BILL NUMBER: AB 1450	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Chang

                        FEBRUARY 27, 2015

   An act to amend Section 19133 of the Revenue and Taxation Code,
relating to taxation.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1450, as introduced, Chang. Income taxes: administration:
returns: penalties.
   Under existing law, the Franchise Tax Board is authorized to
impose a 25% penalty for failure to furnish information in response
to a written request from the Franchise Tax Board and failure to file
a return upon notice and demand of the Franchise Tax Board.
   This bill would instead authorize the Franchise Tax Board to
impose a penalty of up to 10%, and would require the board, in
determining the amount of penalty, to consider whether the taxpayer
has made a good faith effort to comply with that information request
or notice and demand.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 19133 of the Revenue and Taxation Code is
amended to read:
   19133.  If any taxpayer fails or refuses to furnish any
information requested in writing by the Franchise Tax Board or fails
or refuses to make and file a return required by this part upon
notice and demand by the Franchise Tax Board, then, unless the
failure is due to reasonable cause and not willful neglect, the
Franchise Tax Board may add a penalty of  25  
up to 10  percent of the amount of tax determined pursuant to
Section 19087 or of any deficiency tax assessed by the Franchise Tax
Board concerning the assessment of which the information or return
was required.  In determining the amount of penalty, the
Franchise Tax Board shall consider whether the taxpayer has made a
good faith effort to comply with that information request or notice
and demand.