40067. (a) Any person whose estimated surcharge liability under
this part averages twenty thousand dollars ($20,000) or more per
month, as determined by the board pursuant to methods of calculation
prescribed by the board, shall remit amounts due by an electronic
funds transfer under procedures prescribed by the board.
(b) Any person whose estimated surcharge liability under this part
averages less than twenty thousand dollars ($20,000) per month may
elect to remit amounts due by electronic funds transfer with the
approval of the board.
(c) Any person remitting amounts due pursuant to subdivision (a)
or (b) shall perform electronic funds transfer in compliance with the
due dates set forth in Article 1 (commencing with Section 40051) and
Article 2 (commencing with Section 40061). Payment is deemed
complete on the date the electronic funds transfer is initiated if
settlement to the state's demand account occurs on or before the
banking day following the date the transfer is initiated. If
settlement to the state's demand account does not occur on or before
the banking day following the date the transfer is initiated, payment
is deemed to occur on the date settlement occurs.
(d) Any person remitting surcharges by electronic funds transfer
shall, on or before the due date of the remittance, file a return for
the preceding reporting period in the form and manner prescribed by
the board. Any person who fails to timely file the required return
shall pay a penalty of 10 percent of the amount of the surcharge with
respect to the period for which the return is required.
(e) Any person required to remit surcharges pursuant to this
article who remits those surcharges by means other than appropriate
electronic funds transfer shall pay a penalty of 10 percent of the
surcharges incorrectly remitted.
(f) Any person who fails to pay any surcharge to the state or any
amount of surcharge required to be collected and paid to the state,
except amounts of determinations made by the board under Article 3
(commencing with Section 40071) or Article 4 (commencing with Section
40081), within the time required shall pay a penalty of 10 percent
of the surcharge or amount of surcharge, in addition to the surcharge
or amount of surcharge, plus interest at the modified adjusted rate
per month, or fraction thereof, established pursuant to Section
6591.5, from the date on which the surcharge or the amount of
surcharge required to be collected became due and payable to the
state until the date of payment.
(g) In determining whether a person's estimated surcharge
liability averages twenty thousand dollars ($20,000) or more per
month, the board may consider returns filed pursuant to this part and
any other information in the board's possession.
(h) The penalties imposed by subdivisions (d), (e), and (f) shall
be limited to a maximum of 10 percent of the surcharge due for any
one return. Any person remitting surcharges by electronic funds
transfer shall be subject to the penalties under this section and not
Section 40101.
(i) The board shall promulgate regulations pursuant to Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2
of the Government Code for purposes of implementing this section.
40068. If the board finds that a person's failure to make payment
by an appropriate electronic funds transfer in accordance with board
procedures is due to reasonable cause and circumstances beyond the
person's control, and occurred notwithstanding the exercise of
ordinary care and in the absence of willful neglect, that person
shall be relieved of the penalty provided in subdivision (e) of
Section 40067. Any person seeking to be relieved of the penalty shall
file with the board a statement under penalty of perjury setting
forth the facts upon which he or she bases his or her claim for
relief.
40069. (a) "Electronic funds transfer" means any transfer of funds,
other than a transaction originated by check, draft, or similar
paper instrument, that is initiated through an electronic terminal,
telephonic instrument, or computer or magnetic tape, so as to order,
instruct, or authorize a financial institution to debit or credit an
account. Electronic funds transfers shall be accomplished by an
automated clearinghouse debit, an automated clearinghouse credit, or
by Federal Reserve Wire Transfer (Fedwire).
(b) "Automated clearinghouse" means any federal reserve bank, or
an organization established in agreement with the National Automated
Clearing House Association, that operates as a clearinghouse for
transmitting or receiving entries between banks or bank accounts and
which authorizes an electronic transfer of funds between these banks
or bank accounts.
(c) "Automated clearinghouse debit" means a transaction in which
the state, through its designated depository bank, originates an
automated clearinghouse transaction debiting the person's bank
account and crediting the state's bank account for the amount of
surcharge. Banking costs incurred for the automated clearinghouse
debit transaction shall be paid by the state.
