Laws, Regulations & Annotations

Business Taxes Law Guide – Revision 2011
 

Sales And Use Tax Law

CHAPTER 5. DETERMINATIONS

Article 6. Interest and Penalties

Section 6591.5

6591.5. Interest rates. (a) (1) For interest required to be paid to the state, "modified adjusted rate per annum" means the adjusted annual rate established pursuant to subdivision (c), plus three percentage points.

(2) For interest required to be paid by the state upon overpayments of tax, "modified adjusted rate per annum" means the adjusted annual rate established pursuant to subdivision (d).

(b) "Modified adjusted rate per month, or fraction thereof" means the modified adjusted rate per annum divided by 12.

(c) The rate established for interest to be paid upon underpayments of tax shall be determined in accordance with the provisions of Section 6621 of the Internal Revenue Code which establish the underpayment rate, except that the determination specified in Section 6621(b) of the Internal Revenue Code shall be modified to be determined semiannually as follows:

(1) The rate for January shall apply for the following July 1 to December 31, inclusive.

(2) The rate for July shall apply for the following January 1 to June 30, inclusive.

(d) (1) Except as provided in paragraph (2), the rate established for interest to be paid by the state upon overpayments of tax shall be equal to the bond equivalent rate of 13-week treasury bills auctioned, rounded to the nearest full percent (or if a multiple of one-half of 1 percent, the rate shall be increased to the next highest full percent), as follows:

(A) The bond equivalent rate of 13-week treasury bills established at the first auction held during the month of January shall apply for the following July 1 to December 31, inclusive.

(B) The bond equivalent rate of 13-week treasury bills established at the first auction held during the month of July shall apply for the following January 1 to June 30, inclusive.

(2) For the period July 1, 1991, through June 30, 1992, the rate to be paid by the state upon overpayments of tax shall be equal to the bond equivalent rate of 13-week treasury bills established at the auction held on July 1, 1991, rounded to the nearest full percent (or if a multiple of one-half of 1 percent, the rate shall be increased to the next highest full percent).

(e) Referencing this method of computation, in computing the amount of any interest required to be paid by the state or by the taxpayer, or any other amount determined by reference to that amount of interest, that interest and that amount shall be computed as simple interest, not compound interest.

History.—Added by Stats. 1984, Ch. 1020, effective January 1, 1985, operative July 1, 1985. Stats. 1990, Ch. 1528, in effect January 1, 1991, substituted "subdivision (c)" for "Section 19269" in subdivision (a) and added subdivisions (c) and (d). Stats. 1991, Ch. 236, in effect July 29, 1991, added "(1) For interest required to be paid to the state" before "modified"; added paragraph (2) of subdivision (a); substituted "for interest to be paid upon underpayments of tax" for "under this section" after "rate established" and substituted "which established . . . as follows:" for "except that:" in subdivision (c); substituted paragraphs (1) and (2) for the former paragraphs (1), (2) and subparagraphs (A) and (B) of subdivision (c) which provided that "(1) the overpayment rate specified in Section 6621(a)(1) of the Internal Revenue Code shall be modified to be equal to the underpayment rate determined under Section 6621(a)(2) of the Internal Revenue Code. (2) The determination specified in Section 6621(b) shall be modified to be determined semiannually as follows: (A) The rate for January shall apply for the following July 1 to December 31, inclusive. (B) The rate for July shall apply for the following January 1 to June 30, inclusive."; and relettered former subdivision (d) as subdivision (e).

Interest on nondischargeable tax debts. Post-petition interest on a tax debt which was not dischargeable under Chapter 11 was also not dischargeable, and the debtor was personally liable for such interest. In re Artisan Woodworkers (Ward v. Board of Equalization) (9th Cir. 2000) 204 F.3d 888.