7070. The board shall develop and administer a tax amnesty program
for taxpayers subject to Part 1 (commencing with Section 6001), as
provided in this article.
7071. The tax amnesty program shall be conducted for a two month
period beginning February 1, 2005 through March 31, 2005, inclusive,
or during a timeframe ending no later than June 30, 2005. The program
shall apply to tax liabilities due and payable for tax reporting
periods beginning before January 1, 2003.
7072. (a) For any taxpayer who meets the requirements of Section
7073:
(1) The board shall waive all penalties imposed by this part, for
the tax reporting periods for which tax amnesty is allowed for the
nonreporting or underreporting of tax liabilities or the nonpayment
of any taxes previously determined or proposed to be determined.
(2) Except as provided in subdivision (b), no criminal action
shall be brought against the taxpayer, for the tax reporting periods
for which tax amnesty is requested, for the nonreporting or
underreporting of tax liabilities.
(b) This section does not apply to violations of this part for
which, as of the first day of the amnesty period specified in Section
7071, (1) the taxpayer is on notice of a criminal investigation by a
complaint having been filed against him or her or by written notice
having been mailed to him or her that he or she is under criminal
investigation, or (2) a court proceeding has already been initiated.
(c) No refund or credit shall be granted of any penalty paid prior
to the time the taxpayer makes a request for tax amnesty pursuant to
Section 7073.
7073. (a) This article shall apply to any taxpayer who, during the
amnesty period specified in Section 7071, meets all of the following:
(1) Is eligible to participate in the tax amnesty program.
(2) Files a completed amnesty application with the board, signed
under penalty of perjury, to participate in the tax amnesty program.
(3) Within 60 days after the conclusion of the tax amnesty period,
does all of the following:
(A) Files completed tax returns for all tax reporting periods for
which he or she has not previously filed a tax return and files
completed amended returns for all tax reporting periods for which he
or she underreported his or her tax liability.
(B) Pays in full the taxes and interest due for all periods for
which amnesty is requested, or applies for an installment agreement
under subdivision (b).
(C) For taxpayers who have not paid in full any tax liabilities
due and payable for tax reporting periods beginning before January 1,
2003, pays in full the taxes and interest due for each period for
that portion of the proposed determination for each period for which
amnesty is requested or applies for an installment payment agreement
under subdivision (b).
(4) In the case of any taxpayer that has filed for bankruptcy
protection under Title 11 of the United States Code, submits an order
from a Federal Bankruptcy Court allowing the taxpayer to participate
in the amnesty program.
(b) The board may enter into an installment payment agreement in
lieu of the complete payment required under subparagraph (B) of
paragraph (3) of subdivision (a), but only if final payment under the
terms of that installment payment agreement is due and is paid no
later than June 30, 2006. The installment payment agreement shall
include interest on the outstanding amount due at the rate prescribed
by law. Failure by the taxpayer to fully comply with the terms of
the installment payment agreement shall render the waiver of
penalties null and void, unless the board determines that the failure
was due to reasonable causes, and the total amount of tax, interest,
and all penalties shall be immediately due and payable.
(c) If, subsequent to the amnesty period specified in Section
7071, the board issues a deficiency determination upon a return filed
pursuant to subdivision (a), or upon any other nonreporting or
underreporting of tax liability by any person who could have
otherwise been eligible for amnesty, the board shall impose penalties
at a rate that is double the rate of penalties described in law and
criminal action may be brought under this part only with respect to
the difference between the amount shown on that return and the
correct amount of tax, or the amount of unreported or underreported
tax, whichever the case may be. This action may not invalidate any
waivers granted under Section 7072.
(d) If the board issues a deficiency determination under
conditions described in subdivision (c), the board may issue that
deficiency determination within 10 years from the last day of the
calendar month following the quarterly period for which the amount is
proposed to be determined.
(e) The application required under paragraph (2) of subdivision
(a) shall be in the form and manner specified by the board, but in no
case shall a mere payment of any taxes and interest due, in whole or
in part, for any period otherwise eligible for amnesty under this
part, be deemed to constitute an acceptable amnesty application under
this part. For purposes of the preceding sentence, the application
of a refund from one period to offset a tax liability for another
period otherwise eligible for amnesty shall not be allowed without
the filing of an amnesty application under this part.
