AB 892, as introduced, Daly. Sales and use taxes: refund.
Existing sales and use tax laws impose a tax on retailers measured by the gross receipts from the sale of tangible personal property sold at retail in this state, or on the storage, use, or other consumption in this state of tangible personal property purchased from a retailer for storage, use, or other consumption in this state. Existing law requires the State Board of Equalization to credit any excess amount, penalty, or interest collected or paid to the person from whom it was collected or paid and to refund the balance to the person, as specified.
This bill would make technical, nonsubstantive changes to that provision.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 6901 of the Revenue and Taxation Code
2 is amended to read:
If the board determines that any amount, penalty, or
4interest has been paid more than once or has been erroneously or
5illegally collected or computed, the board shall set forth that fact
P2 1in the records of the board and shall certify the amount collected
2in excess of the amount legally due and the person from whom it
3was collected or by whom paid. The excess amount collected or
4paid shall be credited by the board on any amounts then due and
5payable from the person from whom the excess amount was
6collected or by whom it was paid under this part, and the balance
7shall be refunded to the person, or his or her successors,
8administrators, or executors, if a determination by the board is
9made in any of the following cases:
10(a) Any amount of tax, interest,
or penalty was not required to
11be paid.
12(b) Any amount of prepayment of sales tax, interest, or penalty
13paid pursuant to Article 1.5 (commencing with Section 6480) of
14Chapter 5 was not required to be paid.
15(c) Any amount that is approved as a settlement pursuant to
16Section 7093.5.
17begin deleteAny end deletebegin insertAn end insertoverpayment of the use tax by a purchaser to a retailer
18who is required to collect the tax and who gives the purchaser a
19receipt therefor pursuant to Article 1 (commencing with Section
206201) of Chapter 3 shall be credited or refunded by the state to the
21purchaser.begin delete Anyend deletebegin insert
Aend insert proposed determination by the board pursuant
22to this section with respect to an amount in excess of fifty thousand
23dollars ($50,000) shall be available as a public record for at least
2410 days prior to the effective date of that determination.
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