7051. The board shall enforce the provisions of this part and may
prescribe, adopt, and enforce rules and regulations relating to the
administration and enforcement of this part. The board may prescribe
the extent to which any ruling or regulation shall be applied without
retroactive effect.
7051.1. The board may adopt rules and regulations which provide for
the issuance of a permit to a person who holds a valid seller's
permit which allows the purchase of tangible personal property
without payment by the retailer of the tax imposed under this part
and any reimbursement of the sales tax to the retailer by that
person, if all of the following conditions are met:
(a) That person agrees to report and pay the retailer's tax
liability directly to the board.
(b) The board determines that such a direct payment permit will
facilitate the collection of the tax imposed under this part.
(c) The board determines that the issuance of a direct payment
permit is to the mutual convenience of the board, the person to whom
the direct payment permit is issued, and the retailers whose tax
liability will be reported and paid by that person.
(d) The board determines that the issuance of a direct payment
permit will not result in a tax loss either in total or on a cash
flow basis. To ensure against a potential cash flow loss, the board
may accelerate by not more than 10 days the prepayment due dates of a
person.
(e) Any person who is issued a direct payment permit shall include
with each tax return required to be filed under this part a schedule
upon which all local sales and use tax, and any applicable district
transactions and use tax, reported on the return as provided in
subdivision (a) is allocated to the cities, counties, city and
county, redevelopment agencies, and districts to which the tax would
have been allocated if it had been reported and paid by the
retailers.
7051.2. (a) If a holder of a direct payment permit issued by the
board pursuant to Section 7051.1 gives an exemption certificate to a
retailer for the purpose of paying that retailer's tax liability to
the board, and fails or refuses to pay that retailer's tax liability
to the board on a timely basis, then in addition to that retailer's
tax liability, the direct payment permitholder shall be subject to
the same penalty provisions that would apply if that permit holder
was the retailer.
(b) If a holder of a direct payment permit issued by the board
pursuant to Section 7051.1 does not properly allocate a retailer's
local sales and use tax liability, or that retailer's district
transactions and use tax liability, if applicable, to the cities,
counties, city and county, redevelopment agencies, and districts to
which those taxes would have been allocated if properly reported by
that retailer, then the direct payment permitholder shall be liable
to the state for a penalty of 10 percent of the amount of that
retailer's tax liability not properly allocated by the direct payment
permitholder for improper allocation due to negligence or
intentional disregard of the law.
7051.3. (a) "Use tax direct payment permit" means a permit issued
by the board that allows a taxpayer to self-assess and pay state and
local use tax under Part 1 (commencing with Section 6001), Part 1.5
(commencing with Section 7200), and if otherwise applicable, Part 1.6
(commencing with Section 7251), and Part 1.7 (commencing with
Section 7280) directly to the board.
(b) Every person seeking to pay use taxes directly to the board
shall file an application for a use tax direct payment permit. An
application for a use tax direct payment permit shall be made upon a
form prescribed by the board and shall set forth the name under which
the applicant transacts or intends to transact business, the
location of the place or places of business where the applicant
intends to make direct payment of use tax, and any other information
that the board may require. An applicant for a use tax direct payment
permit may register as a place to make direct payment of use tax,
any of the places of business in this state that the applicant
expects to be a place of first use for purchases subject to use tax,
in accordance with the requirements of subdivision (d). The
application shall be signed by the owner, if a natural person; in the
case of an association or partnership, by a member or partner; and
in the case of a corporation, by an executive officer or some person
specifically authorized by the corporation to sign the application.
(c) Pursuant to an application, a use tax direct payment permit
shall be issued to any person who meets all of the following
conditions:
(1) The applicant agrees to self-assess and pay directly to the
board any use tax liability incurred under this section.
(2) The applicant certifies to the board either of the following:
(A) The applicant is the purchaser for its own use or is the
lessee of tangible personal property at a cost of five hundred
thousand dollars ($500,000) or more in the aggregate, during the
calendar year immediately preceding the application for the permit.
(B) The applicant is a county, city, city and county, or
redevelopment agency.
(d) Any person who holds a valid use tax direct payment permit
shall self-assess and pay directly to the board use taxes due under
this part, Part 1.5 (commencing with Section 7200), and if otherwise
applicable, Part 1.6 (commencing with Section 7251), and Part 1.7
(commencing with Section 7280) for all purchases subject to use tax
for which a use tax direct payment exemption certificate was issued,
and shall report on the tax return required to be filed by Section
6452, the amount of local use tax applicable to each county, city,
city and county, or redevelopment agency in which the first "use," as
defined in Section 6009, occurs.
(e) The board shall allow any holder of a use tax direct payment
permit to issue a use tax direct payment certificate to any
registered retailer or seller subject to all of the following:
(1) The use tax direct payment certificate shall be in a form
prescribed by the board, and shall be signed by, and bear the name,
address, and permit number of, the holder of the use tax direct
payment permit.
(2) Once a use tax direct payment certificate has been issued by a
holder of a use tax direct payment permit, it shall remain effective
until revised or withdrawn by the holder of the permit or until the
retailer or seller has received actual notice that the permit has
been revoked by the board.
(3) A use tax direct payment certificate relieves a person selling
property from the duty of collecting use tax only if taken in good
faith from a person who holds a use tax direct payment permit. A
purchaser who issues a use tax direct payment certificate that is
accepted in good faith by a seller or retailer of tangible personal
property shall be the sole person liable for any sales tax and
related interest and penalties with respect to any transaction that
is subsequently determined by the board to be subject to sales tax
and not use tax.
(4) Any person who holds a use tax direct payment permit and gives
a use tax direct payment certificate to a seller or retailer shall,
in addition to any applicable use tax liabilities, be subject to the
same penalty provisions that apply to a seller or retailer.