7074. (a) Except for taxpayers who have entered into an installment
payment agreement pursuant to subdivision (b) of Section 7073, there
shall be added to the tax for each period for which amnesty could
have been requested:
(1) For amounts that are due and payable on the last date of the
amnesty period, an amount equal to 50 percent of the accrued interest
payable under Section 6591 for the period beginning on the date in
which the tax was due and ending on the last day of the amnesty
period specified in Section 7071.
(2) An amount equal to 50 percent of the interest computed under
Section 6591 on any final amount, including final deficiencies and
self-assessed amounts, for the period beginning on the date in which
the tax was due and ending on the last day of the amnesty period
specified in Section 7071.
(b) The penalty imposed by this section is in addition to any
other penalty imposed under this part.
(c) Article 2 (commencing with Section 6481) does not apply with
respect to the assessment or collection of any penalty imposed by
subdivision (a).
7075. Any taxpayer who has an existing installment payment
agreement under Section 6832 as of the start of the amnesty program,
and who does not participate in the amnesty program, may not be
subject to the penalty imposed under Section 7074.
7076. The board shall issue forms and instructions and take other
actions needed to implement this article. The provisions contained in
subdivision (c) of Section 19735, to the extent feasible and
practical, shall also apply to the board.
7077. The board shall adequately publicize the tax penalty amnesty
program so as to maximize public awareness of the participation in
the program. The board shall coordinate to the highest degree
possible its publicity efforts and other actions taken in
implementing this article with similar programs administered by the
Franchise Tax Board.
7078. Subdivision (b) of Section 19736, to the extent feasible and
practical, shall also apply to the board.
7070. The board shall develop and administer a tax amnesty program
for taxpayers subject to Part 1 (commencing with Section 6001), as
provided in this article.
7071. The tax amnesty program shall be conducted for a two month
period beginning February 1, 2005 through March 31, 2005, inclusive,
or during a timeframe ending no later than June 30, 2005. The program
shall apply to tax liabilities due and payable for tax reporting
periods beginning before January 1, 2003.
7072. (a) For any taxpayer who meets the requirements of Section
7073:
(1) The board shall waive all penalties imposed by this part, for
the tax reporting periods for which tax amnesty is allowed for the
nonreporting or underreporting of tax liabilities or the nonpayment
of any taxes previously determined or proposed to be determined.
(2) Except as provided in subdivision (b), no criminal action
shall be brought against the taxpayer, for the tax reporting periods
for which tax amnesty is requested, for the nonreporting or
underreporting of tax liabilities.
(b) This section does not apply to violations of this part for
which, as of the first day of the amnesty period specified in Section
7071, (1) the taxpayer is on notice of a criminal investigation by a
complaint having been filed against him or her or by written notice
having been mailed to him or her that he or she is under criminal
investigation, or (2) a court proceeding has already been initiated.
(c) No refund or credit shall be granted of any penalty paid prior
to the time the taxpayer makes a request for tax amnesty pursuant to
Section 7073.
7073. (a) This article shall apply to any taxpayer who, during the
amnesty period specified in Section 7071, meets all of the following:
(1) Is eligible to participate in the tax amnesty program.
(2) Files a completed amnesty application with the board, signed
under penalty of perjury, to participate in the tax amnesty program.
(3) Within 60 days after the conclusion of the tax amnesty period,
does all of the following:
(A) Files completed tax returns for all tax reporting periods for
which he or she has not previously filed a tax return and files
completed amended returns for all tax reporting periods for which he
or she underreported his or her tax liability.
(B) Pays in full the taxes and interest due for all periods for
which amnesty is requested, or applies for an installment agreement
under subdivision (b).
(C) For taxpayers who have not paid in full any tax liabilities
due and payable for tax reporting periods beginning before January 1,
2003, pays in full the taxes and interest due for each period for
that portion of the proposed determination for each period for which
amnesty is requested or applies for an installment payment agreement
under subdivision (b).
(4) In the case of any taxpayer that has filed for bankruptcy
protection under Title 11 of the United States Code, submits an order
from a Federal Bankruptcy Court allowing the taxpayer to participate
in the amnesty program.
(b) The board may enter into an installment payment agreement in
lieu of the complete payment required under subparagraph (B) of
paragraph (3) of subdivision (a), but only if final payment under the
terms of that installment payment agreement is due and is paid no
later than June 30, 2006. The installment payment agreement shall
include interest on the outstanding amount due at the rate prescribed
by law. Failure by the taxpayer to fully comply with the terms of
the installment payment agreement shall render the waiver of
penalties null and void, unless the board determines that the failure
was due to reasonable causes, and the total amount of tax, interest,
and all penalties shall be immediately due and payable.
