BILL NUMBER: SB 228 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 25, 2011
INTRODUCED BY Senator Wyland
FEBRUARY 9, 2011
An act to repeal and amend Section 17053.80 of the
Revenue and Taxation Code, relating to taxation. An
act to amend Sections 6757, 7872, 8996, 11496, 19221, 30322, 32363,
38532, 40158, 41124.1, 43413, 45451, 46421, 50123, 55141, a
nd 60445 of the Revenue and Taxation Code, relating to taxation.
LEGISLATIVE COUNSEL'S DIGEST
SB 228, as amended, Wyland. Income tax: credit: small
businesses. Taxation: state tax liens.
Existing law requires the payment of taxes, fees, and surcharges
that are administered by the State Board of Equalization under the
provisions of the Sales and Use Tax Law, Motor Vehicle Fuel Tax Law,
Use Fuel Tax Law, Private Railroad Car Tax Law, Cigarette and Tobacco
Products Tax Law, Alcoholic Beverage Tax Law, Timber Yield Tax Law,
Energy Resources Surcharge Law, Emergency Telephone Users Surcharge
Act, Hazardous Substances Tax Law, Integrated Waste Management Fee
Law, Oil Spill Response, Prevention, and Administration Fees Law,
Underground Storage Tank Maintenance Fee Law, Fee Collection
Procedures Law, and Diesel Fuel Tax Law. Existing law requires the
payment of taxes that are administered by the Franchise Tax Board
under the provisions of the Personal Income Tax Law and the
Corporation Tax Law. Existing law also requires a perfected and
enforceable state tax lien against any person who fails to pay any
amount imposed under these laws when that amount becomes due and
payable, but remains unpaid. Existing law requires that this state
tax lien continue in effect for 10 years unless sooner released or
discharged, or unless the state tax lien is extended for a further
10-year period.
This bill would authorize the State Board of Equalization, the
Controller, or the Franchise Tax Board to withdraw notice of a state
tax lien if the liability that gave rise to the state tax lien,
including penalties and interest, is paid in full. This bill would
further require that any withdrawn state tax lien be applied as if
notice of the state tax lien had not been filed, and require, as
specified, written notice of the withdrawal of the state tax lien.
The Personal Income Tax Law authorizes various credits against the
taxes imposed by those laws, including a credit in an amount equal
to $3,000, prorated as provided, for each full-time employee hired
during the taxable year by a qualified employer, as defined.
This bill would repeal a duplicative provision in the Personal
Income Tax Law and make a technical, nonsubstantive change in the
remaining provision.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 6757 of the Revenue
and Taxation Code is amended to read:
6757. (a) If any person fails to pay any amount imposed under
this part at the time that it becomes due and payable, the amount
thereof, including penalties and interest, together with any costs in
addition thereto, shall thereupon be a perfected and enforceable
state tax lien. The lien is subject to Chapter 14 (commencing with
Section 7150) of Division 7 of Title 1 of the Government Code.
(b) For the purpose of this section, amounts are "due and payable"
on the following dates:
(1) For amounts disclosed on a return received by the board before
the date the return is delinquent, the date the return would have
been delinquent;
(2) For amounts disclosed on a return filed on or after the date
the return is delinquent, the date the return is received by the
board;
(3) For amounts determined under Section 6536 (pertaining to
jeopardy assessments), the date the notice of the board's finding is
mailed or issued;
(4) For all other amounts, the date the assessment is final.
(c) The lien provided by this section shall not arise during any
period that Section 362 of the United States Bankruptcy Code applies
to the person against whom the lien would otherwise apply.
(d) (1) The board may withdraw notice of a state tax lien, and the
withdrawal shall be applied as if notice of the state tax lien had
not been filed, if the liability represented by the state tax lien,
including any interest and penalty, is paid in full. A withdrawal
shall be made by filing a notice of withdrawal at the same office in
which the notice of state tax lien was filed. A copy of the notice of
withdrawal shall be provided to the taxpayer.
