Laws, Regulations & Annotations

Business Taxes Law Guide – Revision 2011
 

Fee Collection Procedures Law

Chapter 3. Determinations

Article 1. Returns and Payments

Section 55046

55046. Relief of interest. (a) The board, in its discretion, may relieve all or any part of the interest imposed on a person by this part where the failure to pay fees is due in whole or in part to an unreasonable error or delay by an employee of the board acting in his or her official capacity.

(b) For purposes of this section, an error or delay shall be deemed to have occurred only if no significant aspect of the error or delay is attributable to an act of, or a failure to act by, the fee payer.

(c) Any person seeking relief under this section shall file with the board a statement under penalty of perjury setting forth the facts on which the claim for relief is based and any other information which the board may require.

(d) The board may grant relief only for interest imposed on fee liabilities that arise during taxable periods commencing on or after January 1, 2000.

History.—Added by Stats. 1999, Ch. 929 (AB 1638), in effect January 1, 2000. Stats. 2000, Ch. 923 (AB 2894), effective January 1, 2001, deleted "or" after "not made timely," in subdivision (a). Stats. 2001, Ch. 251 (AB 1123), substituted "this part" for "Section 55043 and . . . made timely, or" in subdivision (a), effective January 1, 2002.