(c) If, subsequent to the amnesty period specified in Section
7071, the board issues a deficiency determination upon a return filed
pursuant to subdivision (a), or upon any other nonreporting or
underreporting of tax liability by any person who could have
otherwise been eligible for amnesty, the board shall impose penalties
at a rate that is double the rate of penalties described in law and
criminal action may be brought under this part only with respect to
the difference between the amount shown on that return and the
correct amount of tax, or the amount of unreported or underreported
tax, whichever the case may be. This action may not invalidate any
waivers granted under Section 7072.
(d) If the board issues a deficiency determination under
conditions described in subdivision (c), the board may issue that
deficiency determination within 10 years from the last day of the
calendar month following the quarterly period for which the amount is
proposed to be determined.
(e) The application required under paragraph (2) of subdivision
(a) shall be in the form and manner specified by the board, but in no
case shall a mere payment of any taxes and interest due, in whole or
in part, for any period otherwise eligible for amnesty under this
part, be deemed to constitute an acceptable amnesty application under
this part. For purposes of the preceding sentence, the application
of a refund from one period to offset a tax liability for another
period otherwise eligible for amnesty shall not be allowed without
the filing of an amnesty application under this part.
7074. (a) Except for taxpayers who have entered into an installment
payment agreement pursuant to subdivision (b) of Section 7073, there
shall be added to the tax for each period for which amnesty could
have been requested:
(1) For amounts that are due and payable on the last date of the
amnesty period, an amount equal to 50 percent of the accrued interest
payable under Section 6591 for the period beginning on the date in
which the tax was due and ending on the last day of the amnesty
period specified in Section 7071.
(2) An amount equal to 50 percent of the interest computed under
Section 6591 on any final amount, including final deficiencies and
self-assessed amounts, for the period beginning on the date in which
the tax was due and ending on the last day of the amnesty period
specified in Section 7071.
(b) The penalty imposed by this section is in addition to any
other penalty imposed under this part.
(c) Article 2 (commencing with Section 6481) does not apply with
respect to the assessment or collection of any penalty imposed by
subdivision (a).
7075. Any taxpayer who has an existing installment payment
agreement under Section 6832 as of the start of the amnesty program,
and who does not participate in the amnesty program, may not be
subject to the penalty imposed under Section 7074.
7076. The board shall issue forms and instructions and take other
actions needed to implement this article. The provisions contained in
subdivision (c) of Section 19735, to the extent feasible and
practical, shall also apply to the board.
7077. The board shall adequately publicize the tax penalty amnesty
program so as to maximize public awareness of the participation in
the program. The board shall coordinate to the highest degree
possible its publicity efforts and other actions taken in
implementing this article with similar programs administered by the
Franchise Tax Board.
7078. Subdivision (b) of Section 19736, to the extent feasible and
practical, shall also apply to the board.
7070. The board shall develop and administer a tax amnesty program
for taxpayers subject to Part 1 (commencing with Section 6001), as
provided in this article.
7071. The tax amnesty program shall be conducted for a two month
period beginning February 1, 2005 through March 31, 2005, inclusive,
or during a timeframe ending no later than June 30, 2005. The program
shall apply to tax liabilities due and payable for tax reporting
periods beginning before January 1, 2003.
7072. (a) For any taxpayer who meets the requirements of Section
7073:
(1) The board shall waive all penalties imposed by this part, for
the tax reporting periods for which tax amnesty is allowed for the
nonreporting or underreporting of tax liabilities or the nonpayment
of any taxes previously determined or proposed to be determined.
(2) Except as provided in subdivision (b), no criminal action
shall be brought against the taxpayer, for the tax reporting periods
for which tax amnesty is requested, for the nonreporting or
underreporting of tax liabilities.
(b) This section does not apply to violations of this part for
which, as of the first day of the amnesty period specified in Section
7071, (1) the taxpayer is on notice of a criminal investigation by a
complaint having been filed against him or her or by written notice
having been mailed to him or her that he or she is under criminal
investigation, or (2) a court proceeding has already been initiated.
(c) No refund or credit shall be granted of any penalty paid prior
to the time the taxpayer makes a request for tax amnesty pursuant to
Section 7073.
7073. (a) This article shall apply to any taxpayer who, during the
amnesty period specified in Section 7071, meets all of the following:
(1) Is eligible to participate in the tax amnesty program.
