for repayment of the erroneous refund to the person. The act of filing a claim for refund shall not be considered as causing the erroneous refund.(b) This section shall be operative for any action for recovery under Section 46541 on or after January 1, 2000. |
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| 2054 | 2066 | | |
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| 2055 | 2067 | | 46544. (a) Notwithstanding any other provision of this part, if the department finds that neither the person liable for payment of fees nor any party related to that person has in any way caused an erroneous refund for which an action for recovery is provided under Section 46541, no interest shall be imposed on the amount of that erroneous refund until 30 days after the date on which the department serves a notice of determination for repayment of the erroneous refund to the person. The act of filing a claim for refund shall not be considered as causing the erroneous refund.(b) This section shall be operative for any action for recovery under Section 46541 on or after January 1, 2000. |
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| 2056 | 2068 | | |
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| 2057 | 2069 | | |
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| 2058 | 2070 | | |
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| 2059 | 2071 | | 46544. (a) Notwithstanding any other provision of this part, if the department finds that neither the person liable for payment of fees nor any party related to that person has in any way caused an erroneous refund for which an action for recovery is provided under Section 46541, no interest shall be imposed on the amount of that erroneous refund until 30 days after the date on which the department serves a notice of determination for repayment of the erroneous refund to the person. The act of filing a claim for refund shall not be considered as causing the erroneous refund. |
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| 2060 | 2072 | | |
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| 2061 | 2073 | | (b) This section shall be operative for any action for recovery under Section 46541 on or after January 1, 2000. |
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| 2062 | 2074 | | |
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| 2063 | 2075 | | SEC. 104. Section 50106 of the Revenue and Taxation Code is amended to read:50106. Board or department means the California Department of Tax and Fee Administration. |
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| 2064 | 2076 | | |
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| 2065 | 2077 | | SEC. 104. Section 50106 of the Revenue and Taxation Code is amended to read: |
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| 2066 | 2078 | | |
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| 2067 | 2079 | | ### SEC. 104. |
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| 2068 | 2080 | | |
|---|
| 2069 | 2081 | | 50106. Board or department means the California Department of Tax and Fee Administration. |
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| 2070 | 2082 | | |
|---|
| 2071 | 2083 | | 50106. Board or department means the California Department of Tax and Fee Administration. |
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| 2072 | 2084 | | |
|---|
| 2073 | 2085 | | 50106. Board or department means the California Department of Tax and Fee Administration. |
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| 2074 | 2086 | | |
|---|
| 2075 | 2087 | | |
|---|
| 2076 | 2088 | | |
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| 2077 | 2089 | | 50106. Board or department means the California Department of Tax and Fee Administration. |
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| 2078 | 2090 | | |
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| 2079 | 2091 | | SEC. 105. Section 50113 of the Revenue and Taxation Code is amended to read:50113. (a) If the department is dissatisfied with the report filed or the amount of fee paid to the department under this part by any fee payer, or if no report has been filed or no payment or payments of the fees have been made to the state by a fee payer, the department may compute and determine the amount to be paid, based upon any information available to it. One or more additional determinations may be made of the amount of fee due for one, or for more than one, period. The amount of fee so determined shall bear interest at the modified rate per month, or fraction thereof, established pursuant to Section 6591.5, from the date the amount of the fee, or any portion thereof, became due and payable until the date of payment. In making a determination, the department may offset overpayments for a period or periods against underpayments for another period or periods and against the interest and penalties on the underpayments.(b) If any part of the deficiency for which a determination of an additional amount due is made is found to have been occasioned by negligence or intentional disregard of this part or regulations adopted by the department pursuant to this part, a penalty of 10 percent of the amount of that determination shall be added, plus interest as provided in subdivision (a).(c) If any part of the deficiency for which a determination of an additional amount due is made is found to be occasioned by fraud or an intent to evade this part or regulations adopted pursuant to this part, a penalty of 25 percent of the amount of the determination shall be added, plus interest as provided in subdivision (a).(d) The department shall give to the fee payer written notice of its determination. The notice shall be served in one of the following manners:(1) By placing the notice in a sealed envelope, with postage paid, addressed to the fee payer at the fee payers address as it appears in the records of the department. Service made pursuant to this paragraph shall be deemed complete at the time of the deposit in a United States Post Office, or a mailbox, sub-post office, substation, mail chute, or other facility regularly maintained or provided by the United States Postal Service, without extension of time for any reason.(2) By personally delivering the notice to the person to be served. Service made pursuant to this paragraph shall be deemed complete at the time of delivery. The department may make personal service to a corporation by delivering a notice to any person designated in the Code of Civil Procedure to be served for the corporation with a summons and complaint in a civil action.(3) (A) By delivering the notice electronically via secure transmission when either of the following applies:(i) The feepayer requests the notice of determination to be sent electronically via secure transmission.(ii) The department has evidence that the feepayer no longer receives mail at the address of record and has previously provided an address for electronic mail.(B) Service provided pursuant to subparagraph (A) shall be deemed complete at the time the department electronically transmits the notice via the feepayers secure web portal, without extension of time for any reason. |
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| 2080 | 2092 | | |
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| 2081 | 2093 | | SEC. 105. Section 50113 of the Revenue and Taxation Code is amended to read: |
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| 2082 | 2094 | | |
|---|
| 2083 | 2095 | | ### SEC. 105. |
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| 2084 | 2096 | | |
|---|
| 2085 | 2097 | | 50113. (a) If the department is dissatisfied with the report filed or the amount of fee paid to the department under this part by any fee payer, or if no report has been filed or no payment or payments of the fees have been made to the state by a fee payer, the department may compute and determine the amount to be paid, based upon any information available to it. One or more additional determinations may be made of the amount of fee due for one, or for more than one, period. The amount of fee so determined shall bear interest at the modified rate per month, or fraction thereof, established pursuant to Section 6591.5, from the date the amount of the fee, or any portion thereof, became due and payable until the date of payment. In making a determination, the department may offset overpayments for a period or periods against underpayments for another period or periods and against the interest and penalties on the underpayments.(b) If any part of the deficiency for which a determination of an additional amount due is made is found to have been occasioned by negligence or intentional disregard of this part or regulations adopted by the department pursuant to this part, a penalty of 10 percent of the amount of that determination shall be added, plus interest as provided in subdivision (a).(c) If any part of the deficiency for which a determination of an additional amount due is made is found to be occasioned by fraud or an intent to evade this part or regulations adopted pursuant to this part, a penalty of 25 percent of the amount of the determination shall be added, plus interest as provided in subdivision (a).(d) The department shall give to the fee payer written notice of its determination. The notice shall be served in one of the following manners:(1) By placing the notice in a sealed envelope, with postage paid, addressed to the fee payer at the fee payers address as it appears in the records of the department. Service made pursuant to this paragraph shall be deemed complete at the time of the deposit in a United States Post Office, or a mailbox, sub-post office, substation, mail chute, or other facility regularly maintained or provided by the United States Postal Service, without extension of time for any reason.(2) By personally delivering the notice to the person to be served. Service made pursuant to this paragraph shall be deemed complete at the time of delivery. The department may make personal service to a corporation by delivering a notice to any person designated in the Code of Civil Procedure to be served for the corporation with a summons and complaint in a civil action.(3) (A) By delivering the notice electronically via secure transmission when either of the following applies:(i) The feepayer requests the notice of determination to be sent electronically via secure transmission.(ii) The department has evidence that the feepayer no longer receives mail at the address of record and has previously provided an address for electronic mail.(B) Service provided pursuant to subparagraph (A) shall be deemed complete at the time the department electronically transmits the notice via the feepayers secure web portal, without extension of time for any reason. |
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| 2086 | 2098 | | |
|---|