(2) Upon written request by the taxpayer with respect to whom a
notice of a state tax lien was withdrawn, the board shall make
reasonable efforts to notify credit reporting agencies, and any
financial institution or creditor whose name and address are
specified in that request, of the withdrawal of the notice.
SEC. 2. Section 7872 of the Revenue and
Taxation Code is amended to read:
7872. (a) If any person fails to pay any amount imposed under
this part at the time that it becomes due and payable, the amount
thereof, including penalties and interest, together with any costs in
addition thereto, shall thereupon be a perfected and enforceable
state tax lien. Such a lien is subject to Chapter 14 (commencing with
Section 7150) of Division 7 of Title 1 of the Government Code.
(b) For the purpose of this section, amounts are "due and payable"
on the following dates:
(1) For amounts disclosed on a return received by the board before
the date the return is delinquent, the date the return would have
been delinquent;
(2) For amounts disclosed on a return filed on or after the date
the return is delinquent, the date the return is received by the
board;
(3) For amounts determined under Section 7698 (pertaining to
jeopardy assessments), the date the notice of the board's finding is
mailed or issued;
(4) For all other amounts, the date the assessment is final.
(c) (1) The Controller may withdraw notice of a state tax lien,
and the withdrawal shall be applied as if notice of the state tax
lien had not been filed, if the liability represented by the state
tax lien, including any interest and penalty, is paid in full. A
withdrawal shall be made by filing a notice of withdrawal at the same
office in which the notice of state tax lien was filed. A copy of
the notice of withdrawal shall be provided to the taxpayer.
(2) Upon written request by the taxpayer with respect to whom a
notice of a state tax lien was withdrawn, the Controller shall make
reasonable efforts to notify credit reporting agencies, and any
financial institution or creditor whose name and address are
specified in that request, of the withdrawal of the notice.
SEC. 3. Section 8996 of the Revenue and
Taxation Code is amended to read:
8996. (a) If any person fails to pay any amount imposed under
this part at the time that it becomes due and payable, the amount
thereof, including penalties and interest, together with any costs in
addition thereto, shall thereupon be a perfected and enforceable
state tax lien. Such a lien is subject to Chapter 14 (commencing with
Section 7150) of Division 7 of Title 1 of the Government Code.
(b) For the purpose of this section, amounts are "due and payable"
on the following dates:
(1) For amounts disclosed on a return received by the board before
the date the return is delinquent, the date the return would have
been delinquent;
(2) For amounts disclosed on a return filed on or after the date
the return is delinquent, the date the return is received by the
board;
(3) For amounts determined under Section 8826 (pertaining to
jeopardy assessments), the date the notice of the board's finding is
mailed or issued;
(4) For all other amounts, the date the assessment is final.
(c) (1) The board may withdraw notice of a state tax lien, and the
withdrawal shall be applied as if notice of the state tax lien had
not been filed, if the liability represented by the state tax lien,
including any interest and penalty, is paid in full. A withdrawal
shall be made by filing a notice of withdrawal at the same office in
which the notice of state tax lien was filed. A copy of the notice of
withdrawal shall be provided to the taxpayer.
(2) Upon written request by the taxpayer with respect to whom a
notice of a state tax lien was withdrawn, the board shall make
reasonable efforts to notify credit reporting agencies, and any
financial institution or creditor whose name and address are
specified in that request, of the withdrawal of the notice.
SEC. 4. Section 11496 of the Revenue
and Taxation Code is amended to read:
11496. (a) The board may at any time
release all or any portion of the property subject to any lien
provided for in this part from the lien or subordinate the lien to
other liens and encumbrances if it determines that the amount,
interest, and penalties are sufficiently secured by a lien on other
property or that the release or subordination of the lien will not
jeopardize the collection of the amount, interest, and penalties.