(2) Files a completed amnesty application with the board, signed
under penalty of perjury, to participate in the tax amnesty program.
(3) Within 60 days after the conclusion of the tax amnesty period,
does all of the following:
(A) Files completed tax returns for all tax reporting periods for
which he or she has not previously filed a tax return and files
completed amended returns for all tax reporting periods for which he
or she underreported his or her tax liability.
(B) Pays in full the taxes and interest due for all periods for
which amnesty is requested, or applies for an installment agreement
under subdivision (b).
(C) For taxpayers who have not paid in full any tax liabilities
due and payable for tax reporting periods beginning before January 1,
2003, pays in full the taxes and interest due for each period for
that portion of the proposed determination for each period for which
amnesty is requested or applies for an installment payment agreement
under subdivision (b).
(4) In the case of any taxpayer that has filed for bankruptcy
protection under Title 11 of the United States Code, submits an order
from a Federal Bankruptcy Court allowing the taxpayer to participate
in the amnesty program.
(b) The board may enter into an installment payment agreement in
lieu of the complete payment required under subparagraph (B) of
paragraph (3) of subdivision (a), but only if final payment under the
terms of that installment payment agreement is due and is paid no
later than June 30, 2006. The installment payment agreement shall
include interest on the outstanding amount due at the rate prescribed
by law. Failure by the taxpayer to fully comply with the terms of
the installment payment agreement shall render the waiver of
penalties null and void, unless the board determines that the failure
was due to reasonable causes, and the total amount of tax, interest,
and all penalties shall be immediately due and payable.
(c) If, subsequent to the amnesty period specified in Section
7071, the board issues a deficiency determination upon a return filed
pursuant to subdivision (a), or upon any other nonreporting or
underreporting of tax liability by any person who could have
otherwise been eligible for amnesty, the board shall impose penalties
at a rate that is double the rate of penalties described in law and
criminal action may be brought under this part only with respect to
the difference between the amount shown on that return and the
correct amount of tax, or the amount of unreported or underreported
tax, whichever the case may be. This action may not invalidate any
waivers granted under Section 7072.
(d) If the board issues a deficiency determination under
conditions described in subdivision (c), the board may issue that
deficiency determination within 10 years from the last day of the
calendar month following the quarterly period for which the amount is
proposed to be determined.
(e) The application required under paragraph (2) of subdivision
(a) shall be in the form and manner specified by the board, but in no
case shall a mere payment of any taxes and interest due, in whole or
in part, for any period otherwise eligible for amnesty under this
part, be deemed to constitute an acceptable amnesty application under
this part. For purposes of the preceding sentence, the application
of a refund from one period to offset a tax liability for another
period otherwise eligible for amnesty shall not be allowed without
the filing of an amnesty application under this part.
7074. (a) Except for taxpayers who have entered into an installment
payment agreement pursuant to subdivision (b) of Section 7073, there
shall be added to the tax for each period for which amnesty could
have been requested:
(1) For amounts that are due and payable on the last date of the
amnesty period, an amount equal to 50 percent of the accrued interest
payable under Section 6591 for the period beginning on the date in
which the tax was due and ending on the last day of the amnesty
period specified in Section 7071.
(2) An amount equal to 50 percent of the interest computed under
Section 6591 on any final amount, including final deficiencies and
self-assessed amounts, for the period beginning on the date in which
the tax was due and ending on the last day of the amnesty period
specified in Section 7071.
(b) The penalty imposed by this section is in addition to any
other penalty imposed under this part.
(c) Article 2 (commencing with Section 6481) does not apply with
respect to the assessment or collection of any penalty imposed by
subdivision (a).
7075. Any taxpayer who has an existing installment payment
agreement under Section 6832 as of the start of the amnesty program,
and who does not participate in the amnesty program, may not be
subject to the penalty imposed under Section 7074.
7076. The board shall issue forms and instructions and take other
actions needed to implement this article. The provisions contained in
subdivision (c) of Section 19735, to the extent feasible and
practical, shall also apply to the board.
7077. The board shall adequately publicize the tax penalty amnesty
program so as to maximize public awareness of the participation in
the program. The board shall coordinate to the highest degree
possible its publicity efforts and other actions taken in
implementing this article with similar programs administered by the
Franchise Tax Board.
7078. Subdivision (b) of Section 19736, to the extent feasible and
practical, shall also apply to the board.
