Laws, Regulations & Annotations

Business Taxes Law Guide – Revision 2013
 

Sales And Use Tax Law

CHAPTER 5. DETERMINATIONS

Article 1.2. Payment by Electronic Funds Transfer *

Section 6479.3

6479.3. Electronic funds transfer payments. (a) Any person whose estimated tax liability under this part averages ten thousand dollars ($10,000) or more per month, as determined by the board pursuant to methods of calculation prescribed by the board, shall remit amounts due by an electronic funds transfer under procedures prescribed by the board. Any person who collects use tax on a voluntary basis is not required to remit amounts due by electronic funds transfer.

(b) Any person whose estimated tax liability under this part averages less than ten thousand dollars ($10,000) per month or any person who voluntarily collects use tax may elect to remit amounts due by electronic funds transfer with the approval of the board.

(c) Any person remitting amounts due pursuant to subdivision (a) or (b) shall perform electronic funds transfer in compliance with the due dates set forth in Article 1 (commencing with Section 6451) and Article 1.1 (commencing with Section 6470). Payment is deemed complete on the date the electronic funds transfer is initiated, if settlement to the state's demand account occurs on or before the banking day following the date the transfer is initiated. If settlement to the state's demand account does not occur on or before the banking day following the date the transfer is initiated, payment is deemed to occur on the date settlement occurs.

(d) Any person remitting taxes by electronic funds transfer shall, on or before the due date of the remittance, file a return for the preceding reporting period in the form and manner prescribed by the board. Any person who fails to timely file the required return shall pay a penalty of 10 percent of the amount of taxes, exclusive of prepayments, with respect to the period for which the return is required.

(e) (1) Except as provided in paragraph (2), any person required to remit taxes pursuant to this article who remits those taxes by means other than appropriate electronic funds transfer shall pay a penalty of 10 percent of the taxes incorrectly remitted.

(2) A person required to remit prepayments pursuant to this article who remits a prepayment by means other than an appropriate electronic funds transfer shall pay a penalty of 6 percent of the prepayment amount incorrectly remitted.

(f) Except as provided in Sections 6473 and 6477, any person who fails to pay any tax to the state or any amount of tax required to be collected and paid to the state, except amounts of determinations made by the board under Article 2 (commencing with Section 6481) or Article 3 (commencing with Section 6511), within the time required shall pay a penalty of 10 percent of the tax or amount of tax, in addition to the tax or amount of tax, plus interest at the modified adjusted rate per month, or fraction thereof, established pursuant to Section 6591.5, from the date on which the tax or the amount of tax required to be collected became due and payable to the state until the date of payment.

(g) In determining whether a person's estimated tax liability averages ten thousand dollars ($10,000) or more per month, the board may consider tax returns filed pursuant to this part and any other information in the board's possession.

(h) Except as provided in subdivision (i), the penalties imposed by subdivisions (d), (e), and (f) shall be limited to a maximum of 10 percent of the taxes due, exclusive of prepayments, for any one return. Any person remitting taxes by electronic funds transfer shall be subject to the penalties under this section and not Section 6591.

(i) The penalties imposed with respect to paragraph (2) of subdivision (e) and Sections 6476 and 6477 shall be limited to a maximum of 6 percent of the prepayment amount.

(j) The board shall promulgate regulations pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code for purposes of implementing this section.

History.—Stats. 1992, Ch. 1294, in effect January 1, 1993, deleted "For purposes of payments pursuant to Article 1 (commencing with Section 6451) and prepayments pursuant to Article 1.1 (commencing with Section 6470)," after "(a)" and added "Any person . . . funds transfer" in subdivision (a); added "or any person who voluntarily collects use tax" after "per month", added "elect to" after "may", deleted "voluntarily" before "remit", and added "The election . . . one year." after "the board" in subdivision (b); substituted "remitting" for "required to remit" after "Any person", substituted "by electronic funds transfer" for "pursuant to this section" after "taxes", substituted "due date of the remittance" for "last day of the month following each quarter" after "before the", substituted "reporting period" for "quarter" after "the preceding", added "required" after "timely file the", deleted "required by this subdivision" after "return", substituted "pay" for "be assessed" after "shall", and substituted "period" for "quarter" after "respect to the" in subdivision (d); substituted "taxes" for "amounts" after "who remits", substituted "transfer" for "transfers in accordance with board procedures" after "electronic funds", substituted "pay" for "be assessed" after "shall", added "the" after "10 percent of", and substituted "incorrectly remitted" for "due at the time of the payment" after "the taxes" in subdivision (e); deleted "for purposes of this section" after "per month", substituted "and" for ", in addition to" after "this part", added "other" after "any", deleted "which is" after "information", and deleted ", or may come into," after "information in" in subdivision (f). Stats. 1994, Ch. 903, in effect January 1, 1995, added subdivision (f) and relettered former subdivisions (f), (g), and (h) as (g), (h), and (i), respectively. Stats. 1996, Ch. 1087, in effect January 1, 1997, added new subdivision (h), relettered former subdivision (h) as (i), and deleted former subdivision (i) which stated, "This section shall become operative on January 1, 1995.". Stats. 1998, Ch. 420, in effect January 1, 1999, substituted "fails to pay . . . established" for "is required to remit taxes pursuant to this article, who fails to timely remit those taxes, and who is issued a deficiency determination", and substituted "6591.5, . . . date of payment" for "6481 with respect to those taxes, shall, in addition to any other penalties imposed, pay a 10 percent penalty of the amount of those taxes" in subdivision (f); added "and" after "this part" in subdivision (g); and added the second sentence in subdivision (h). Stats. 1999, Ch. 865, (SB 1302), in effect January 1, 2000, substituted "(1) Except as provided in paragraph (2), any" for "Any" and added paragraph (2) in subdivision (e); substituted "Except as provided in Sections 6476 and 6477, any" for "Any" in subdivision (f); substituted "Except as provided in subdivision (i), the" for "The" in subdivision (h); added new subdivision (i); and relettered former subdivision (i) as (j). Stats. 2005, Ch. 74 (AB 1765), Section 1, in effect October 4, 2005, deleted former second sentence of subdivision (b) which provided, "The election shall be operative for a minimum of one year."; Section 2, in effect October 4, 2005, but operative January 1, 2006, substituted "ten thousand dollars ($10,000)" for "twenty thousand dollars ($20,000)" in subdivisions (a), (b), and (g)

* Article 1.2 was added by Stats. 1991, in effect January 1, 1992.