(b) (1) The board may withdraw notice of a state tax lien, and the
withdrawal shall be applied as if notice of the state tax lien had
not been filed, if the liability represented by the state tax lien,
including any interest and penalty, is paid in full. A withdrawal
shall be made by filing a notice of withdrawal at the same office in
which the notice of state tax lien was filed. A copy of the notice of
withdrawal shall be provided to the taxpayer.
(2) Upon written request by the taxpayer with respect to whom a
notice of a state tax lien was withdrawn, the board shall make
reasonable efforts to notify credit reporting agencies, and any
financial institution or creditor whose name and address are
specified in that request, of the withdrawal of the notice.
SEC. 5. Section 19221 of the Revenue
and Taxation Code is amended to read:
19221. (a) If any taxpayer or person fails to pay any liability
imposed under Part 10 (commencing with Section 17001) or Part 11
(commencing with Section 23001) at the time that it becomes due and
payable, the amount thereof, (including any interest, additional
amount, addition to tax, or penalty, together with any costs that may
accrue in addition thereto) shall thereupon be a perfected and
enforceable state tax lien. This lien is subject to Chapter 14
(commencing with Section 7150) of Division 7 of Title 1 of the
Government Code.
(b) For the purpose of this section, amounts are "due and payable"
on the following dates:
(1) For amounts of any liability disclosed on a return filed on or
before the date payment is due (with regard to any extension of time
to pay), the date the amount is established on the records of the
Franchise Tax Board, except that in no case will it be prior to the
day after the payment due date;
(2) For amounts of any liability disclosed on a return filed after
the date payment is due (with regard to any extension of time to
pay), the date the amount is established on the records of the
Franchise Tax Board;
(3) For amounts of any liability determined under Section 19081 or
19082 (pertaining to jeopardy assessments), the date the notice of
the Franchise Tax Board's finding is mailed or issued;
(4) For all other amounts of liability, the date the assessment is
final.
(c) Notwithstanding subdivision (a), during any period that
Section 362 of Title 11 of the United States Code applies, any tax
lien that would otherwise attach to property by reason of subdivision
(a) shall not take effect, unless the tax is a debt of the debtor
that will not be discharged in the bankruptcy proceeding and the
property or its proceeds are transferred out of the bankruptcy estate
to, or otherwise revested in, the debtor.
(d) (1) The Franchise Tax Board may withdraw notice of a state tax
lien, and the withdrawal shall be applied as if the notice of the
state tax lien had not been filed, if the liability represented by
the state tax lien, including any interest and penalty, is paid in
full. A withdrawal shall be made by filing a notice of withdrawal at
the same office in which the notice of state tax lien was filed. A
copy of the notice of withdrawal shall be provided to the taxpayer.
(2) Upon written request by the taxpayer with respect to whom a
notice of a state tax lien was withdrawn, the Franchise Tax Board
shall make reasonable efforts to notify credit reporting agencies,
and any financial institution or creditor whose name and address are
specified in that request, of the withdrawal of the notice.
SEC. 6. Section 30322 of the Revenue
and Taxation Code is amended to read:
30322. (a) If any person fails to pay any amount imposed under
this part at the time that it becomes due and payable, the amount
thereof, including penalties and interest, together with any costs in
addition thereto, shall thereupon be a perfected and enforceable
state tax lien. Such a lien is subject to Chapter 14 (commencing with
Section 7150) of Division 7 of Title 1 of the Government Code.
(b) For the purpose of this section, amounts are "due and payable"
on the following dates:
(1) For amounts disclosed on a return received by the board before
the date the return is delinquent, the date the return would have
been delinquent;
(2) For amounts disclosed on a return filed on or after the date
the return is delinquent, the date the return is received by the
board;
(3) For amounts determined under Section 30241 (pertaining to
jeopardy assessments), the date the notice of the board's finding is
mailed or issued;
(4) For all other amounts, the date the assessment is final.
