California Revenue and Taxation Code

§ 43201.01

RTC § 43201.01 Effective Jan 1, 2025Div. 2 · Part 22 · Ch. 3 · Art. 2

Statute text

(a)If the California Department of Tax and Fee Administration is dissatisfied with the return or report filed or the amount of fee paid to the state by any feepayer, or if no return or report has been filed or no payment or payments of the fees have been made to the state by a feepayer, the California Department of Tax and Fee Administration may compute and determine the amount to be paid, based upon any information available to it. In addition, where the California Department of Tax and Fee Administration is authorized to collect a fee for another state agency, the California Department of Tax and Fee Administration may issue a notice of determination or similar billing document for collection of the fee. One or more additional determinations may be made of the amount of fee due for one, or for more than one, period. The amount of fee so determined shall bear interest at the modified adjusted rate per month, or fraction thereof, established pursuant to Section 6591.5, from the date the amount of the fee, or any portion thereof, became due and payable until the date of payment. In making a determination, the California Department of Tax and Fee Administration may offset overpayments for a period or periods against underpayments for another period or periods and against the interest and penalties on the underpayments.

(b)If any part of the deficiency for which a determination of an additional amount due is found to have been occasioned by negligence or intentional disregard of this part or authorized regulations, a penalty of 10 percent of the amount of the determination shall be added, plus interest as provided in subdivision (a).

(c)If a feepayer willfully or knowingly provides incorrect information or withholds information that results in a deficient payment or nonpayment, as determined by California Department of Tax and Fee Administration, a penalty of 300 percent of the amount of the determination shall be added.

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Legislative history

Amended by Stats. 2024, Ch. 499, Sec. 80. (SB 1528) Effective January 1, 2025.