Laws, Regulations & Annotations

Business Taxes Law Guide – Revision 2012
 

Tax on Insurers Law

Chapter 5. Payment and Collection.

Article 2. Interest and Penalties*

Section 12636.5

Text of section operative through June 30, deletion2012

12636.5. Application of payment to delinquent tax liabilities. (a) Every payment on an insurer's, surplus line broker's, or Medi-Cal managed care plan's delinquent annual tax shall be applied as follows:

(1) First, to any interest due on the tax.

(2) Second, to any penalty imposed by this part.

(3) The balance, if any, to the tax itself.

(b) This section shall become inoperative on July 1, deletion2012, and, as of January 1, deletion2013, is repealed, unless a later enacted statute, that becomes operative on or before deletionJuly 1, 2012, deletes or extends the dates on which it becomes inoperative and is repealed.

History.—Added by Stats. 1990, Ch. 987 (SB 1898), in effect January 1, 1991, as Section 12636. Renumbered by Stats. 1991, Ch. 1091 (AB 1487). Stats. 2005, Ch. 231 (AB 1424), in effect January 1, 2006, substituted "an" for "a", added "an insurer's or surplus line broker's" after "Every payment on", and inserted "annual" between "delinquent" and "tax" in the first sentence. Stats. 2009, Ch. 157 (AB 1422), in effect September 22, 2009, designated first sentence as subdivision (a), deleted "or" and added a comma before "surplus line broker's", and added ", or Medi-Cal managed care plan's" after "surplus line broker's,", and redesignated former subdivisions (a), (b), and (c) as paragraphs (1), (2), and (3), respectively, in subdivision (a); and added subdivision (b). Stats. 2010, Ch. 717 (SB 853), in effect October 19, 2010, deleted former subdivision (b) which provided that "This section shall remain in effect only until January 1, 2011, and as of that date is repealed." and added the new subdivision (b). Stats. 2011, Ch. 11x1 (ABx1 21), in effect September 16, 2011, substituted "2012" for "2011" after "inoperative on July 1,", substituted "2013" for "2012" after "as of January 1,", substituted "July" for "January" after "operative on or before" in subdivision (b).

Text of section operative July 1, deletion2012

12636.5. Application of payment to delinquent tax liabilities. (a) Every payment on an insurer's or surplus line broker' s delinquent annual tax shall be applied as follows:

(1) First, to any interest due on the tax.

(2) Second, to any penalty imposed by this part.

(3) The balance, if any, to the tax itself.

(b) This section shall become operative on July 1, deletion2012.

History.—Added by Stats. 2009, Ch. 157 (AB 1422), in effect September 22, 2009, but operative January 1, 2011. Stats. 2010, Ch. 717 (SB 853), in effect October 19, 2010, substituted "July 1, 2011" for "January 1, 2011" after "operative on" in subdivision (b). Stats. 2011, Ch. 11x1 (ABx1 21), in effect September 16, 2011, substituted "2012" for "2011" after "operative on July 1," in subdivision (b).

* Former Article 2, Suits for Taxes, was renumbered as Article 3 by Stats. 1961, p. 1988, operative January 1, 1962.