| 2087 | 2099 | | 50113. (a) If the department is dissatisfied with the report filed or the amount of fee paid to the department under this part by any fee payer, or if no report has been filed or no payment or payments of the fees have been made to the state by a fee payer, the department may compute and determine the amount to be paid, based upon any information available to it. One or more additional determinations may be made of the amount of fee due for one, or for more than one, period. The amount of fee so determined shall bear interest at the modified rate per month, or fraction thereof, established pursuant to Section 6591.5, from the date the amount of the fee, or any portion thereof, became due and payable until the date of payment. In making a determination, the department may offset overpayments for a period or periods against underpayments for another period or periods and against the interest and penalties on the underpayments.(b) If any part of the deficiency for which a determination of an additional amount due is made is found to have been occasioned by negligence or intentional disregard of this part or regulations adopted by the department pursuant to this part, a penalty of 10 percent of the amount of that determination shall be added, plus interest as provided in subdivision (a).(c) If any part of the deficiency for which a determination of an additional amount due is made is found to be occasioned by fraud or an intent to evade this part or regulations adopted pursuant to this part, a penalty of 25 percent of the amount of the determination shall be added, plus interest as provided in subdivision (a).(d) The department shall give to the fee payer written notice of its determination. The notice shall be served in one of the following manners:(1) By placing the notice in a sealed envelope, with postage paid, addressed to the fee payer at the fee payers address as it appears in the records of the department. Service made pursuant to this paragraph shall be deemed complete at the time of the deposit in a United States Post Office, or a mailbox, sub-post office, substation, mail chute, or other facility regularly maintained or provided by the United States Postal Service, without extension of time for any reason.(2) By personally delivering the notice to the person to be served. Service made pursuant to this paragraph shall be deemed complete at the time of delivery. The department may make personal service to a corporation by delivering a notice to any person designated in the Code of Civil Procedure to be served for the corporation with a summons and complaint in a civil action.(3) (A) By delivering the notice electronically via secure transmission when either of the following applies:(i) The feepayer requests the notice of determination to be sent electronically via secure transmission.(ii) The department has evidence that the feepayer no longer receives mail at the address of record and has previously provided an address for electronic mail.(B) Service provided pursuant to subparagraph (A) shall be deemed complete at the time the department electronically transmits the notice via the feepayers secure web portal, without extension of time for any reason. |
|---|
| 2088 | 2100 | | |
|---|
| 2089 | 2101 | | 50113. (a) If the department is dissatisfied with the report filed or the amount of fee paid to the department under this part by any fee payer, or if no report has been filed or no payment or payments of the fees have been made to the state by a fee payer, the department may compute and determine the amount to be paid, based upon any information available to it. One or more additional determinations may be made of the amount of fee due for one, or for more than one, period. The amount of fee so determined shall bear interest at the modified rate per month, or fraction thereof, established pursuant to Section 6591.5, from the date the amount of the fee, or any portion thereof, became due and payable until the date of payment. In making a determination, the department may offset overpayments for a period or periods against underpayments for another period or periods and against the interest and penalties on the underpayments.(b) If any part of the deficiency for which a determination of an additional amount due is made is found to have been occasioned by negligence or intentional disregard of this part or regulations adopted by the department pursuant to this part, a penalty of 10 percent of the amount of that determination shall be added, plus interest as provided in subdivision (a).(c) If any part of the deficiency for which a determination of an additional amount due is made is found to be occasioned by fraud or an intent to evade this part or regulations adopted pursuant to this part, a penalty of 25 percent of the amount of the determination shall be added, plus interest as provided in subdivision (a).(d) The department shall give to the fee payer written notice of its determination. The notice shall be served in one of the following manners:(1) By placing the notice in a sealed envelope, with postage paid, addressed to the fee payer at the fee payers address as it appears in the records of the department. Service made pursuant to this paragraph shall be deemed complete at the time of the deposit in a United States Post Office, or a mailbox, sub-post office, substation, mail chute, or other facility regularly maintained or provided by the United States Postal Service, without extension of time for any reason.(2) By personally delivering the notice to the person to be served. Service made pursuant to this paragraph shall be deemed complete at the time of delivery. The department may make personal service to a corporation by delivering a notice to any person designated in the Code of Civil Procedure to be served for the corporation with a summons and complaint in a civil action.(3) (A) By delivering the notice electronically via secure transmission when either of the following applies:(i) The feepayer requests the notice of determination to be sent electronically via secure transmission.(ii) The department has evidence that the feepayer no longer receives mail at the address of record and has previously provided an address for electronic mail.(B) Service provided pursuant to subparagraph (A) shall be deemed complete at the time the department electronically transmits the notice via the feepayers secure web portal, without extension of time for any reason. |
|---|
| 2090 | 2102 | | |
|---|
| 2091 | 2103 | | |
|---|
| 2092 | 2104 | | |
|---|
| 2093 | 2105 | | 50113. (a) If the department is dissatisfied with the report filed or the amount of fee paid to the department under this part by any fee payer, or if no report has been filed or no payment or payments of the fees have been made to the state by a fee payer, the department may compute and determine the amount to be paid, based upon any information available to it. One or more additional determinations may be made of the amount of fee due for one, or for more than one, period. The amount of fee so determined shall bear interest at the modified rate per month, or fraction thereof, established pursuant to Section 6591.5, from the date the amount of the fee, or any portion thereof, became due and payable until the date of payment. In making a determination, the department may offset overpayments for a period or periods against underpayments for another period or periods and against the interest and penalties on the underpayments. |
|---|
| 2094 | 2106 | | |
|---|
| 2095 | 2107 | | (b) If any part of the deficiency for which a determination of an additional amount due is made is found to have been occasioned by negligence or intentional disregard of this part or regulations adopted by the department pursuant to this part, a penalty of 10 percent of the amount of that determination shall be added, plus interest as provided in subdivision (a). |
|---|
| 2096 | 2108 | | |
|---|
| 2097 | 2109 | | (c) If any part of the deficiency for which a determination of an additional amount due is made is found to be occasioned by fraud or an intent to evade this part or regulations adopted pursuant to this part, a penalty of 25 percent of the amount of the determination shall be added, plus interest as provided in subdivision (a). |
|---|
| 2098 | 2110 | | |
|---|
| 2099 | 2111 | | (d) The department shall give to the fee payer written notice of its determination. The notice shall be served in one of the following manners: |
|---|
| 2100 | 2112 | | |
|---|
| 2101 | 2113 | | (1) By placing the notice in a sealed envelope, with postage paid, addressed to the fee payer at the fee payers address as it appears in the records of the department. Service made pursuant to this paragraph shall be deemed complete at the time of the deposit in a United States Post Office, or a mailbox, sub-post office, substation, mail chute, or other facility regularly maintained or provided by the United States Postal Service, without extension of time for any reason. |
|---|
| 2102 | 2114 | | |
|---|
| 2103 | 2115 | | (2) By personally delivering the notice to the person to be served. Service made pursuant to this paragraph shall be deemed complete at the time of delivery. The department may make personal service to a corporation by delivering a notice to any person designated in the Code of Civil Procedure to be served for the corporation with a summons and complaint in a civil action. |
|---|
| 2104 | 2116 | | |
|---|
| 2105 | 2117 | | (3) (A) By delivering the notice electronically via secure transmission when either of the following applies: |
|---|
| 2106 | 2118 | | |
|---|
| 2107 | 2119 | | (i) The feepayer requests the notice of determination to be sent electronically via secure transmission. |
|---|
| 2108 | 2120 | | |
|---|
| 2109 | 2121 | | (ii) The department has evidence that the feepayer no longer receives mail at the address of record and has previously provided an address for electronic mail. |
|---|
| 2110 | 2122 | | |
|---|
| 2111 | 2123 | | (B) Service provided pursuant to subparagraph (A) shall be deemed complete at the time the department electronically transmits the notice via the feepayers secure web portal, without extension of time for any reason. |
|---|
| 2112 | 2124 | | |
|---|
| 2113 | 2125 | | SEC. 106. Section 50113.1 of the Revenue and Taxation Code is amended to read:50113.1. Except in the case of fraud, intent to evade this part, or rules and regulations adopted pursuant to this part, or failure to make a report or return, every notice of a determination of an additional amount due shall be served within three years after the date when the amount was required to have been paid or the report or return was due, or within three years after the report or return was filed, whichever period expires later. In the case of failure to make a report or return, the notice of determination shall be served within eight years after the date the report or return was due. |
|---|
| 2114 | 2126 | | |
|---|
| 2115 | 2127 | | SEC. 106. Section 50113.1 of the Revenue and Taxation Code is amended to read: |
|---|
| 2116 | 2128 | | |
|---|
| 2117 | 2129 | | ### SEC. 106. |
|---|
| 2118 | 2130 | | |
|---|
| 2119 | 2131 | | 50113.1. Except in the case of fraud, intent to evade this part, or rules and regulations adopted pursuant to this part, or failure to make a report or return, every notice of a determination of an additional amount due shall be served within three years after the date when the amount was required to have been paid or the report or return was due, or within three years after the report or return was filed, whichever period expires later. In the case of failure to make a report or return, the notice of determination shall be served within eight years after the date the report or return was due. |
|---|
| 2120 | 2132 | | |
|---|
| 2121 | 2133 | | 50113.1. Except in the case of fraud, intent to evade this part, or rules and regulations adopted pursuant to this part, or failure to make a report or return, every notice of a determination of an additional amount due shall be served within three years after the date when the amount was required to have been paid or the report or return was due, or within three years after the report or return was filed, whichever period expires later. In the case of failure to make a report or return, the notice of determination shall be served within eight years after the date the report or return was due. |
|---|
| 2122 | 2134 | | |
|---|
| 2123 | 2135 | | 50113.1. Except in the case of fraud, intent to evade this part, or rules and regulations adopted pursuant to this part, or failure to make a report or return, every notice of a determination of an additional amount due shall be served within three years after the date when the amount was required to have been paid or the report or return was due, or within three years after the report or return was filed, whichever period expires later. In the case of failure to make a report or return, the notice of determination shall be served within eight years after the date the report or return was due. |
|---|
| 2124 | 2136 | | |
|---|
| 2125 | 2137 | | |
|---|
| 2126 | 2138 | | |
|---|
| 2127 | 2139 | | 50113.1. Except in the case of fraud, intent to evade this part, or rules and regulations adopted pursuant to this part, or failure to make a report or return, every notice of a determination of an additional amount due shall be served within three years after the date when the amount was required to have been paid or the report or return was due, or within three years after the report or return was filed, whichever period expires later. In the case of failure to make a report or return, the notice of determination shall be served within eight years after the date the report or return was due. |