(d) "Automated clearinghouse credit" means an automated
clearinghouse transaction in which the person through his or her own
bank, originates an entry crediting the state's bank account and
debiting his or her own bank account. Banking costs incurred for the
automated clearinghouse credit transaction charged to the state shall
be paid by the person originating the credit.
(e) "Fedwire transfer" means any transaction originated by a
person and utilizing the national electronic payment system to
transfer funds through the federal reserve banks, when that person
debits his or her own bank account and credits the state's bank
account. Electronic funds transfers pursuant to Section 40067 may be
made by Fedwire only if payment cannot, for good cause, be made
according to subdivision (a), and the use of Fedwire is preapproved
by the board. Banking costs incurred for the Fedwire transaction
charged to the person and to the state shall be paid by the person
originating the transaction.
40069. (a) Any return, declaration, statement, or other document
required to be made under this part that is filed using electronic
media shall be filed and authenticated pursuant to any method or form
the board may prescribe.
(b) Notwithstanding any other law, any return, declaration,
statement, or other document otherwise required to be signed that is
filed by the taxpayer using electronic media in a form as required by
the board shall be deemed to be a signed, valid original document,
including upon reproduction to paper form by the board.
(c) Electronic media includes, but is not limited to, computer
modem, magnetic media, optical disk, facsimile machine, or telephone.
40067. (a) Any person whose estimated surcharge liability under
this part averages twenty thousand dollars ($20,000) or more per
month, as determined by the board pursuant to methods of calculation
prescribed by the board, shall remit amounts due by an electronic
funds transfer under procedures prescribed by the board.
(b) Any person whose estimated surcharge liability under this part
averages less than twenty thousand dollars ($20,000) per month may
elect to remit amounts due by electronic funds transfer with the
approval of the board.
(c) Any person remitting amounts due pursuant to subdivision (a)
or (b) shall perform electronic funds transfer in compliance with the
due dates set forth in Article 1 (commencing with Section 40051) and
Article 2 (commencing with Section 40061). Payment is deemed
complete on the date the electronic funds transfer is initiated if
settlement to the state's demand account occurs on or before the
banking day following the date the transfer is initiated. If
settlement to the state's demand account does not occur on or before
the banking day following the date the transfer is initiated, payment
is deemed to occur on the date settlement occurs.
(d) Any person remitting surcharges by electronic funds transfer
shall, on or before the due date of the remittance, file a return for
the preceding reporting period in the form and manner prescribed by
the board. Any person who fails to timely file the required return
shall pay a penalty of 10 percent of the amount of the surcharge with
respect to the period for which the return is required.
(e) Any person required to remit surcharges pursuant to this
article who remits those surcharges by means other than appropriate
electronic funds transfer shall pay a penalty of 10 percent of the
surcharges incorrectly remitted.
(f) Any person who fails to pay any surcharge to the state or any
amount of surcharge required to be collected and paid to the state,
except amounts of determinations made by the board under Article 3
(commencing with Section 40071) or Article 4 (commencing with Section
40081), within the time required shall pay a penalty of 10 percent
of the surcharge or amount of surcharge, in addition to the surcharge
or amount of surcharge, plus interest at the modified adjusted rate
per month, or fraction thereof, established pursuant to Section
6591.5, from the date on which the surcharge or the amount of
surcharge required to be collected became due and payable to the
state until the date of payment.
(g) In determining whether a person's estimated surcharge
liability averages twenty thousand dollars ($20,000) or more per
month, the board may consider returns filed pursuant to this part and
any other information in the board's possession.
(h) The penalties imposed by subdivisions (d), (e), and (f) shall
be limited to a maximum of 10 percent of the surcharge due for any
one return. Any person remitting surcharges by electronic funds
transfer shall be subject to the penalties under this section and not
Section 40101.
(i) The board shall promulgate regulations pursuant to Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2
of the Government Code for purposes of implementing this section.
