Laws, Regulations & Annotations

Business Taxes Law Guide – Revision 2012
 

Sales And Use Tax Law

CHAPTER 5. DETERMINATIONS

Article 1.1. Prepayment *

Section 6471

6471. Prepayment. (a) Upon written notification by the board, any person whose estimated measure of tax liability under this part averages seventeen thousand dollars ($17,000) or more per month, as determined by the board, shall, without regard to the measure of tax in any one month make prepayments as prescribed in this section.

(1) In the first, third, and fourth calendar quarters, the person shall prepay not less than 90 percent of the amount of state and local tax liability for each of the first two monthly periods of each quarterly period.

(2) In the second calendar quarter, the person shall make a first prepayment of 90 percent of the amount of state and local tax liability for the first monthly period of the quarterly period and a second prepayment of either of the following:

(A) Ninety percent of the amount of state and local tax liability for the second monthly period of the quarterly period, plus 90 percent of the amount of state and local tax liability for the first 15 days of the third monthly period of the quarterly period.

(B) Ninety percent of the amount of state and local tax liability for the second monthly period of the quarterly period, plus 50 percent of 90 percent of the amount of state and local tax liability for the second monthly period of the quarterly period.

(b) Persons engaged in their present business during all of the corresponding quarterly period of the preceding year, or persons who are successors to a business that was in operation during all of that quarterly period, may satisfy the above monthly prepayment requirements for the first, third, and fourth calendar quarters by payment of an amount equal to one-third of the measure of tax liability reported on the return or returns filed for that quarterly period of the preceding year multiplied by the state and local tax rate in effect during the month for which the prepayment is made. These persons may satisfy their prepayment requirements for the second calendar quarter by making a first prepayment of an amount equal to one-third of the measure of tax liability reported, and a second prepayment of an amount equal to one-half of the measure of tax liability reported, on the return or returns filed for that quarterly period of the preceding year multiplied by the state and local tax rate in effect during the month for which the prepayment is made.

Prepayments shall be made during the quarterly periods designated by the board and during each succeeding quarterly period until further notified in writing by the board.

History.—Added by renumbering former Section 6471.5 by Stats. 1985, Ch. 106, effective January 1, 1986. Stats. 1999, Ch. 484, (AB 384), in effect January 1, 2000, substituted "Ninety" for "Ninety-five"in subparagraphs (A) and (B), and substituted "90" for "95" in paragraph (2), and subparagraphs (A) and (B) therein in subdivision (a); and substituted "that" for "which" after "to a business" in subdivision (b). Stats. 2000, Ch. 135 (AB 2539), in effect January 1, 2001, added a comma after "month" in subdivision (a), substituted "make" for "prepay" after "the person shall", and substituted "the" for "each" after "monthly period of" in subparagraph (2) of subdivision (a); substituted "state and local" for "the" after "the amount of" in subsection (b) of subparagraph (2) of subdivision (a); substituted "These" for "The" after "payment is made." in the second paragraph of, and substituted "periods" for "period" after "succeeding quarterly" in the third paragraph of, subdivision (b).

* Article 1.1 was added by Stats. 196, p. 185, in effect April 18, 1966, operative July 1, 1966.