California Revenue and Taxation Code

§ 11597

RTC § 11597 Effective Jan 1, 2001Div. 2 · Part 6 · Ch. 5 · Art. 3

Statute text

(a)Any penalty provided for in Section 11341, 11354, 11405, or 11430 may be canceled by the board upon a finding that (1) the failure to make a timely payment is due to reasonable cause and circumstances beyond the taxpayer’s control, and occurred notwithstanding the exercise of ordinary care and the absence of willful neglect, provided the principal payment is made within 30 days after the delinquency date, or (2) there was an inadvertent error in the amount of payment made by the taxpayer, provided the principal payment for the proper amount of tax due is made within 10 days after the notice of shortage is mailed by the board.

(b)Except as provided in subdivision (c), any taxpayer seeking cancellation of the penalty shall file with the board a petition for cancellation or refund within 20 days of payment of the principal amount of the tax or within 20 days after the board mails notice of the entry of the penalty, whichever date is later. The petition shall be accompanied by a statement under penalty of perjury setting forth the facts upon which the claim for relief is based.

(c)The board shall establish criteria that provides for efficient resolution of requests for relief pursuant to this section.

Legislative history

Amended by Stats. 2000, Ch. 1052, Sec. 21.3. Effective January 1, 2001.