40068. If the board finds that a person's failure to make payment
by an appropriate electronic funds transfer in accordance with board
procedures is due to reasonable cause and circumstances beyond the
person's control, and occurred notwithstanding the exercise of
ordinary care and in the absence of willful neglect, that person
shall be relieved of the penalty provided in subdivision (e) of
Section 40067. Any person seeking to be relieved of the penalty shall
file with the board a statement under penalty of perjury setting
forth the facts upon which he or she bases his or her claim for
relief.
40069. (a) "Electronic funds transfer" means any transfer of funds,
other than a transaction originated by check, draft, or similar
paper instrument, that is initiated through an electronic terminal,
telephonic instrument, or computer or magnetic tape, so as to order,
instruct, or authorize a financial institution to debit or credit an
account. Electronic funds transfers shall be accomplished by an
automated clearinghouse debit, an automated clearinghouse credit, or
by Federal Reserve Wire Transfer (Fedwire).
(b) "Automated clearinghouse" means any federal reserve bank, or
an organization established in agreement with the National Automated
Clearing House Association, that operates as a clearinghouse for
transmitting or receiving entries between banks or bank accounts and
which authorizes an electronic transfer of funds between these banks
or bank accounts.
(c) "Automated clearinghouse debit" means a transaction in which
the state, through its designated depository bank, originates an
automated clearinghouse transaction debiting the person's bank
account and crediting the state's bank account for the amount of
surcharge. Banking costs incurred for the automated clearinghouse
debit transaction shall be paid by the state.
(d) "Automated clearinghouse credit" means an automated
clearinghouse transaction in which the person through his or her own
bank, originates an entry crediting the state's bank account and
debiting his or her own bank account. Banking costs incurred for the
automated clearinghouse credit transaction charged to the state shall
be paid by the person originating the credit.
(e) "Fedwire transfer" means any transaction originated by a
person and utilizing the national electronic payment system to
transfer funds through the federal reserve banks, when that person
debits his or her own bank account and credits the state's bank
account. Electronic funds transfers pursuant to Section 40067 may be
made by Fedwire only if payment cannot, for good cause, be made
according to subdivision (a), and the use of Fedwire is preapproved
by the board. Banking costs incurred for the Fedwire transaction
charged to the person and to the state shall be paid by the person
originating the transaction.
40069. (a) Any return, declaration, statement, or other document
required to be made under this part that is filed using electronic
media shall be filed and authenticated pursuant to any method or form
the board may prescribe.
(b) Notwithstanding any other law, any return, declaration,
statement, or other document otherwise required to be signed that is
filed by the taxpayer using electronic media in a form as required by
the board shall be deemed to be a signed, valid original document,
including upon reproduction to paper form by the board.
(c) Electronic media includes, but is not limited to, computer
modem, magnetic media, optical disk, facsimile machine, or telephone.
40067. (a) Any person whose estimated surcharge liability under
this part averages twenty thousand dollars ($20,000) or more per
month, as determined by the board pursuant to methods of calculation
prescribed by the board, shall remit amounts due by an electronic
funds transfer under procedures prescribed by the board.
(b) Any person whose estimated surcharge liability under this part
averages less than twenty thousand dollars ($20,000) per month may
elect to remit amounts due by electronic funds transfer with the
approval of the board.
(c) Any person remitting amounts due pursuant to subdivision (a)
or (b) shall perform electronic funds transfer in compliance with the
due dates set forth in Article 1 (commencing with Section 40051) and
Article 2 (commencing with Section 40061). Payment is deemed
complete on the date the electronic funds transfer is initiated if
settlement to the state's demand account occurs on or before the
banking day following the date the transfer is initiated. If
settlement to the state's demand account does not occur on or before
the banking day following the date the transfer is initiated, payment
is deemed to occur on the date settlement occurs.
(d) Any person remitting surcharges by electronic funds transfer
shall, on or before the due date of the remittance, file a return for
the preceding reporting period in the form and manner prescribed by
the board. Any person who fails to timely file the required return
shall pay a penalty of 10 percent of the amount of the surcharge with
respect to the period for which the return is required.