|---|
| 2128 | 2140 | | |
|---|
| 2129 | 2141 | | SEC. 107. Section 50113.2 of the Revenue and Taxation Code is amended to read:50113.2. If, before the expiration of the time prescribed in Section 50113.1 for serving a notice of deficiency determination, the fee payer has consented in writing to service of the notice after that time, the notice may be served at any time prior to the expiration of the period agreed upon. The period agreed upon may be extended by subsequent agreements in writing made before the expiration of the period previously agreed upon. |
|---|
| 2130 | 2142 | | |
|---|
| 2131 | 2143 | | SEC. 107. Section 50113.2 of the Revenue and Taxation Code is amended to read: |
|---|
| 2132 | 2144 | | |
|---|
| 2133 | 2145 | | ### SEC. 107. |
|---|
| 2134 | 2146 | | |
|---|
| 2135 | 2147 | | 50113.2. If, before the expiration of the time prescribed in Section 50113.1 for serving a notice of deficiency determination, the fee payer has consented in writing to service of the notice after that time, the notice may be served at any time prior to the expiration of the period agreed upon. The period agreed upon may be extended by subsequent agreements in writing made before the expiration of the period previously agreed upon. |
|---|
| 2136 | 2148 | | |
|---|
| 2137 | 2149 | | 50113.2. If, before the expiration of the time prescribed in Section 50113.1 for serving a notice of deficiency determination, the fee payer has consented in writing to service of the notice after that time, the notice may be served at any time prior to the expiration of the period agreed upon. The period agreed upon may be extended by subsequent agreements in writing made before the expiration of the period previously agreed upon. |
|---|
| 2138 | 2150 | | |
|---|
| 2139 | 2151 | | 50113.2. If, before the expiration of the time prescribed in Section 50113.1 for serving a notice of deficiency determination, the fee payer has consented in writing to service of the notice after that time, the notice may be served at any time prior to the expiration of the period agreed upon. The period agreed upon may be extended by subsequent agreements in writing made before the expiration of the period previously agreed upon. |
|---|
| 2140 | 2152 | | |
|---|
| 2141 | 2153 | | |
|---|
| 2142 | 2154 | | |
|---|
| 2143 | 2155 | | 50113.2. If, before the expiration of the time prescribed in Section 50113.1 for serving a notice of deficiency determination, the fee payer has consented in writing to service of the notice after that time, the notice may be served at any time prior to the expiration of the period agreed upon. The period agreed upon may be extended by subsequent agreements in writing made before the expiration of the period previously agreed upon. |
|---|
| 2144 | 2156 | | |
|---|
| 2145 | 2157 | | SEC. 108. Section 50120 of the Revenue and Taxation Code is amended to read:50120. Any notice required by this article shall be served in the same manner as prescribed for service of notice by Section 50113. |
|---|
| 2146 | 2158 | | |
|---|
| 2147 | 2159 | | SEC. 108. Section 50120 of the Revenue and Taxation Code is amended to read: |
|---|
| 2148 | 2160 | | |
|---|
| 2149 | 2161 | | ### SEC. 108. |
|---|
| 2150 | 2162 | | |
|---|
| 2151 | 2163 | | 50120. Any notice required by this article shall be served in the same manner as prescribed for service of notice by Section 50113. |
|---|
| 2152 | 2164 | | |
|---|
| 2153 | 2165 | | 50120. Any notice required by this article shall be served in the same manner as prescribed for service of notice by Section 50113. |
|---|
| 2154 | 2166 | | |
|---|
| 2155 | 2167 | | 50120. Any notice required by this article shall be served in the same manner as prescribed for service of notice by Section 50113. |
|---|
| 2156 | 2168 | | |
|---|
| 2157 | 2169 | | |
|---|
| 2158 | 2170 | | |
|---|
| 2159 | 2171 | | 50120. Any notice required by this article shall be served in the same manner as prescribed for service of notice by Section 50113. |
|---|
| 2160 | 2172 | | |
|---|
| 2161 | 2173 | | SEC. 109. Section 50120.2 of the Revenue and Taxation Code is amended to read:50120.2. The fee payer against whom a jeopardy determination is made may file a petition for the redetermination thereof, pursuant to Article 3 (commencing with Section 50114), with the department within 10 days after the service upon the fee payer of notice of the determination, and they shall, within the 10-day period, deposit with the department that security which the department determines to be necessary to ensure compliance with this part. The security may be sold by the department at a public sale if it becomes necessary in order to recover any amount due under this part. Notice of the sale may be served upon the person who deposited the security in the same manner as prescribed for service of notice by subdivision (d) of Section 50113. After that sale, the surplus, if any, above the amount due under this part shall be returned to the person who deposited the security. |
|---|
| 2162 | 2174 | | |
|---|
| 2163 | 2175 | | SEC. 109. Section 50120.2 of the Revenue and Taxation Code is amended to read: |
|---|
| 2164 | 2176 | | |
|---|
| 2165 | 2177 | | ### SEC. 109. |
|---|
| 2166 | 2178 | | |
|---|
| 2167 | 2179 | | 50120.2. The fee payer against whom a jeopardy determination is made may file a petition for the redetermination thereof, pursuant to Article 3 (commencing with Section 50114), with the department within 10 days after the service upon the fee payer of notice of the determination, and they shall, within the 10-day period, deposit with the department that security which the department determines to be necessary to ensure compliance with this part. The security may be sold by the department at a public sale if it becomes necessary in order to recover any amount due under this part. Notice of the sale may be served upon the person who deposited the security in the same manner as prescribed for service of notice by subdivision (d) of Section 50113. After that sale, the surplus, if any, above the amount due under this part shall be returned to the person who deposited the security. |
|---|
| 2168 | 2180 | | |
|---|
| 2169 | 2181 | | 50120.2. The fee payer against whom a jeopardy determination is made may file a petition for the redetermination thereof, pursuant to Article 3 (commencing with Section 50114), with the department within 10 days after the service upon the fee payer of notice of the determination, and they shall, within the 10-day period, deposit with the department that security which the department determines to be necessary to ensure compliance with this part. The security may be sold by the department at a public sale if it becomes necessary in order to recover any amount due under this part. Notice of the sale may be served upon the person who deposited the security in the same manner as prescribed for service of notice by subdivision (d) of Section 50113. After that sale, the surplus, if any, above the amount due under this part shall be returned to the person who deposited the security. |
|---|
| 2170 | 2182 | | |
|---|
| 2171 | 2183 | | 50120.2. The fee payer against whom a jeopardy determination is made may file a petition for the redetermination thereof, pursuant to Article 3 (commencing with Section 50114), with the department within 10 days after the service upon the fee payer of notice of the determination, and they shall, within the 10-day period, deposit with the department that security which the department determines to be necessary to ensure compliance with this part. The security may be sold by the department at a public sale if it becomes necessary in order to recover any amount due under this part. Notice of the sale may be served upon the person who deposited the security in the same manner as prescribed for service of notice by subdivision (d) of Section 50113. After that sale, the surplus, if any, above the amount due under this part shall be returned to the person who deposited the security. |
|---|
| 2172 | 2184 | | |
|---|
| 2173 | 2185 | | |
|---|
| 2174 | 2186 | | |
|---|
| 2175 | 2187 | | 50120.2. The fee payer against whom a jeopardy determination is made may file a petition for the redetermination thereof, pursuant to Article 3 (commencing with Section 50114), with the department within 10 days after the service upon the fee payer of notice of the determination, and they shall, within the 10-day period, deposit with the department that security which the department determines to be necessary to ensure compliance with this part. The security may be sold by the department at a public sale if it becomes necessary in order to recover any amount due under this part. Notice of the sale may be served upon the person who deposited the security in the same manner as prescribed for service of notice by subdivision (d) of Section 50113. After that sale, the surplus, if any, above the amount due under this part shall be returned to the person who deposited the security. |
|---|
| 2176 | 2188 | | |
|---|
| 2177 | 2189 | | SEC. 110. Section 50150.5 of the Revenue and Taxation Code is amended to read:50150.5. (a) Notwithstanding any other provision of this part, if the department finds that neither the person liable for payment of fees nor any party related to that person has in any way caused an erroneous refund for which an action for recovery is provided under Section 50150, no interest shall be imposed on the amount of that erroneous refund until 30 days after the date on which the department serves a notice of determination for repayment of the erroneous refund to the person. The act of filing a claim for refund shall not be considered as causing the erroneous refund.(b) This section shall be operative for any action for recovery under Section 50150 on or after January 1, 2000. |
|---|
| 2178 | 2190 | | |
|---|
| 2179 | 2191 | | SEC. 110. Section 50150.5 of the Revenue and Taxation Code is amended to read: |
|---|
| 2180 | 2192 | | |
|---|
| 2181 | 2193 | | ### SEC. 110. |
|---|
| 2182 | 2194 | | |
|---|
| 2183 | 2195 | | 50150.5. (a) Notwithstanding any other provision of this part, if the department finds that neither the person liable for payment of fees nor any party related to that person has in any way caused an erroneous refund for which an action for recovery is provided under Section 50150, no interest shall be imposed on the amount of that erroneous refund until 30 days after the date on which the department serves a notice of determination for repayment of the erroneous refund to the person. The act of filing a claim for refund shall not be considered as causing the erroneous refund.(b) This section shall be operative for any action for recovery under Section 50150 on or after January 1, 2000. |
|---|
| 2184 | 2196 | | |
|---|
| 2185 | 2197 | | 50150.5. (a) Notwithstanding any other provision of this part, if the department finds that neither the person liable for payment of fees nor any party related to that person has in any way caused an erroneous refund for which an action for recovery is provided under Section 50150, no interest shall be imposed on the amount of that erroneous refund until 30 days after the date on which the department serves a notice of determination for repayment of the erroneous refund to the person. The act of filing a claim for refund shall not be considered as causing the erroneous refund.(b) This section shall be operative for any action for recovery under Section 50150 on or after January 1, 2000. |
|---|
| 2186 | 2198 | | |
|---|
| 2187 | 2199 | | 50150.5. (a) Notwithstanding any other provision of this part, if the department finds that neither the person liable for payment of fees nor any party related to that person has in any way caused an erroneous refund for which an action for recovery is provided under Section 50150, no interest shall be imposed on the amount of that erroneous refund until 30 days after the date on which the department serves a notice of determination for repayment of the erroneous refund to the person. The act of filing a claim for refund shall not be considered as causing the erroneous refund.(b) This section shall be operative for any action for recovery under Section 50150 on or after January 1, 2000. |