(c) (1) The board may withdraw notice of a state tax lien, and the
withdrawal shall be applied as if notice of the state tax lien had
not been filed, if the liability represented by the state tax lien,
including any interest and penalty, is paid in full. A withdrawal
shall be made by filing a notice of withdrawal at the same office in
which the notice of state tax lien was filed. A copy of the notice of
withdrawal shall be provided to the taxpayer.
(2) Upon written request by the taxpayer with respect to whom a
notice of a state tax lien was withdrawn, the board shall make
reasonable efforts to notify credit reporting agencies, and any
financial institution or creditor whose name and address are
specified in that request, of the withdrawal of the notice.
SEC. 7. Section 32363 of the Revenue
and Taxation Code is amended to read:
32363. (a) If any person fails to pay any amount imposed under
this part at the time that it becomes due and payable, the amount
thereof, including penalties and interest, together with any costs in
addition thereto, shall thereupon be a perfected and enforceable
state tax lien. Such a lien is subject to Chapter 14 (commencing with
Section 7150) of Division 7 of Title 1 of the Government Code.
(b) For the purpose of this section, amounts are "due and payable"
on the following dates:
(1) For amounts disclosed on a return received by the board before
the date the return is delinquent, the date the return would have
been delinquent;
(2) For amounts disclosed on a return filed on or after the date
the return is delinquent, the date the return is received by the
board;
(3) For amounts determined under Section 32311 (pertaining to
jeopardy assessments), the date the notice of the board's finding is
mailed or issued;
(4) For all other amounts, the date the assessment is final.
(c) (1) The board may withdraw notice of a state tax lien, and the
withdrawal shall be applied as if notice of the state tax lien had
not been filed, if the liability represented by the state tax lien,
including any interest and penalty, is paid in full. A withdrawal
shall be made by filing a notice of withdrawal at the same office in
which the notice of state tax lien was filed. A copy of the notice of
withdrawal shall be provided to the taxpayer.
(2) Upon written request by the taxpayer with respect to whom a
notice of a state tax lien was withdrawn, the board shall make
reasonable efforts to notify credit reporting agencies, and any
financial institution or creditor whose name and address are
specified in that request, of the withdrawal of the notice.
SEC. 8. Section 38532 of the Revenue
and Taxation Code is amended to read:
38532. (a) If any amount required to be paid to the state under
this part is not paid at the time that it becomes due and payable,
the amount thereof, including penalties and interest, together with
any costs in addition thereto, shall thereupon be a perfected and
enforceable state tax lien. Such a lien is subject to Chapter 14
(commencing with Section 7150) of Division 7 of Title 1 of the
Government Code.
(b) For the purpose of this section, amounts are "due and payable"
on the following dates:
(1) For amounts disclosed on a return received by the board before
the date the return is delinquent, the date the return would have
been delinquent.
(2) For amounts disclosed on a return filed on or after the date
the return is delinquent, the date the return is received by the
board.
(3) For amounts received under Section 38431 (pertaining to
jeopardy assessments), the date the notice of the board's finding is
mailed or issued.
(4) For all other amounts, the date the assessment is final.
(c) (1) The board may withdraw notice of a state tax lien, and the
withdrawal shall be applied as if notice of the state tax lien had
not been filed, if the liability represented by the state tax lien,
including any interest and penalty, is paid in full. A withdrawal
shall be made by filing a notice of withdrawal at the same office in
which the notice of state tax lien was filed. A copy of the notice of
withdrawal shall be provided to the taxpayer.
(2) Upon written request by the taxpayer with respect to whom a
notice of a state tax lien was withdrawn, the board shall make
reasonable efforts to notify credit reporting agencies, and any
financial institution or creditor whose name and address are
specified in that request, of the withdrawal of the notice.
