Laws, Regulations & Annotations

Business Taxes Law Guide – Revision 2011

Alcoholic Beverage Tax Law


Article 3. Seizure and Sale

Section 32374

32374. Disposition of proceeds. If upon the sale the moneys received exceed the amount of all license taxes, penalties, and costs due the state from the taxpayer, the board shall return the excess to him or her and obtain his or her receipt. If any person having an interest in or lien upon the property files with the board prior to the sale notice of his or her interest, the board shall withhold any excess pending a determination of the rights of the respective parties to the property by a court of competent jurisdiction. If for any reason the receipt of the taxpayer is not available, the board shall deposit the excess moneys with the Controller, as trustee for the owner, subject to the order of the taxpayer, his or her heirs, successors, or assigns.

History.—Stats. 1996, Ch. 860, in effect January 1, 1997, substituted "state" for "State" after "costs due the", and added "or her" after "excess to him" and after "and obtain his", in the first sentence, added "or her" after "notice of his", and substituted "to the property" for "thereto" after "the respective parties", in the second sentence, substituted "Controller" for "State Treasurer" after "moneys with the", and added "or her" after "the taxpayer, his", in the last sentence.