|---|
| 2188 | 2200 | | |
|---|
| 2189 | 2201 | | |
|---|
| 2190 | 2202 | | |
|---|
| 2191 | 2203 | | 50150.5. (a) Notwithstanding any other provision of this part, if the department finds that neither the person liable for payment of fees nor any party related to that person has in any way caused an erroneous refund for which an action for recovery is provided under Section 50150, no interest shall be imposed on the amount of that erroneous refund until 30 days after the date on which the department serves a notice of determination for repayment of the erroneous refund to the person. The act of filing a claim for refund shall not be considered as causing the erroneous refund. |
|---|
| 2192 | 2204 | | |
|---|
| 2193 | 2205 | | (b) This section shall be operative for any action for recovery under Section 50150 on or after January 1, 2000. |
|---|
| 2194 | 2206 | | |
|---|
| 2195 | 2207 | | SEC. 111. Section 55061 of the Revenue and Taxation Code is amended to read:55061. (a) If the department is dissatisfied with the return filed or the amount of the fee paid to the state by any feepayer, or if no return has been filed or no payment of the fee has been made to the state by a feepayer, the department may compute and determine the amount to be paid, based upon any information available to it. In addition, where the department is authorized to collect a fee for another state agency, or where the department is authorized to collect a fee under circumstances where the feepayer is not required to file a return, the department may issue a notice of determination or similar billing document for collection of the fee. One or more additional determinations may be made of the amount of the fee due for one, or for more than one period. The amount of the fee so determined shall bear interest at the modified adjusted rate per month, or fraction thereof, established pursuant to Section 6591.5, from the date the amount of the fee, or any portion thereof, became due and payable until the date of payment. In making a determination, the department may offset overpayments for a period or periods against underpayments for another period or periods and against the interest and penalties on the underpayments.(b) If any part of the deficiency for which a determination of an additional amount due is found to have been occasioned by negligence or intentional disregard of this part or authorized regulations, a penalty of 10 percent of the amount of the determination shall be added, plus interest as provided in subdivision (a).(c) If any part of the deficiency for which a determination of an additional amount due is found to be occasioned by fraud or an intent to evade this part or authorized regulations, a penalty of 25 percent of the amount of the determination shall be added, plus interest as provided in subdivision (a).(d) The department shall give to the feepayer written notice of its determination. The notice shall be served in one of the following manners:(1) By placing the notice in a sealed envelope, with postage paid, addressed to the feepayer at their address as it appears in the records of the department. Service made pursuant to this paragraph shall be deemed complete at the time of the deposit of the notice in a United States Post Office, or a mailbox, sub-post office, substation, or mail chute, or other facility regularly maintained or provided by the United States Postal Service without extension of time for any reason.(2) By personally delivering the notice to the person to be served. Service made pursuant to this paragraph shall be deemed complete at the time of delivery. Personal service to a corporation may be made by delivery of a notice to any person designated in the Code of Civil Procedure to be served for the corporation with summons and complaint in a civil action.(3) (A) By delivering the notice electronically via secure transmission when either of the following applies:(i) The feepayer requests the notice of determination to be sent electronically via secure transmission.(ii) The department has evidence that the feepayer no longer receives mail at the address of record and has previously provided an address for electronic mail.(B) Service provided pursuant to subparagraph (A) shall be deemed complete at the time the department electronically transmits the notice via the feepayers secure web portal, without extension of time for any reason. |
|---|
| 2196 | 2208 | | |
|---|
| 2197 | 2209 | | SEC. 111. Section 55061 of the Revenue and Taxation Code is amended to read: |
|---|
| 2198 | 2210 | | |
|---|
| 2199 | 2211 | | ### SEC. 111. |
|---|
| 2200 | 2212 | | |
|---|
| 2201 | 2213 | | 55061. (a) If the department is dissatisfied with the return filed or the amount of the fee paid to the state by any feepayer, or if no return has been filed or no payment of the fee has been made to the state by a feepayer, the department may compute and determine the amount to be paid, based upon any information available to it. In addition, where the department is authorized to collect a fee for another state agency, or where the department is authorized to collect a fee under circumstances where the feepayer is not required to file a return, the department may issue a notice of determination or similar billing document for collection of the fee. One or more additional determinations may be made of the amount of the fee due for one, or for more than one period. The amount of the fee so determined shall bear interest at the modified adjusted rate per month, or fraction thereof, established pursuant to Section 6591.5, from the date the amount of the fee, or any portion thereof, became due and payable until the date of payment. In making a determination, the department may offset overpayments for a period or periods against underpayments for another period or periods and against the interest and penalties on the underpayments.(b) If any part of the deficiency for which a determination of an additional amount due is found to have been occasioned by negligence or intentional disregard of this part or authorized regulations, a penalty of 10 percent of the amount of the determination shall be added, plus interest as provided in subdivision (a).(c) If any part of the deficiency for which a determination of an additional amount due is found to be occasioned by fraud or an intent to evade this part or authorized regulations, a penalty of 25 percent of the amount of the determination shall be added, plus interest as provided in subdivision (a).(d) The department shall give to the feepayer written notice of its determination. The notice shall be served in one of the following manners:(1) By placing the notice in a sealed envelope, with postage paid, addressed to the feepayer at their address as it appears in the records of the department. Service made pursuant to this paragraph shall be deemed complete at the time of the deposit of the notice in a United States Post Office, or a mailbox, sub-post office, substation, or mail chute, or other facility regularly maintained or provided by the United States Postal Service without extension of time for any reason.(2) By personally delivering the notice to the person to be served. Service made pursuant to this paragraph shall be deemed complete at the time of delivery. Personal service to a corporation may be made by delivery of a notice to any person designated in the Code of Civil Procedure to be served for the corporation with summons and complaint in a civil action.(3) (A) By delivering the notice electronically via secure transmission when either of the following applies:(i) The feepayer requests the notice of determination to be sent electronically via secure transmission.(ii) The department has evidence that the feepayer no longer receives mail at the address of record and has previously provided an address for electronic mail.(B) Service provided pursuant to subparagraph (A) shall be deemed complete at the time the department electronically transmits the notice via the feepayers secure web portal, without extension of time for any reason. |
|---|
| 2202 | 2214 | | |
|---|
| 2203 | 2215 | | 55061. (a) If the department is dissatisfied with the return filed or the amount of the fee paid to the state by any feepayer, or if no return has been filed or no payment of the fee has been made to the state by a feepayer, the department may compute and determine the amount to be paid, based upon any information available to it. In addition, where the department is authorized to collect a fee for another state agency, or where the department is authorized to collect a fee under circumstances where the feepayer is not required to file a return, the department may issue a notice of determination or similar billing document for collection of the fee. One or more additional determinations may be made of the amount of the fee due for one, or for more than one period. The amount of the fee so determined shall bear interest at the modified adjusted rate per month, or fraction thereof, established pursuant to Section 6591.5, from the date the amount of the fee, or any portion thereof, became due and payable until the date of payment. In making a determination, the department may offset overpayments for a period or periods against underpayments for another period or periods and against the interest and penalties on the underpayments.(b) If any part of the deficiency for which a determination of an additional amount due is found to have been occasioned by negligence or intentional disregard of this part or authorized regulations, a penalty of 10 percent of the amount of the determination shall be added, plus interest as provided in subdivision (a).(c) If any part of the deficiency for which a determination of an additional amount due is found to be occasioned by fraud or an intent to evade this part or authorized regulations, a penalty of 25 percent of the amount of the determination shall be added, plus interest as provided in subdivision (a).(d) The department shall give to the feepayer written notice of its determination. The notice shall be served in one of the following manners:(1) By placing the notice in a sealed envelope, with postage paid, addressed to the feepayer at their address as it appears in the records of the department. Service made pursuant to this paragraph shall be deemed complete at the time of the deposit of the notice in a United States Post Office, or a mailbox, sub-post office, substation, or mail chute, or other facility regularly maintained or provided by the United States Postal Service without extension of time for any reason.(2) By personally delivering the notice to the person to be served. Service made pursuant to this paragraph shall be deemed complete at the time of delivery. Personal service to a corporation may be made by delivery of a notice to any person designated in the Code of Civil Procedure to be served for the corporation with summons and complaint in a civil action.(3) (A) By delivering the notice electronically via secure transmission when either of the following applies:(i) The feepayer requests the notice of determination to be sent electronically via secure transmission.(ii) The department has evidence that the feepayer no longer receives mail at the address of record and has previously provided an address for electronic mail.(B) Service provided pursuant to subparagraph (A) shall be deemed complete at the time the department electronically transmits the notice via the feepayers secure web portal, without extension of time for any reason. |
|---|
| 2204 | 2216 | | |
|---|
