State Codes and Statutes

Statutes > California > Rtc > 11551-11555

REVENUE AND TAXATION CODE
SECTION 11551-11555



11551.  If the board determines that any amount, penalty, or
interest has been paid more than once or has been erroneously or
illegally collected or computed, the board shall set forth that fact
in the records of the board and shall certify the amount collected in
excess of the amount legally due and the person from whom it was
collected or by whom paid. The excess amount collected or paid shall
be credited by the board on any amounts then due and payable from the
person from whom the excess amount was collected or by whom it was
paid under this part, and the balance shall be refunded to the
person, or his or her successors, administrators, or executors. Any
proposed determination by the board pursuant to this section with
respect to an amount in excess of fifteen thousand dollars ($15,000)
shall be available as a public record for at least 10 days prior to
the effective date of that determination.



11553.  No credit or refund shall be allowed after four years from
December 10 of the year in which the assessment is made or after six
months from the date of overpayment, whichever period expires the
later, unless a written claim is filed with the board within such
period.



11553.5.  (a) The limitation period specified in Section 11553 shall
be suspended during any period of a person's life that the person is
financially disabled.
   (b) (1) For purposes of subdivision (a), a person is financially
disabled if the person is unable to manage his or her financial
affairs by reason of medically determinable physical or mental
impairment of the person which can be expected to result in death or
which has lasted or can be expected to last for a continuous period
of not less than 12 months. A person shall not be considered to have
an impairment unless proof of the existence thereof is furnished in
the form and manner as the board may require.
   (2) A person shall not be treated as financially disabled during
any period that the person's spouse or any other person is authorized
to act on behalf of the person in financial matters.
   (c) This section applies to periods of disability commencing
before, on, or after the effective date of the act adding this
section, but does not apply to any claim for refund that (without
regard to this section) is barred by the operation or rule of law,
including res judicata, as of the effective date of the act adding
this section.



11554.  The claim shall be in writing and shall state the specific
grounds upon which it is founded.



11555.  Interest shall be paid upon the amount of any overpayment of
tax at the adjusted annual rate established pursuant to Section
19521 upon the amount found to have been illegally collected from the
date of payment of the amount to the date of allowance of credit on
account of the overpayment or to a date preceding the date of the
refund warrant by not more than 30 days, the date to be determined by
the board from the first day of the month following the month the
tax becomes due. The interest shall be paid:
   (a) In the case of a refund, to the last day of the calendar month
following the date upon which the person making the overpayment, if
he or she has not already filed a claim, is notified by the board
that a claim may be filed or the date upon which the claim is
approved by the board, whichever date is the earlier.
   (b) In the case of a credit, to the same date as that to which
interest is computed on the tax or amount against which the credit is
applied.


State Codes and Statutes

Statutes > California > Rtc > 11551-11555

REVENUE AND TAXATION CODE
SECTION 11551-11555



11551.  If the board determines that any amount, penalty, or
interest has been paid more than once or has been erroneously or
illegally collected or computed, the board shall set forth that fact
in the records of the board and shall certify the amount collected in
excess of the amount legally due and the person from whom it was
collected or by whom paid. The excess amount collected or paid shall
be credited by the board on any amounts then due and payable from the
person from whom the excess amount was collected or by whom it was
paid under this part, and the balance shall be refunded to the
person, or his or her successors, administrators, or executors. Any
proposed determination by the board pursuant to this section with
respect to an amount in excess of fifteen thousand dollars ($15,000)
shall be available as a public record for at least 10 days prior to
the effective date of that determination.



11553.  No credit or refund shall be allowed after four years from
December 10 of the year in which the assessment is made or after six
months from the date of overpayment, whichever period expires the
later, unless a written claim is filed with the board within such
period.



