Laws, Regulations & Annotations

Business Taxes Law Guide – Revision 2010
 

Tax on Insurers Law

Chapter 5. Payment and Collection.

Article 3. Suits for Taxes

Section 12681

12681. Controller's certificate prima facie evidence. (a) In the action, a certificate of the Controller or of the secretary of the board, showing unpaid taxes against an insurer or Medi-Cal managed care plan is prima facie evidence of:

deletion(1) The assessment of the taxes.

deletion(2) The delinquency.

deletion(3) The amount of the taxes, interest, and penalties due and unpaid to the deletionstate.

deletion(4) That the insurer or Medi-Cal managed care plan is indebted to the deletionstate in the amount of taxes, interest, and penalties appearing unpaid.

deletion(5) That there has been compliance with all the requirements of law in relation to the assessment of the taxes.

(b) This section shall remain in effect only until January 1, 2011, and as of that date is repealed.

History.—Stats. 1943, p. 1997, in effect August 4, 1943, substituted the provisions for the certificate in place of a certification of the "Record of Assessments of Insurance Companies." Stats. 1959, p. 1893, in effect April 1, 1959, inserted "interest" under (c) and (d) and deleted "and levy" from (e). Stats. 1961, p. 1989, operative January 1, 1962, renumbered former Section 12681 as present Section 12680 and renumbered former Section 12682 as Section 12681. Stats. 2009, Ch. 157 (AB 1422), in effect September 22, 2009, designated the first five sentences as subdivision (a), redesignated former subdivisions (a) through (e) as paragraphs (1) through (5), respectively, added "or Medi-Cal managed care plan" after "an insurer" in the first sentence and after "That the insurer" in paragraph (4) of, and substituted "state" for "State" in paragraphs (3) and (4) of subdivision (a); and added subdivision (b).

Text of section operative January 1, 2011

12681. Controller's certificate prima facie evidence. (a) In the action, a certificate of the Controller or of the secretary of the board, showing unpaid taxes against an insurer is prima facie evidence of:

(1) The assessment of the taxes.

(2) The delinquency.

(3) The amount of the taxes, interest, and penalties due and unpaid to the state.

(4) That the insurer is indebted to the state in the amount of taxes, interest, and penalties appearing unpaid.

(5) That there has been compliance with all the requirements of law in relation to the assessment of the taxes.

(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.