| 2205 | 2217 | | 55061. (a) If the department is dissatisfied with the return filed or the amount of the fee paid to the state by any feepayer, or if no return has been filed or no payment of the fee has been made to the state by a feepayer, the department may compute and determine the amount to be paid, based upon any information available to it. In addition, where the department is authorized to collect a fee for another state agency, or where the department is authorized to collect a fee under circumstances where the feepayer is not required to file a return, the department may issue a notice of determination or similar billing document for collection of the fee. One or more additional determinations may be made of the amount of the fee due for one, or for more than one period. The amount of the fee so determined shall bear interest at the modified adjusted rate per month, or fraction thereof, established pursuant to Section 6591.5, from the date the amount of the fee, or any portion thereof, became due and payable until the date of payment. In making a determination, the department may offset overpayments for a period or periods against underpayments for another period or periods and against the interest and penalties on the underpayments.(b) If any part of the deficiency for which a determination of an additional amount due is found to have been occasioned by negligence or intentional disregard of this part or authorized regulations, a penalty of 10 percent of the amount of the determination shall be added, plus interest as provided in subdivision (a).(c) If any part of the deficiency for which a determination of an additional amount due is found to be occasioned by fraud or an intent to evade this part or authorized regulations, a penalty of 25 percent of the amount of the determination shall be added, plus interest as provided in subdivision (a).(d) The department shall give to the feepayer written notice of its determination. The notice shall be served in one of the following manners:(1) By placing the notice in a sealed envelope, with postage paid, addressed to the feepayer at their address as it appears in the records of the department. Service made pursuant to this paragraph shall be deemed complete at the time of the deposit of the notice in a United States Post Office, or a mailbox, sub-post office, substation, or mail chute, or other facility regularly maintained or provided by the United States Postal Service without extension of time for any reason.(2) By personally delivering the notice to the person to be served. Service made pursuant to this paragraph shall be deemed complete at the time of delivery. Personal service to a corporation may be made by delivery of a notice to any person designated in the Code of Civil Procedure to be served for the corporation with summons and complaint in a civil action.(3) (A) By delivering the notice electronically via secure transmission when either of the following applies:(i) The feepayer requests the notice of determination to be sent electronically via secure transmission.(ii) The department has evidence that the feepayer no longer receives mail at the address of record and has previously provided an address for electronic mail.(B) Service provided pursuant to subparagraph (A) shall be deemed complete at the time the department electronically transmits the notice via the feepayers secure web portal, without extension of time for any reason. |
|---|
| 2206 | 2218 | | |
|---|
| 2207 | 2219 | | |
|---|
| 2208 | 2220 | | |
|---|
| 2209 | 2221 | | 55061. (a) If the department is dissatisfied with the return filed or the amount of the fee paid to the state by any feepayer, or if no return has been filed or no payment of the fee has been made to the state by a feepayer, the department may compute and determine the amount to be paid, based upon any information available to it. In addition, where the department is authorized to collect a fee for another state agency, or where the department is authorized to collect a fee under circumstances where the feepayer is not required to file a return, the department may issue a notice of determination or similar billing document for collection of the fee. One or more additional determinations may be made of the amount of the fee due for one, or for more than one period. The amount of the fee so determined shall bear interest at the modified adjusted rate per month, or fraction thereof, established pursuant to Section 6591.5, from the date the amount of the fee, or any portion thereof, became due and payable until the date of payment. In making a determination, the department may offset overpayments for a period or periods against underpayments for another period or periods and against the interest and penalties on the underpayments. |
|---|
| 2210 | 2222 | | |
|---|
| 2211 | 2223 | | (b) If any part of the deficiency for which a determination of an additional amount due is found to have been occasioned by negligence or intentional disregard of this part or authorized regulations, a penalty of 10 percent of the amount of the determination shall be added, plus interest as provided in subdivision (a). |
|---|
| 2212 | 2224 | | |
|---|
| 2213 | 2225 | | (c) If any part of the deficiency for which a determination of an additional amount due is found to be occasioned by fraud or an intent to evade this part or authorized regulations, a penalty of 25 percent of the amount of the determination shall be added, plus interest as provided in subdivision (a). |
|---|
| 2214 | 2226 | | |
|---|
| 2215 | 2227 | | (d) The department shall give to the feepayer written notice of its determination. The notice shall be served in one of the following manners: |
|---|
| 2216 | 2228 | | |
|---|
| 2217 | 2229 | | (1) By placing the notice in a sealed envelope, with postage paid, addressed to the feepayer at their address as it appears in the records of the department. Service made pursuant to this paragraph shall be deemed complete at the time of the deposit of the notice in a United States Post Office, or a mailbox, sub-post office, substation, or mail chute, or other facility regularly maintained or provided by the United States Postal Service without extension of time for any reason. |
|---|
| 2218 | 2230 | | |
|---|
| 2219 | 2231 | | (2) By personally delivering the notice to the person to be served. Service made pursuant to this paragraph shall be deemed complete at the time of delivery. Personal service to a corporation may be made by delivery of a notice to any person designated in the Code of Civil Procedure to be served for the corporation with summons and complaint in a civil action. |
|---|
| 2220 | 2232 | | |
|---|
| 2221 | 2233 | | (3) (A) By delivering the notice electronically via secure transmission when either of the following applies: |
|---|
| 2222 | 2234 | | |
|---|
| 2223 | 2235 | | (i) The feepayer requests the notice of determination to be sent electronically via secure transmission. |
|---|
| 2224 | 2236 | | |
|---|
| 2225 | 2237 | | (ii) The department has evidence that the feepayer no longer receives mail at the address of record and has previously provided an address for electronic mail. |
|---|
| 2226 | 2238 | | |
|---|
| 2227 | 2239 | | (B) Service provided pursuant to subparagraph (A) shall be deemed complete at the time the department electronically transmits the notice via the feepayers secure web portal, without extension of time for any reason. |
|---|
| 2228 | 2240 | | |
|---|
| 2229 | 2241 | | SEC. 112. Section 55062 of the Revenue and Taxation Code is amended to read:55062. Except in the case of fraud, intent to evade this part, authorized rules and regulations, or failure to make a return, every notice of a determination of an additional amount due shall be served within three years after the date when the amount should have been paid or the return was due, or within three years after the return was filed, whichever period expires later. In the case of failure to make a return, the notice of determination shall be served within eight years after the date the return was due. |
|---|
| 2230 | 2242 | | |
|---|
| 2231 | 2243 | | SEC. 112. Section 55062 of the Revenue and Taxation Code is amended to read: |
|---|
| 2232 | 2244 | | |
|---|
| 2233 | 2245 | | ### SEC. 112. |
|---|
| 2234 | 2246 | | |
|---|
| 2235 | 2247 | | 55062. Except in the case of fraud, intent to evade this part, authorized rules and regulations, or failure to make a return, every notice of a determination of an additional amount due shall be served within three years after the date when the amount should have been paid or the return was due, or within three years after the return was filed, whichever period expires later. In the case of failure to make a return, the notice of determination shall be served within eight years after the date the return was due. |
|---|
| 2236 | 2248 | | |
|---|
| 2237 | 2249 | | 55062. Except in the case of fraud, intent to evade this part, authorized rules and regulations, or failure to make a return, every notice of a determination of an additional amount due shall be served within three years after the date when the amount should have been paid or the return was due, or within three years after the return was filed, whichever period expires later. In the case of failure to make a return, the notice of determination shall be served within eight years after the date the return was due. |
|---|
| 2238 | 2250 | | |
|---|
| 2239 | 2251 | | 55062. Except in the case of fraud, intent to evade this part, authorized rules and regulations, or failure to make a return, every notice of a determination of an additional amount due shall be served within three years after the date when the amount should have been paid or the return was due, or within three years after the return was filed, whichever period expires later. In the case of failure to make a return, the notice of determination shall be served within eight years after the date the return was due. |
|---|
| 2240 | 2252 | | |
|---|
| 2241 | 2253 | | |
|---|
| 2242 | 2254 | | |
|---|
| 2243 | 2255 | | 55062. Except in the case of fraud, intent to evade this part, authorized rules and regulations, or failure to make a return, every notice of a determination of an additional amount due shall be served within three years after the date when the amount should have been paid or the return was due, or within three years after the return was filed, whichever period expires later. In the case of failure to make a return, the notice of determination shall be served within eight years after the date the return was due. |
|---|
| 2244 | 2256 | | |
|---|
| 2245 | 2257 | | SEC. 113. Section 55063 of the Revenue and Taxation Code is amended to read:55063. In the case of a deficiency arising under this part during the lifetime of a decedent, a notice of deficiency determination shall be served within four months after written request therefor, in the form required by the department, by the fiduciary of the estate or trust or by any other person liable for the fee or any portion thereof. |
|---|
| 2246 | 2258 | | |
|---|
| 2247 | 2259 | | SEC. 113. Section 55063 of the Revenue and Taxation Code is amended to read: |
|---|
| 2248 | 2260 | | |
|---|
| 2249 | 2261 | | ### SEC. 113. |
|---|
| 2250 | 2262 | | |
|---|
| 2251 | 2263 | | 55063. In the case of a deficiency arising under this part during the lifetime of a decedent, a notice of deficiency determination shall be served within four months after written request therefor, in the form required by the department, by the fiduciary of the estate or trust or by any other person liable for the fee or any portion thereof. |
|---|
| 2252 | 2264 | | |
|---|
| 2253 | 2265 | | 55063. In the case of a deficiency arising under this part during the lifetime of a decedent, a notice of deficiency determination shall be served within four months after written request therefor, in the form required by the department, by the fiduciary of the estate or trust or by any other person liable for the fee or any portion thereof. |
|---|
| 2254 | 2266 | | |
|---|
| 2255 | 2267 | | 55063. In the case of a deficiency arising under this part during the lifetime of a decedent, a notice of deficiency determination shall be served within four months after written request therefor, in the form required by the department, by the fiduciary of the estate or trust or by any other person liable for the fee or any portion thereof. |
|---|
| 2256 | 2268 | | |
|---|
| 2257 | 2269 | | |
|---|
| 2258 | 2270 | | |
|---|