SEC. 9. Section 40158 of the Revenue
and Taxation Code is amended to read:
40158. (a) If any person fails to pay any amount imposed under
this part at the time that it becomes due and payable, the amount
thereof, including penalties and interest, together with any costs in
addition thereto, shall thereupon be a perfected and enforceable
state tax lien. Such a lien is subject to Chapter 14 (commencing with
Section 7150) of Division 7 of Title 1 of the Government Code.
(b) For the purpose of this section, amounts are "due and payable"
on the following dates:
(1) For amounts disclosed on a return received by the board before
the date the return is delinquent, the date the return would have
been delinquent.
(2) For amounts disclosed on a return filed on or after the date
the return is delinquent, the date the return is received by the
board.
(3) For all other amounts, the date the assessment is final.
(c) (1) The board may withdraw notice of a state tax lien, and the
withdrawal shall be applied as if notice of the state tax lien had
not been filed, if the liability represented by the state tax lien,
including any interest and penalty, is paid in full. A withdrawal
shall be made by filing a notice of withdrawal at the same office in
which the notice of state tax lien was filed. A copy of the notice of
withdrawal shall be provided to the taxpayer.
(2) Upon written request by the taxpayer with respect to whom a
notice of a state tax lien was withdrawn, the board shall make
reasonable efforts to notify credit reporting agencies, and any
financial institution or creditor whose name and address are
specified in that request, of the withdrawal of the notice.
SEC. 10 . Section 41124.1 of the
Revenue and Taxation Code is amended to read:
41124.1. (a) If any person fails to pay any amount imposed under
this part at the time that it becomes due and payable, the amount
thereof, including penalties and interest, together with any costs in
addition thereto, shall thereupon be a perfected and enforceable
state tax lien. Such a lien is subject to Chapter 14 (commencing with
Section 7150) of Division 7 of Title 1 of the Government Code.
(b) For the purpose of this section, amounts are "due and payable"
on the following dates:
(1) For amounts disclosed on a return received by the board before
the date the return is delinquent, the date the return would have
been delinquent.
(2) For amounts disclosed on a return filed on or after the date
the return is delinquent, the date the return is received by the
board.
(3) For all other amounts, the date the assessment is final.
(c) (1) The board may withdraw notice of a state tax lien, and the
withdrawal shall be applied as if notice of the state tax lien had
not been filed, if the liability represented by the state tax lien,
including any interest and penalty, is paid in full. A withdrawal
shall be made by filing a notice of withdrawal at the same office in
which the notice of state tax lien was filed. A copy of the notice of
withdrawal shall be provided to the taxpayer.
(2) Upon written request by the taxpayer with respect to whom a
notice of a state tax lien was withdrawn, the board shall make
reasonable efforts to notify credit reporting agencies, and any
financial institution or creditor whose name and address are
specified in that request, of the withdrawal of the notice.
SEC. 11. Sect ion 43413 of the
Revenue and Taxation Code is amended to read:
43413. (a) If any person fails to pay any amount imposed pursuant
to this part at the time that it becomes due and payable, the amount
thereof, including penalties and interest, together with any costs
in addition thereto, shall thereupon be a perfected and enforceable
state tax lien. Such a lien is subject to Chapter 14 (commencing with
Section 7150) of Division 7 of Title 1 of the Government Code.
(b) For the purpose of this section, amounts are "due and payable"
on the following dates:
(1) For amounts disclosed on a return received by the board before
the date the return is delinquent, the date the return would have
been delinquent.
(2) For amounts disclosed on a return filed on or after the date
the return is delinquent, the date the return is received by the
board.
(3) For amounts determined under Section 43350 (pertaining to
jeopardy assessments), the date the notice of the board's finding is
mailed or issued.
(4) For all other amounts, the date the assessment is final.
(c) (1) The board may withdraw notice of a state tax lien, and the
withdrawal shall be applied as if notice of the state tax lien had
not been filed, if the liability represented by the state tax lien,
including any interest and penalty, is paid in full. A withdrawal
shall be made by filing a notice of withdrawal at the same office in
which the notice of state tax lien was filed. A copy of the notice of
withdrawal shall be provided to the taxpayer.
