California Revenue and Taxation Code

§ 38453

RTC § 38453 Effective Jan 1, 2023Div. 2 · Part 18.5 · Ch. 5 · Art. 6

Statute text

(a)If the department finds that a person’s failure to make a timely return or payment was due to a disaster, and occurred notwithstanding the exercise of ordinary care and the absence of willful neglect, the person may be relieved of the interest provided by Sections 38405, 38423, and 38451.

(b)Except as provided in subdivision (c), a person seeking to be relieved of the interest shall file with the department a statement under penalty of perjury setting forth the facts upon which the person bases the claim for relief.

(c)(1) Subject to paragraph (2), the department may grant relief of the interest for any person in an area identified in a state of emergency proclamation made by the Governor for the period the state of emergency proclamation is effective, regardless of whether the person has filed a statement with the department pursuant to subdivision (b).

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Legislative history

Amended by Stats. 2022, Ch. 474, Sec. 46. (SB 1496) Effective January 1, 2023.