| 2259 | 2271 | | 55063. In the case of a deficiency arising under this part during the lifetime of a decedent, a notice of deficiency determination shall be served within four months after written request therefor, in the form required by the department, by the fiduciary of the estate or trust or by any other person liable for the fee or any portion thereof. |
|---|
| 2260 | 2272 | | |
|---|
| 2261 | 2273 | | SEC. 114. Section 55064 of the Revenue and Taxation Code is amended to read:55064. If before the expiration of the time prescribed in Section 55062 for serving a notice of deficiency determination the feepayer has consented in writing to service of the notice after that time, the notice may be served at any time prior to the expiration of the period agreed upon. The period so agreed upon may be extended by subsequent agreements in writing made before the expiration of the period previously agreed upon. |
|---|
| 2262 | 2274 | | |
|---|
| 2263 | 2275 | | SEC. 114. Section 55064 of the Revenue and Taxation Code is amended to read: |
|---|
| 2264 | 2276 | | |
|---|
| 2265 | 2277 | | ### SEC. 114. |
|---|
| 2266 | 2278 | | |
|---|
| 2267 | 2279 | | 55064. If before the expiration of the time prescribed in Section 55062 for serving a notice of deficiency determination the feepayer has consented in writing to service of the notice after that time, the notice may be served at any time prior to the expiration of the period agreed upon. The period so agreed upon may be extended by subsequent agreements in writing made before the expiration of the period previously agreed upon. |
|---|
| 2268 | 2280 | | |
|---|
| 2269 | 2281 | | 55064. If before the expiration of the time prescribed in Section 55062 for serving a notice of deficiency determination the feepayer has consented in writing to service of the notice after that time, the notice may be served at any time prior to the expiration of the period agreed upon. The period so agreed upon may be extended by subsequent agreements in writing made before the expiration of the period previously agreed upon. |
|---|
| 2270 | 2282 | | |
|---|
| 2271 | 2283 | | 55064. If before the expiration of the time prescribed in Section 55062 for serving a notice of deficiency determination the feepayer has consented in writing to service of the notice after that time, the notice may be served at any time prior to the expiration of the period agreed upon. The period so agreed upon may be extended by subsequent agreements in writing made before the expiration of the period previously agreed upon. |
|---|
| 2272 | 2284 | | |
|---|
| 2273 | 2285 | | |
|---|
| 2274 | 2286 | | |
|---|
| 2275 | 2287 | | 55064. If before the expiration of the time prescribed in Section 55062 for serving a notice of deficiency determination the feepayer has consented in writing to service of the notice after that time, the notice may be served at any time prior to the expiration of the period agreed upon. The period so agreed upon may be extended by subsequent agreements in writing made before the expiration of the period previously agreed upon. |
|---|
| 2276 | 2288 | | |
|---|
| 2277 | 2289 | | SEC. 115. Section 55087 of the Revenue and Taxation Code is amended to read:55087. Any notice required by this article shall be served in the same manner as prescribed for service of notice by subdivision (d) of Section 55061. |
|---|
| 2278 | 2290 | | |
|---|
| 2279 | 2291 | | SEC. 115. Section 55087 of the Revenue and Taxation Code is amended to read: |
|---|
| 2280 | 2292 | | |
|---|
| 2281 | 2293 | | ### SEC. 115. |
|---|
| 2282 | 2294 | | |
|---|
| 2283 | 2295 | | 55087. Any notice required by this article shall be served in the same manner as prescribed for service of notice by subdivision (d) of Section 55061. |
|---|
| 2284 | 2296 | | |
|---|
| 2285 | 2297 | | 55087. Any notice required by this article shall be served in the same manner as prescribed for service of notice by subdivision (d) of Section 55061. |
|---|
| 2286 | 2298 | | |
|---|
| 2287 | 2299 | | 55087. Any notice required by this article shall be served in the same manner as prescribed for service of notice by subdivision (d) of Section 55061. |
|---|
| 2288 | 2300 | | |
|---|
| 2289 | 2301 | | |
|---|
| 2290 | 2302 | | |
|---|
| 2291 | 2303 | | 55087. Any notice required by this article shall be served in the same manner as prescribed for service of notice by subdivision (d) of Section 55061. |
|---|
| 2292 | 2304 | | |
|---|
| 2293 | 2305 | | SEC. 116. Section 55102 of the Revenue and Taxation Code is amended to read:55102. The feepayer against whom a jeopardy determination is made may file a petition for redetermination thereof, pursuant to Article 3 (commencing with Section 55081), with the department within 10 days after the service upon the feepayer of notice of the determination, but they shall, within the 10-day period, deposit with the department any security that it deems necessary to ensure compliance with the provisions of this part. The security may be sold by the department at public sale if it becomes necessary to do so in order to recover any amount due under this part. Notice of the sale may be served upon the person who deposited the security in the same manner as prescribed for service of notice by Section 55061. Upon any such sale, the surplus, if any, above the amount due under this part shall be returned to the person who deposited the security. |
|---|
| 2294 | 2306 | | |
|---|
| 2295 | 2307 | | SEC. 116. Section 55102 of the Revenue and Taxation Code is amended to read: |
|---|
| 2296 | 2308 | | |
|---|
| 2297 | 2309 | | ### SEC. 116. |
|---|
| 2298 | 2310 | | |
|---|
| 2299 | 2311 | | 55102. The feepayer against whom a jeopardy determination is made may file a petition for redetermination thereof, pursuant to Article 3 (commencing with Section 55081), with the department within 10 days after the service upon the feepayer of notice of the determination, but they shall, within the 10-day period, deposit with the department any security that it deems necessary to ensure compliance with the provisions of this part. The security may be sold by the department at public sale if it becomes necessary to do so in order to recover any amount due under this part. Notice of the sale may be served upon the person who deposited the security in the same manner as prescribed for service of notice by Section 55061. Upon any such sale, the surplus, if any, above the amount due under this part shall be returned to the person who deposited the security. |
|---|
| 2300 | 2312 | | |
|---|
| 2301 | 2313 | | 55102. The feepayer against whom a jeopardy determination is made may file a petition for redetermination thereof, pursuant to Article 3 (commencing with Section 55081), with the department within 10 days after the service upon the feepayer of notice of the determination, but they shall, within the 10-day period, deposit with the department any security that it deems necessary to ensure compliance with the provisions of this part. The security may be sold by the department at public sale if it becomes necessary to do so in order to recover any amount due under this part. Notice of the sale may be served upon the person who deposited the security in the same manner as prescribed for service of notice by Section 55061. Upon any such sale, the surplus, if any, above the amount due under this part shall be returned to the person who deposited the security. |
|---|
| 2302 | 2314 | | |
|---|
| 2303 | 2315 | | 55102. The feepayer against whom a jeopardy determination is made may file a petition for redetermination thereof, pursuant to Article 3 (commencing with Section 55081), with the department within 10 days after the service upon the feepayer of notice of the determination, but they shall, within the 10-day period, deposit with the department any security that it deems necessary to ensure compliance with the provisions of this part. The security may be sold by the department at public sale if it becomes necessary to do so in order to recover any amount due under this part. Notice of the sale may be served upon the person who deposited the security in the same manner as prescribed for service of notice by Section 55061. Upon any such sale, the surplus, if any, above the amount due under this part shall be returned to the person who deposited the security. |
|---|
| 2304 | 2316 | | |
|---|
| 2305 | 2317 | | |
|---|
| 2306 | 2318 | | |
|---|
| 2307 | 2319 | | 55102. The feepayer against whom a jeopardy determination is made may file a petition for redetermination thereof, pursuant to Article 3 (commencing with Section 55081), with the department within 10 days after the service upon the feepayer of notice of the determination, but they shall, within the 10-day period, deposit with the department any security that it deems necessary to ensure compliance with the provisions of this part. The security may be sold by the department at public sale if it becomes necessary to do so in order to recover any amount due under this part. Notice of the sale may be served upon the person who deposited the security in the same manner as prescribed for service of notice by Section 55061. Upon any such sale, the surplus, if any, above the amount due under this part shall be returned to the person who deposited the security. |
|---|
| 2308 | 2320 | | |
|---|
| 2309 | 2321 | | SEC. 117. Section 55262.5 of the Revenue and Taxation Code is amended to read:55262.5. (a) Notwithstanding any other provision of this part, if the department finds that neither the person liable for payment of fees nor any party related to that person has in any way caused an erroneous refund for which an action for recovery is provided under Section 55261, no interest shall be imposed on the amount of that erroneous refund until 30 days after the date on which the department serves a notice of determination for repayment of the erroneous refund to the person. The act of filing a claim for refund shall not be considered as causing the erroneous refund.(b) This section shall be operative for any action for recovery under Section 55261 on or after January 1, 2000. |
|---|
| 2310 | 2322 | | |
|---|
| 2311 | 2323 | | SEC. 117. Section 55262.5 of the Revenue and Taxation Code is amended to read: |
|---|
| 2312 | 2324 | | |
|---|
| 2313 | 2325 | | ### SEC. 117. |
|---|
| 2314 | 2326 | | |
|---|
| 2315 | 2327 | | 55262.5. (a) Notwithstanding any other provision of this part, if the department finds that neither the person liable for payment of fees nor any party related to that person has in any way caused an erroneous refund for which an action for recovery is provided under Section 55261, no interest shall be imposed on the amount of that erroneous refund until 30 days after the date on which the department serves a notice of determination for repayment of the erroneous refund to the person. The act of filing a claim for refund shall not be considered as causing the erroneous refund.(b) This section shall be operative for any action for recovery under Section 55261 on or after January 1, 2000. |
|---|
| 2316 | 2328 | | |
|---|
| 2317 | 2329 | | 55262.5. (a) Notwithstanding any other provision of this part, if the department finds that neither the person liable for payment of fees nor any party related to that person has in any way caused an erroneous refund for which an action for recovery is provided under Section 55261, no interest shall be imposed on the amount of that erroneous refund until 30 days after the date on which the department serves a notice of determination for repayment of the erroneous refund to the person. The act of filing a claim for refund shall not be considered as causing the erroneous refund.(b) This section shall be operative for any action for recovery under Section 55261 on or after January 1, 2000. |
|---|
| 2318 | 2330 | | |
|---|
| 2319 | 2331 | | 55262.5. (a) Notwithstanding any other provision of this part, if the department finds that neither the person liable for payment of fees nor any party related to that person has in any way caused an erroneous refund for which an action for recovery is provided under Section 55261, no interest shall be imposed on the amount of that erroneous refund until 30 days after the date on which the department serves a notice of determination for repayment of the erroneous refund to the person. The act of filing a claim for refund shall not be considered as causing the erroneous refund.(b) This section shall be operative for any action for recovery under Section 55261 on or after January 1, 2000. |