11553.5.  (a) The limitation period specified in Section 11553 shall
be suspended during any period of a person's life that the person is
financially disabled.
   (b) (1) For purposes of subdivision (a), a person is financially
disabled if the person is unable to manage his or her financial
affairs by reason of medically determinable physical or mental
impairment of the person which can be expected to result in death or
which has lasted or can be expected to last for a continuous period
of not less than 12 months. A person shall not be considered to have
an impairment unless proof of the existence thereof is furnished in
the form and manner as the board may require.
   (2) A person shall not be treated as financially disabled during
any period that the person's spouse or any other person is authorized
to act on behalf of the person in financial matters.
   (c) This section applies to periods of disability commencing
before, on, or after the effective date of the act adding this
section, but does not apply to any claim for refund that (without
regard to this section) is barred by the operation or rule of law,
including res judicata, as of the effective date of the act adding
this section.



11554.  The claim shall be in writing and shall state the specific
grounds upon which it is founded.



11555.  Interest shall be paid upon the amount of any overpayment of
tax at the adjusted annual rate established pursuant to Section
19521 upon the amount found to have been illegally collected from the
date of payment of the amount to the date of allowance of credit on
account of the overpayment or to a date preceding the date of the
refund warrant by not more than 30 days, the date to be determined by
the board from the first day of the month following the month the
tax becomes due. The interest shall be paid:
   (a) In the case of a refund, to the last day of the calendar month
following the date upon which the person making the overpayment, if
he or she has not already filed a claim, is notified by the board
that a claim may be filed or the date upon which the claim is
approved by the board, whichever date is the earlier.
   (b) In the case of a credit, to the same date as that to which
interest is computed on the tax or amount against which the credit is
applied.



State Codes and Statutes

State Codes and Statutes

Statutes > California > Rtc > 11551-11555

REVENUE AND TAXATION CODE
SECTION 11551-11555



11551.  If the board determines that any amount, penalty, or
interest has been paid more than once or has been erroneously or
illegally collected or computed, the board shall set forth that fact
in the records of the board and shall certify the amount collected in
excess of the amount legally due and the person from whom it was
collected or by whom paid. The excess amount collected or paid shall
be credited by the board on any amounts then due and payable from the
person from whom the excess amount was collected or by whom it was
paid under this part, and the balance shall be refunded to the
person, or his or her successors, administrators, or executors. Any
proposed determination by the board pursuant to this section with
respect to an amount in excess of fifteen thousand dollars ($15,000)
shall be available as a public record for at least 10 days prior to
the effective date of that determination.



11553.  No credit or refund shall be allowed after four years from
December 10 of the year in which the assessment is made or after six
months from the date of overpayment, whichever period expires the
later, unless a written claim is filed with the board within such
period.



11553.5.  (a) The limitation period specified in Section 11553 shall
be suspended during any period of a person's life that the person is
financially disabled.
   (b) (1) For purposes of subdivision (a), a person is financially
disabled if the person is unable to manage his or her financial
affairs by reason of medically determinable physical or mental
impairment of the person which can be expected to result in death or
which has lasted or can be expected to last for a continuous period
of not less than 12 months. A person shall not be considered to have
an impairment unless proof of the existence thereof is furnished in
the form and manner as the board may require.
   (2) A person shall not be treated as financially disabled during
any period that the person's spouse or any other person is authorized
to act on behalf of the person in financial matters.
   (c) This section applies to periods of disability commencing
before, on, or after the effective date of the act adding this
section, but does not apply to any claim for refund that (without
regard to this section) is barred by the operation or rule of law,
including res judicata, as of the effective date of the act adding
this section.



11554.  The claim shall be in writing and shall state the specific
grounds upon which it is founded.



11555.  Interest shall be paid upon the amount of any overpayment of
tax at the adjusted annual rate established pursuant to Section
19521 upon the amount found to have been illegally collected from the
date of payment of the amount to the date of allowance of credit on
account of the overpayment or to a date preceding the date of the
refund warrant by not more than 30 days, the date to be determined by
the board from the first day of the month following the month the
tax becomes due. The interest shall be paid:
   (a) In the case of a refund, to the last day of the calendar month
following the date upon which the person making the overpayment, if
he or she has not already filed a claim, is notified by the board
that a claim may be filed or the date upon which the claim is
approved by the board, whichever date is the earlier.
   (b) In the case of a credit, to the same date as that to which
interest is computed on the tax or amount against which the credit is
applied.