Laws, Regulations & Annotations

Business Taxes Law Guide – Revision 2010
 

Tax on Insurers Law

Chapter 5. Payment and Collection.

Article 2. Interest and Penalties*

Section 12636.5

12636.5. Application of payment to delinquent tax liabilities. (a) Every payment on an insurer's, deletionsurplus line broker's, or Medi-Cal managed care plan's delinquent annual tax shall be applied as follows:

deletion(1) First, to any interest due on the tax.

deletion(2) Second, to any penalty imposed by this part.

deletion(3) The balance, if any, to the tax itself.

(b) This section shall remain in effect only until January 1, 2011, and as of that date is repealed.

History.—Added by Stats. 1990, Ch. 987 (SB 1898), in effect January 1, 1991, as Section 12636. Renumbered by Stats. 1991, Ch. 1091 (AB 1487). Stats. 2005, Ch. 231 (AB 1424), in effect January 1, 2006, substituted "an" for "a", added "an insurer's or surplus line broker's" after "Every payment on", and inserted "annual" between "delinquent" and "tax" in the first sentence. Stats. 2009, Ch. 157 (AB 1422), in effect September 22, 2009, designated first sentence as subdivision (a), deleted "or" and added a comma before "surplus line broker's", and added ", or Medi-Cal managed care plan's" after "surplus line broker's,", and redesignated former subdivisions (a), (b), and (c) as paragraphs (1), (2), and (3), respectively, in subdivision (a); and added subdivision (b).

Text of section operative January 1, 2011

12636.5. Application of payment to delinquent tax liabilities. (a) Every payment on an insurer's or surplus line broker' s delinquent annual tax shall be applied as follows:

(1) First, to any interest due on the tax.

(2) Second, to any penalty imposed by this part.

(3) The balance, if any, to the tax itself.

(b) This section shall become operative on January 1, 2011.

History.—Added by Stats. 2009, Ch. 157 (AB 1422), in effect September 22, 2009, but operative January 1, 2011.

* Former Article 2, Suits for Taxes, was renumbered as Article 3 by Stats. 1961, p. 1988, operative January 1, 1962.