(2) Upon written request by the taxpayer with respect to whom a
notice of a state tax lien was withdrawn, the board shall make
reasonable efforts to notify credit reporting agencies, and any
financial institution or creditor whose name and address are
specified in that request, of the withdrawal of the notice.
SEC. 12. Section 45451 of the Revenue
and Taxation Code is amended to read:
45451. (a) If any person fails to pay any amount imposed pursuant
to this part at the time that it becomes due and payable, the amount
thereof, including penalties and interest, together with any costs
in addition thereto, shall thereupon be a perfected and enforceable
state tax lien. A lien is subject to Chapter 14 (commencing with
Section 7150) of Division 7 of Title 1 of the Government Code.
(b) For the purpose of this section, amounts are due and payable
on the following dates:
(1) For amounts disclosed on a report received by the board before
the date the return is delinquent, the date the amount would have
been due and payable.
(2) For amounts disclosed on a report filed on or after the date
the return is delinquent, the date the return is received by the
board or the year following the fee due date pursuant to Section
45151, whichever is later.
(3) For amounts determined under Section 45351, pertaining to
jeopardy assessments, the date the notice of the board's finding is
mailed or issued.
(4) For all other amounts, the date the assessment is final.
(c) (1) The board may withdraw notice of a state tax lien, and the
withdrawal shall be applied as if notice of the state tax lien had
not been filed, if the liability represented by the state tax lien,
including any interest and penalty, is paid in full. A withdrawal
shall be made by filing a notice of withdrawal at the same office in
which the notice of state tax lien was filed. A copy of the notice of
withdrawal shall be provided to the taxpayer.
(2) Upon written request by the taxpayer with respect to whom a
notice of a state tax lien was withdrawn, the board shall make
reasonable efforts to notify credit reporting agencies, and any
financial institution or creditor whose name and address are
specified in that request, of the withdrawal of the notice.
SEC. 13. Section 46421 of the Revenue
and Taxation Code is amended to read:
46421. (a) If any person fails to pay any amount imposed pursuant
to this part at the time that it becomes due and payable, the amount
thereof, including penalties and interest, together with any costs
in addition thereto, shall thereupon be a perfected and enforceable
lien. The lien shall be subject to Chapter 14 (commencing with
Section 7150) of Division 7 of Title 1 of the Government Code.
(b) For the purpose of this section, amounts are "due and payable"
on the following dates:
(1) For amounts disclosed on a return received by the board before
the date the return is delinquent, the date the amount would have
been due and payable.
(2) For amounts disclosed on a return filed on or after the date
the return is delinquent, the date the return is received by the
board.
(3) For amounts determined under Section 46301 pertaining to
jeopardy assessments, the date the notice of the board's finding is
mailed or issued.
(4) For all other amounts, the date the assessment is final.
(c) (1) The board may withdraw notice of a state tax lien, and the
withdrawal shall be applied as if notice of the state tax lien had
not been filed, if the liability represented by the state tax lien,
including any interest and penalty, is paid in full. A withdrawal
shall be made by filing a notice of withdrawal at the same office in
which the notice of state tax lien was filed. A copy of the notice of
withdrawal shall be provided to the taxpayer.
(2) Upon written request by the taxpayer with respect to whom a
notice of a state tax lien was withdrawn, the board shall make
reasonable efforts to notify credit reporting agencies, and any
financial institution or creditor whose name and address are
specified in that request, of the withdrawal of the notice.
SEC. 14. Section 50123 of the Revenue
and Taxation Code is amended to read:
50123. (a) If any person fails to pay any
amount imposed pursuant to this part at the time that it becomes due
and payable, the amount, including interest and penalties, together
with any costs in addition to the amount, are a perfected and
enforceable state tax lien which
is subject to Chapter 14 (commencing with Section 7150) of Division 7
of Title 1 of the Government Code.
