Laws, Regulations & Annotations

Business Taxes Law Guide – Revision 2011
 

Tax on Insurers Law

Chapter 7. Cancellations and Refunds*

Article 2. Refund or Credit for Collected Taxes²

Section 12979

12979. Form and content of claim. Every claim for refund or credit shall be in writing and shall state the specific grounds upon which it is founded.

History.—Added by Stats. 1957, p. 2471, in effect September 11, 1957. Stats. 1961, p. 1991, operative January 1, 1962, added "refund or" before "credit".

Content of claim.—Statements on the back of payment checks that the payments were under protest subject to claims for refund did not constitute valid claims for refund because the statements failed to state the required specific grounds upon which the refunds were claimed. The insurer therefore had failed to exhaust its administrative remedies. Mercury Casualty Co. v. State Board of Equalization (1986) 179 Cal.App.3d 34.

* Stats. 1961, p. 1990, operative January 1, 1962, amended the title of Chapter 7 from "corrections" to "cancellations and refunds".

² Stats. 1961, p. 1990, operative January 1, 1962, amended the title of Article 2 from "Credit for Collected Taxes" to "Refund or Credit for Collected Taxes".