(e) Any person required to remit surcharges pursuant to this
article who remits those surcharges by means other than appropriate
electronic funds transfer shall pay a penalty of 10 percent of the
surcharges incorrectly remitted.
(f) Any person who fails to pay any surcharge to the state or any
amount of surcharge required to be collected and paid to the state,
except amounts of determinations made by the board under Article 3
(commencing with Section 40071) or Article 4 (commencing with Section
40081), within the time required shall pay a penalty of 10 percent
of the surcharge or amount of surcharge, in addition to the surcharge
or amount of surcharge, plus interest at the modified adjusted rate
per month, or fraction thereof, established pursuant to Section
6591.5, from the date on which the surcharge or the amount of
surcharge required to be collected became due and payable to the
state until the date of payment.
(g) In determining whether a person's estimated surcharge
liability averages twenty thousand dollars ($20,000) or more per
month, the board may consider returns filed pursuant to this part and
any other information in the board's possession.
(h) The penalties imposed by subdivisions (d), (e), and (f) shall
be limited to a maximum of 10 percent of the surcharge due for any
one return. Any person remitting surcharges by electronic funds
transfer shall be subject to the penalties under this section and not
Section 40101.
(i) The board shall promulgate regulations pursuant to Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2
of the Government Code for purposes of implementing this section.
40068. If the board finds that a person's failure to make payment
by an appropriate electronic funds transfer in accordance with board
procedures is due to reasonable cause and circumstances beyond the
person's control, and occurred notwithstanding the exercise of
ordinary care and in the absence of willful neglect, that person
shall be relieved of the penalty provided in subdivision (e) of
Section 40067. Any person seeking to be relieved of the penalty shall
file with the board a statement under penalty of perjury setting
forth the facts upon which he or she bases his or her claim for
relief.
40069. (a) "Electronic funds transfer" means any transfer of funds,
other than a transaction originated by check, draft, or similar
paper instrument, that is initiated through an electronic terminal,
telephonic instrument, or computer or magnetic tape, so as to order,
instruct, or authorize a financial institution to debit or credit an
account. Electronic funds transfers shall be accomplished by an
automated clearinghouse debit, an automated clearinghouse credit, or
by Federal Reserve Wire Transfer (Fedwire).
(b) "Automated clearinghouse" means any federal reserve bank, or
an organization established in agreement with the National Automated
Clearing House Association, that operates as a clearinghouse for
transmitting or receiving entries between banks or bank accounts and
which authorizes an electronic transfer of funds between these banks
or bank accounts.
(c) "Automated clearinghouse debit" means a transaction in which
the state, through its designated depository bank, originates an
automated clearinghouse transaction debiting the person's bank
account and crediting the state's bank account for the amount of
surcharge. Banking costs incurred for the automated clearinghouse
debit transaction shall be paid by the state.
(d) "Automated clearinghouse credit" means an automated
clearinghouse transaction in which the person through his or her own
bank, originates an entry crediting the state's bank account and
debiting his or her own bank account. Banking costs incurred for the
automated clearinghouse credit transaction charged to the state shall
be paid by the person originating the credit.
(e) "Fedwire transfer" means any transaction originated by a
person and utilizing the national electronic payment system to
transfer funds through the federal reserve banks, when that person
debits his or her own bank account and credits the state's bank
account. Electronic funds transfers pursuant to Section 40067 may be
made by Fedwire only if payment cannot, for good cause, be made
according to subdivision (a), and the use of Fedwire is preapproved
by the board. Banking costs incurred for the Fedwire transaction
charged to the person and to the state shall be paid by the person
originating the transaction.
40069. (a) Any return, declaration, statement, or other document
required to be made under this part that is filed using electronic
media shall be filed and authenticated pursuant to any method or form
the board may prescribe.
(b) Notwithstanding any other law, any return, declaration,
statement, or other document otherwise required to be signed that is
filed by the taxpayer using electronic media in a form as required by
the board shall be deemed to be a signed, valid original document,
including upon reproduction to paper form by the board.
(c) Electronic media includes, but is not limited to, computer
modem, magnetic media, optical disk, facsimile machine, or telephone.