|---|
| 2320 | 2332 | | |
|---|
| 2321 | 2333 | | |
|---|
| 2322 | 2334 | | |
|---|
| 2323 | 2335 | | 55262.5. (a) Notwithstanding any other provision of this part, if the department finds that neither the person liable for payment of fees nor any party related to that person has in any way caused an erroneous refund for which an action for recovery is provided under Section 55261, no interest shall be imposed on the amount of that erroneous refund until 30 days after the date on which the department serves a notice of determination for repayment of the erroneous refund to the person. The act of filing a claim for refund shall not be considered as causing the erroneous refund. |
|---|
| 2324 | 2336 | | |
|---|
| 2325 | 2337 | | (b) This section shall be operative for any action for recovery under Section 55261 on or after January 1, 2000. |
|---|
| 2326 | 2338 | | |
|---|
| 2327 | 2339 | | SEC. 118. Section 60014 is added to the Revenue and Taxation Code, to read:60014. Board or department means the California Department of Tax and Fee Administration. |
|---|
| 2328 | 2340 | | |
|---|
| 2329 | 2341 | | SEC. 118. Section 60014 is added to the Revenue and Taxation Code, to read: |
|---|
| 2330 | 2342 | | |
|---|
| 2331 | 2343 | | ### SEC. 118. |
|---|
| 2332 | 2344 | | |
|---|
| 2333 | 2345 | | 60014. Board or department means the California Department of Tax and Fee Administration. |
|---|
| 2334 | 2346 | | |
|---|
| 2335 | 2347 | | 60014. Board or department means the California Department of Tax and Fee Administration. |
|---|
| 2336 | 2348 | | |
|---|
| 2337 | 2349 | | 60014. Board or department means the California Department of Tax and Fee Administration. |
|---|
| 2338 | 2350 | | |
|---|
| 2339 | 2351 | | |
|---|
| 2340 | 2352 | | |
|---|
| 2341 | 2353 | | 60014. Board or department means the California Department of Tax and Fee Administration. |
|---|
| 2342 | 2354 | | |
|---|
| 2343 | 2355 | | SEC. 119. Section 60311 of the Revenue and Taxation Code is amended to read:60311. The department shall give the person written notice of its determination. The notice shall be served in one of the following manners:(a) By placing the notice in a sealed envelope, with postage paid, addressed to the person at that persons address as it appears in the records of the department. Service made pursuant to this subdivision shall be deemed complete at the time of the deposit of the notice in the United States Post Office, or a mailbox, sub-post office, substation, or mail chute, or other facility maintained or provided by the United States Postal Service, without extension of time for any reason.(b) By personally delivering the notice to the person to be served. Service made pursuant to this subdivision shall be deemed complete at the time of that delivery. Personal service to a corporation may be made by delivery of a notice to any person designated in the Code of Civil Procedure to be served for the corporation with summons and complaint in a civil action.(c) (1) By delivering the notice electronically via secure transmission when either of the following applies:(A) The taxpayer requests the notice of determination to be sent electronically via secure transmission.(B) The department has evidence that the taxpayer no longer receives mail at the address of record and has previously provided an address for electronic mail.(2) Service provided pursuant to paragraph (1) shall be deemed complete at the time the department electronically transmits the notice via the taxpayers secure web portal, without extension of time for any reason. |
|---|
| 2344 | 2356 | | |
|---|
| 2345 | 2357 | | SEC. 119. Section 60311 of the Revenue and Taxation Code is amended to read: |
|---|
| 2346 | 2358 | | |
|---|
| 2347 | 2359 | | ### SEC. 119. |
|---|
| 2348 | 2360 | | |
|---|
| 2349 | 2361 | | 60311. The department shall give the person written notice of its determination. The notice shall be served in one of the following manners:(a) By placing the notice in a sealed envelope, with postage paid, addressed to the person at that persons address as it appears in the records of the department. Service made pursuant to this subdivision shall be deemed complete at the time of the deposit of the notice in the United States Post Office, or a mailbox, sub-post office, substation, or mail chute, or other facility maintained or provided by the United States Postal Service, without extension of time for any reason.(b) By personally delivering the notice to the person to be served. Service made pursuant to this subdivision shall be deemed complete at the time of that delivery. Personal service to a corporation may be made by delivery of a notice to any person designated in the Code of Civil Procedure to be served for the corporation with summons and complaint in a civil action.(c) (1) By delivering the notice electronically via secure transmission when either of the following applies:(A) The taxpayer requests the notice of determination to be sent electronically via secure transmission.(B) The department has evidence that the taxpayer no longer receives mail at the address of record and has previously provided an address for electronic mail.(2) Service provided pursuant to paragraph (1) shall be deemed complete at the time the department electronically transmits the notice via the taxpayers secure web portal, without extension of time for any reason. |
|---|
| 2350 | 2362 | | |
|---|
| 2351 | 2363 | | 60311. The department shall give the person written notice of its determination. The notice shall be served in one of the following manners:(a) By placing the notice in a sealed envelope, with postage paid, addressed to the person at that persons address as it appears in the records of the department. Service made pursuant to this subdivision shall be deemed complete at the time of the deposit of the notice in the United States Post Office, or a mailbox, sub-post office, substation, or mail chute, or other facility maintained or provided by the United States Postal Service, without extension of time for any reason.(b) By personally delivering the notice to the person to be served. Service made pursuant to this subdivision shall be deemed complete at the time of that delivery. Personal service to a corporation may be made by delivery of a notice to any person designated in the Code of Civil Procedure to be served for the corporation with summons and complaint in a civil action.(c) (1) By delivering the notice electronically via secure transmission when either of the following applies:(A) The taxpayer requests the notice of determination to be sent electronically via secure transmission.(B) The department has evidence that the taxpayer no longer receives mail at the address of record and has previously provided an address for electronic mail.(2) Service provided pursuant to paragraph (1) shall be deemed complete at the time the department electronically transmits the notice via the taxpayers secure web portal, without extension of time for any reason. |
|---|
| 2352 | 2364 | | |
|---|
| 2353 | 2365 | | 60311. The department shall give the person written notice of its determination. The notice shall be served in one of the following manners:(a) By placing the notice in a sealed envelope, with postage paid, addressed to the person at that persons address as it appears in the records of the department. Service made pursuant to this subdivision shall be deemed complete at the time of the deposit of the notice in the United States Post Office, or a mailbox, sub-post office, substation, or mail chute, or other facility maintained or provided by the United States Postal Service, without extension of time for any reason.(b) By personally delivering the notice to the person to be served. Service made pursuant to this subdivision shall be deemed complete at the time of that delivery. Personal service to a corporation may be made by delivery of a notice to any person designated in the Code of Civil Procedure to be served for the corporation with summons and complaint in a civil action.(c) (1) By delivering the notice electronically via secure transmission when either of the following applies:(A) The taxpayer requests the notice of determination to be sent electronically via secure transmission.(B) The department has evidence that the taxpayer no longer receives mail at the address of record and has previously provided an address for electronic mail.(2) Service provided pursuant to paragraph (1) shall be deemed complete at the time the department electronically transmits the notice via the taxpayers secure web portal, without extension of time for any reason. |
|---|
| 2354 | 2366 | | |
|---|
| 2355 | 2367 | | |
|---|
| 2356 | 2368 | | |
|---|
| 2357 | 2369 | | 60311. The department shall give the person written notice of its determination. The notice shall be served in one of the following manners: |
|---|
| 2358 | 2370 | | |
|---|
| 2359 | 2371 | | (a) By placing the notice in a sealed envelope, with postage paid, addressed to the person at that persons address as it appears in the records of the department. Service made pursuant to this subdivision shall be deemed complete at the time of the deposit of the notice in the United States Post Office, or a mailbox, sub-post office, substation, or mail chute, or other facility maintained or provided by the United States Postal Service, without extension of time for any reason. |
|---|
| 2360 | 2372 | | |
|---|
| 2361 | 2373 | | (b) By personally delivering the notice to the person to be served. Service made pursuant to this subdivision shall be deemed complete at the time of that delivery. Personal service to a corporation may be made by delivery of a notice to any person designated in the Code of Civil Procedure to be served for the corporation with summons and complaint in a civil action. |
|---|
| 2362 | 2374 | | |
|---|
| 2363 | 2375 | | (c) (1) By delivering the notice electronically via secure transmission when either of the following applies: |
|---|
| 2364 | 2376 | | |
|---|
| 2365 | 2377 | | (A) The taxpayer requests the notice of determination to be sent electronically via secure transmission. |
|---|
| 2366 | 2378 | | |
|---|
| 2367 | 2379 | | (B) The department has evidence that the taxpayer no longer receives mail at the address of record and has previously provided an address for electronic mail. |
|---|
| 2368 | 2380 | | |
|---|
| 2369 | 2381 | | (2) Service provided pursuant to paragraph (1) shall be deemed complete at the time the department electronically transmits the notice via the taxpayers secure web portal, without extension of time for any reason. |
|---|
| 2370 | 2382 | | |
|---|
| 2371 | 2383 | | SEC. 120. Section 60315 of the Revenue and Taxation Code is amended to read:60315. Except in the case of fraud, intent to evade this part or authorized rules and regulations, or failure to make a return, every notice of a deficiency determination shall be served to the person within three years after the last day of the calendar month following the reporting period for which the amount is proposed to be determined or within three years after the return is filed, whichever period expires later. In the case of a failure to make a return, the notice of determination shall be served within eight years after the date the return was due. |
|---|
| 2372 | 2384 | | |
|---|
| 2373 | 2385 | | SEC. 120. Section 60315 of the Revenue and Taxation Code is amended to read: |
|---|
| 2374 | 2386 | | |
|---|
| 2375 | 2387 | | ### SEC. 120. |
|---|
| 2376 | 2388 | | |
|---|
| 2377 | 2389 | | 60315. Except in the case of fraud, intent to evade this part or authorized rules and regulations, or failure to make a return, every notice of a deficiency determination shall be served to the person within three years after the last day of the calendar month following the reporting period for which the amount is proposed to be determined or within three years after the return is filed, whichever period expires later. In the case of a failure to make a return, the notice of determination shall be served within eight years after the date the return was due. |