(b) (1) The board may withdraw notice of a state tax lien, and the
withdrawal shall be applied as if notice of the state tax lien had
not been filed, if the liability represented by the state tax lien,
including any interest and penalty, is paid in full. A withdrawal
shall be made by filing a notice of withdrawal at the same office in
which the notice of state tax lien was filed. A copy of the notice of
withdrawal shall be provided to the taxpayer.
(2) Upon written request by the taxpayer with respect to whom a
notice of a state tax lien was withdrawn, the board shall make
reasonable efforts to notify credit reporting agencies, and any
financial institution or creditor whose name and address are
specified in that request, of the withdrawal of the notice.
SEC. 15. Section 55141 of the Revenue
and Taxation Code is amended to read:
55141. (a) If any person fails to pay any amount imposed pursuant
to this part at the time that it becomes due and payable, the amount
thereof, including penalties and interest, together with any costs
in addition thereto, shall thereupon be a perfected and enforceable
state tax lien. Such a lien is subject to Chapter 14 (commencing with
Section 7150) of Division 7 of Title 1 of the Government Code.
(b) For the purpose of this section, amounts are "due and payable"
on the following dates:
(1) For amounts disclosed on a return received by the board before
the date the return is delinquent, the date the return would have
been delinquent.
(2) For amounts disclosed on a return filed on or after the date
the return is delinquent, the date the return is received by the
board.
(3) For amounts determined under Section 55101, the date the
notice of the board's finding is mailed or issued.
(4) For all other amounts, the date the assessment is final.
(c) (1) The board may withdraw notice of a state tax lien, and the
withdrawal shall be applied as if notice of the state tax lien had
not been filed, if the liability represented by the state tax lien,
including any interest and penalty, is paid in full. A withdrawal
shall be made by filing a notice of withdrawal at the same office in
which the notice of state tax lien was filed. A copy of the notice of
withdrawal shall be provided to the taxpayer.
(2) Upon written request by the taxpayer with respect to whom a
notice of a state tax lien was withdrawn, the board shall make
reasonable efforts to notify credit reporting agencies, and any
financial institution or creditor whose name and address are
specified in that request, of the withdrawal of the notice.
SEC. 16. Section 60445 of the Revenue
and Taxation Code is amended to read:
60445. (a) If any person fails to pay any amount imposed under
this part at the time that it becomes due and payable, the amount
thereof, including penalties and interest, together with any costs in
addition thereto, shall thereupon be a perfected and enforceable
state tax lien. That lien is subject to Chapter 14 (commencing with
Section 7150) of Division 7 of Title 1 of the Government Code.
(b) For the purpose of this section, amounts are "due and payable"
on the following dates:
(1) For amounts disclosed on a return received by the board before
the date the return is delinquent, the date the return would have
been delinquent.
(2) For amounts disclosed on a return filed on or after the date
the return is delinquent, the date the return is received by the
board.
(3) For amounts determined under Section 60330 (pertaining to
jeopardy assessments), the date the notice of the board's finding is
mailed or issued.
(4) For all other amounts, the date the assessment is final.
(c) (1) The board may withdraw notice of a state tax lien, and the
withdrawal shall be applied as if notice of the state tax lien had
not been filed, if the liability represented by the state tax lien,
including any interest and penalty, is paid in full. A withdrawal
shall be made by filing a notice of withdrawal at the same office in
which the notice of state tax lien was filed. A copy of the notice of
withdrawal shall be provided to the taxpayer.
(2) Upon written request by the taxpayer with respect to whom a
notice of a state tax lien was withdrawn, the board shall make
reasonable efforts to notify credit reporting agencies, and any
financial institution or creditor whose name and address are
specified in that request, of the withdrawal of the notice. All
matter omitted in this version of the bill appears in the bill as
introduced in the Senate, February 9, 2011. (JR11)