Laws, Regulations & Annotations

Business Taxes Law Guide – Revision 2018

Emergency Telephone Users Surcharge Law


Article 1. Claim for Refund

Section 41105

41105. Interest on overpayment. Interest shall be paid upon any overpayment of any amount of tax at the modified adjusted rate per month established pursuant to Section 6591.5, from the first day of the calendar month following the month during which the overpayment was made. In addition, a refund or credit shall be made of any interest imposed upon the person making the overpayment with respect to the amount being refunded or credited.

The interest shall be paid as follows:

(a) In the case of a refund, to the last day of the calendar month following the date upon which the person making the overpayment, if he or she has not already filed a claim, is notified by the board that a claim may be filed or the date upon which the claim is approved by the board, whichever date is the earlier.

(b) In the case of a credit, to the same date as that to which interest is computed on the surcharge or amount against which the credit is applied.

History.—Stats. 1978, Ch. 827, effective January 1, 1979, deleted "last day of the calendar month" and substituted "date the return is due" following "from the" in the first sentence. Stats. 1982, Ch. 5, First Extra Session, in effect May 27, 1982, substituted "adjusted . . . 19269" for "rate . . . month" before "from" in the first paragraph. Stats. 1984, Ch. 1020, operative July 1, 1984, added "modified" before "adjusted", deleted "annual" before "rate", added "per month" before "established", substituted "Section 6591.5" for "Section 19269", added "or she" before "has" in (a). Stats. 1992, Ch. 1336, in effect January 1, 1993, substituted "first day . . . In addition, a" for "date the return is due following the quarterly period for which the overpayment was made; but no" in the first sentence of the first paragraph.