|---|
| 2378 | 2390 | | |
|---|
| 2379 | 2391 | | 60315. Except in the case of fraud, intent to evade this part or authorized rules and regulations, or failure to make a return, every notice of a deficiency determination shall be served to the person within three years after the last day of the calendar month following the reporting period for which the amount is proposed to be determined or within three years after the return is filed, whichever period expires later. In the case of a failure to make a return, the notice of determination shall be served within eight years after the date the return was due. |
|---|
| 2380 | 2392 | | |
|---|
| 2381 | 2393 | | 60315. Except in the case of fraud, intent to evade this part or authorized rules and regulations, or failure to make a return, every notice of a deficiency determination shall be served to the person within three years after the last day of the calendar month following the reporting period for which the amount is proposed to be determined or within three years after the return is filed, whichever period expires later. In the case of a failure to make a return, the notice of determination shall be served within eight years after the date the return was due. |
|---|
| 2382 | 2394 | | |
|---|
| 2383 | 2395 | | |
|---|
| 2384 | 2396 | | |
|---|
| 2385 | 2397 | | 60315. Except in the case of fraud, intent to evade this part or authorized rules and regulations, or failure to make a return, every notice of a deficiency determination shall be served to the person within three years after the last day of the calendar month following the reporting period for which the amount is proposed to be determined or within three years after the return is filed, whichever period expires later. In the case of a failure to make a return, the notice of determination shall be served within eight years after the date the return was due. |
|---|
| 2386 | 2398 | | |
|---|
| 2387 | 2399 | | SEC. 121. Section 60316 of the Revenue and Taxation Code is amended to read:60316. In the case of a deficiency arising under this part during the lifetime of a decedent, a notice of deficiency determination shall be served within four months after written request therefor, in the form required by the department, by the fiduciary of the estate or trust or by any other person liable for the tax or any portion thereof. |
|---|
| 2388 | 2400 | | |
|---|
| 2389 | 2401 | | SEC. 121. Section 60316 of the Revenue and Taxation Code is amended to read: |
|---|
| 2390 | 2402 | | |
|---|
| 2391 | 2403 | | ### SEC. 121. |
|---|
| 2392 | 2404 | | |
|---|
| 2393 | 2405 | | 60316. In the case of a deficiency arising under this part during the lifetime of a decedent, a notice of deficiency determination shall be served within four months after written request therefor, in the form required by the department, by the fiduciary of the estate or trust or by any other person liable for the tax or any portion thereof. |
|---|
| 2394 | 2406 | | |
|---|
| 2395 | 2407 | | 60316. In the case of a deficiency arising under this part during the lifetime of a decedent, a notice of deficiency determination shall be served within four months after written request therefor, in the form required by the department, by the fiduciary of the estate or trust or by any other person liable for the tax or any portion thereof. |
|---|
| 2396 | 2408 | | |
|---|
| 2397 | 2409 | | 60316. In the case of a deficiency arising under this part during the lifetime of a decedent, a notice of deficiency determination shall be served within four months after written request therefor, in the form required by the department, by the fiduciary of the estate or trust or by any other person liable for the tax or any portion thereof. |
|---|
| 2398 | 2410 | | |
|---|
| 2399 | 2411 | | |
|---|
| 2400 | 2412 | | |
|---|
| 2401 | 2413 | | 60316. In the case of a deficiency arising under this part during the lifetime of a decedent, a notice of deficiency determination shall be served within four months after written request therefor, in the form required by the department, by the fiduciary of the estate or trust or by any other person liable for the tax or any portion thereof. |
|---|
| 2402 | 2414 | | |
|---|
| 2403 | 2415 | | SEC. 122. Section 60317 of the Revenue and Taxation Code is amended to read:60317. If before the expiration of the time prescribed in Section 60315 for serving a notice of deficiency determination the taxpayer has consented in writing to service of the notice after that time, the notice may be served at any time prior to the expiration of the period agreed upon. The period so agreed upon may be extended by subsequent agreements in writing made before the expiration of the period previously agreed upon. |
|---|
| 2404 | 2416 | | |
|---|
| 2405 | 2417 | | SEC. 122. Section 60317 of the Revenue and Taxation Code is amended to read: |
|---|
| 2406 | 2418 | | |
|---|
| 2407 | 2419 | | ### SEC. 122. |
|---|
| 2408 | 2420 | | |
|---|
| 2409 | 2421 | | 60317. If before the expiration of the time prescribed in Section 60315 for serving a notice of deficiency determination the taxpayer has consented in writing to service of the notice after that time, the notice may be served at any time prior to the expiration of the period agreed upon. The period so agreed upon may be extended by subsequent agreements in writing made before the expiration of the period previously agreed upon. |
|---|
| 2410 | 2422 | | |
|---|
| 2411 | 2423 | | 60317. If before the expiration of the time prescribed in Section 60315 for serving a notice of deficiency determination the taxpayer has consented in writing to service of the notice after that time, the notice may be served at any time prior to the expiration of the period agreed upon. The period so agreed upon may be extended by subsequent agreements in writing made before the expiration of the period previously agreed upon. |
|---|
| 2412 | 2424 | | |
|---|
| 2413 | 2425 | | 60317. If before the expiration of the time prescribed in Section 60315 for serving a notice of deficiency determination the taxpayer has consented in writing to service of the notice after that time, the notice may be served at any time prior to the expiration of the period agreed upon. The period so agreed upon may be extended by subsequent agreements in writing made before the expiration of the period previously agreed upon. |
|---|
| 2414 | 2426 | | |
|---|
| 2415 | 2427 | | |
|---|
| 2416 | 2428 | | |
|---|
| 2417 | 2429 | | 60317. If before the expiration of the time prescribed in Section 60315 for serving a notice of deficiency determination the taxpayer has consented in writing to service of the notice after that time, the notice may be served at any time prior to the expiration of the period agreed upon. The period so agreed upon may be extended by subsequent agreements in writing made before the expiration of the period previously agreed upon. |
|---|
| 2418 | 2430 | | |
|---|
| 2419 | 2431 | | SEC. 123. Section 60340 of the Revenue and Taxation Code is amended to read:60340. Any notice required by this article may be served in the manner prescribed for service of notice of a deficiency determination. |
|---|
| 2420 | 2432 | | |
|---|
| 2421 | 2433 | | SEC. 123. Section 60340 of the Revenue and Taxation Code is amended to read: |
|---|
| 2422 | 2434 | | |
|---|
| 2423 | 2435 | | ### SEC. 123. |
|---|
| 2424 | 2436 | | |
|---|
| 2425 | 2437 | | 60340. Any notice required by this article may be served in the manner prescribed for service of notice of a deficiency determination. |
|---|
| 2426 | 2438 | | |
|---|
| 2427 | 2439 | | 60340. Any notice required by this article may be served in the manner prescribed for service of notice of a deficiency determination. |
|---|
| 2428 | 2440 | | |
|---|
| 2429 | 2441 | | 60340. Any notice required by this article may be served in the manner prescribed for service of notice of a deficiency determination. |
|---|
| 2430 | 2442 | | |
|---|
| 2431 | 2443 | | |
|---|
| 2432 | 2444 | | |
|---|
| 2433 | 2445 | | 60340. Any notice required by this article may be served in the manner prescribed for service of notice of a deficiency determination. |
|---|
| 2434 | 2446 | | |
|---|
| 2435 | 2447 | | SEC. 124. Section 60564 of the Revenue and Taxation Code is amended to read:60564. (a) Notwithstanding any other provision of this part, if the department finds that neither the person liable for payment of tax nor any party related to that person has in any way caused an erroneous refund for which an action for recovery is provided under Section 60561, no interest shall be imposed on the amount of that erroneous refund until 30 days after the date on which the department serves a notice of determination for repayment of the erroneous refund to the person. The act of filing a claim for refund shall not be considered as causing the erroneous refund.(b) This section shall be operative for any action for recovery under Section 60561 on or after January 1, 2000. |
|---|
| 2436 | 2448 | | |
|---|
| 2437 | 2449 | | SEC. 124. Section 60564 of the Revenue and Taxation Code is amended to read: |
|---|
| 2438 | 2450 | | |
|---|
| 2439 | 2451 | | ### SEC. 124. |
|---|
| 2440 | 2452 | | |
|---|
| 2441 | 2453 | | 60564. (a) Notwithstanding any other provision of this part, if the department finds that neither the person liable for payment of tax nor any party related to that person has in any way caused an erroneous refund for which an action for recovery is provided under Section 60561, no interest shall be imposed on the amount of that erroneous refund until 30 days after the date on which the department serves a notice of determination for repayment of the erroneous refund to the person. The act of filing a claim for refund shall not be considered as causing the erroneous refund.(b) This section shall be operative for any action for recovery under Section 60561 on or after January 1, 2000. |
|---|
| 2442 | 2454 | | |
|---|
| 2443 | 2455 | | 60564. (a) Notwithstanding any other provision of this part, if the department finds that neither the person liable for payment of tax nor any party related to that person has in any way caused an erroneous refund for which an action for recovery is provided under Section 60561, no interest shall be imposed on the amount of that erroneous refund until 30 days after the date on which the department serves a notice of determination for repayment of the erroneous refund to the person. The act of filing a claim for refund shall not be considered as causing the erroneous refund.(b) This section shall be operative for any action for recovery under Section 60561 on or after January 1, 2000. |
|---|
| 2444 | 2456 | | |
|---|
| 2445 | 2457 | | 60564. (a) Notwithstanding any other provision of this part, if the department finds that neither the person liable for payment of tax nor any party related to that person has in any way caused an erroneous refund for which an action for recovery is provided under Section 60561, no interest shall be imposed on the amount of that erroneous refund until 30 days after the date on which the department serves a notice of determination for repayment of the erroneous refund to the person. The act of filing a claim for refund shall not be considered as causing the erroneous refund.(b) This section shall be operative for any action for recovery under Section 60561 on or after January 1, 2000. |
|---|
| 2446 | 2458 | | |
|---|
| 2447 | 2459 | | |
|---|
| 2448 | 2460 | | |
|---|
| 2449 | 2461 | | 60564. (a) Notwithstanding any other provision of this part, if the department finds that neither the person liable for payment of tax nor any party related to that person has in any way caused an erroneous refund for which an action for recovery is provided under Section 60561, no interest shall be imposed on the amount of that erroneous refund until 30 days after the date on which the department serves a notice of determination for repayment of the erroneous refund to the person. The act of filing a claim for refund shall not be considered as causing the erroneous refund. |
|---|
| 2450 | 2462 | | |
|---|
| 2451 | 2463 | | (b) This section shall be operative for any action for recovery under Section 60561 on or after January 1, 2000. |
|---|