(f) It is the intent of the Legislature that the board administer
this part in a manner which assures that local use tax be received by
the county, city, city and county, or redevelopment agency where the
first use occurs.
7051.5. The board shall prescribe rules and regulations respecting
retail grocers who sell both taxable items and exempt food items to
provide one or more methods whereby they may report their sales tax
liabilities in as simplified a manner as is consistent with law. Such
rules and regulations shall be applied equally to all grocers who
report their sales tax liabilities thereunder.
7052. The board may employ accountants, auditors, investigators,
assistants, and clerks necessary for the efficient administration of
this part and may designate representatives to conduct hearings,
prescribe regulations, or perform any other duties imposed by this
part or other laws of this State upon the board.
7053. Every seller, every retailer as defined in subdivision (b) of
Section 6015, and every person storing, using, or otherwise
consuming in this State tangible personal property purchased from a
retailer shall keep such records, receipts, invoices, and other
pertinent papers in such form as the board may require.
7054. The board or any person authorized in writing by it may
examine the books, papers, records, and equipment of any person
selling tangible personal property and any person liable for the use
tax and may investigate the character of the business of the person
in order to verify the accuracy of any return made, or, if no return
is made by the person, to ascertain and determine the amount required
to be paid.
7055. In administration of the use tax the board may require the
filing of reports by any person or class of persons having in his or
their possession or custody information relating to sales of tangible
personal property the storage, use, or other consumption of which is
subject to the tax. The reports shall be filed when the board
requires and shall set forth the names and addresses of purchasers of
the tangible personal property, the sales price of the property, the
date of sale, and such other information as the board may require.
7056. (a) (1) Excepting the information set forth on permits issued
under Article 2 (commencing with Section 6066) of Chapter 2, the
information set forth on certificates of registration issued pursuant
to Section 6226, and the terms of any settlement made pursuant to
Section 19442 (as amended by Chapter 138 of the Statutes of 1994), it
is unlawful for the board, any person having an administrative duty
under this part or any person who obtains access to information
contained in, or derived from, sales or transactions and use tax
records of the board pursuant to subdivision (b), to make known in
any manner whatever the business affairs, operations, or any other
information pertaining to any retailer or any other person required
to report to the board or pay a tax pursuant to this part, or the
amount or source of income, profits, losses, expenditures, or any
particular thereof, set forth or disclosed in any return, or to
permit any return or copy thereof or any book containing any abstract
or particulars thereof to be seen or examined by any person.
(2) It is also unlawful for any person, other than an officer or
employee of a county, city and county, city, or district, who obtains
access to information contained in, or derived from, sales or
transactions and use tax records of the board pursuant to subdivision
(b), to retain that information after that person's contract with
the county, city and county, city, or district has expired.
(3) Notwithstanding paragraphs (1) and (2), the Governor may, by
general or special order, authorize examination by other state
officers, by tax officers of another state, by the federal
government, if a reciprocal arrangement exists, by the tax officials
of Mexico, if a reciprocal agreement exists, or by any other person
of the records maintained by the board under this part. The
information so obtained pursuant to the order of the Governor shall
not be made public except to the extent and in the manner that the
order may authorize that it be made public.
(b) When requested by resolution of the legislative body of any
county, city and county, city, or district, the board shall permit
any duly authorized officer or employee of the county, city and
county, city, or district, or other person designated by that
resolution, to examine all of the sales or transactions and use tax
records of the board pertaining to the ascertainment of those sales
or transactions and use taxes to be collected for the county, city
and county, city, or district by the board pursuant to contract
entered into between the board and the county, city and county, city,
or district under the Bradley-Burns Uniform Local Sales and Use Tax
Law (Part 1.5 (commencing with Section 7200)) or the Transactions and
Use Tax Law (Part 1.6 (commencing with Section 7251)). Except as
otherwise provided herein, this subdivision shall not be construed to
allow any officer, employee, or other person authorized or
designated by a county, city and county, city, or district to examine
any sales or transactions and use tax records of any taxpayer. The
costs that are incurred by the board in complying with a request made
pursuant to this subdivision shall be deducted by the board from
those revenues collected by the board on behalf of the county, city
and county, city, or district making the request.
(1) The resolution shall certify that any person designated by the
resolution, other than an officer or employee, meets all of the
following conditions:
(A) Has an existing contract with the county, city and county,
city, or district to examine those sales and use tax records.
(B) Is required by that contract to disclose information contained
in, or derived from, those sales or transactions and use tax records
only to an officer or employee of the county, city and county, city,
or district who is authorized by the resolution to examine the
information.
(C) Is prohibited by that contract from performing consulting
services for a retailer during the term of that contract.
(D) Is prohibited by that contract from retaining the information
contained in, or derived from, those sales or transactions and use
tax records, after that contract has expired.
(2) Information obtained by examination of board records as
permitted in this subdivision shall be used only for purposes related
to the collection of local sales or transactions and use taxes by
the board pursuant to the contract, or for purposes related to other
governmental functions of the county, city and county, city, or
district set forth in the resolution.
(c) If the board believes that any information obtained pursuant
to subdivision (b) has been disclosed to any person not authorized or
designated by the resolution of the legislative body of the county,
city and county, city, or district, or has been used for purposes not
permitted by subdivision (b), then notwithstanding subdivision (b),
the board may impose conditions on access to its sales and use tax
records which the board considers reasonable, in order to protect the
confidentiality of those records.
(d) Predecessors, successors, receivers, trustees, executors,
administrators, assignees, and guarantors, if directly interested,
may be given information as to the items included in the measure and
amounts of any unpaid tax or amounts of tax required to be collected,
interest, and penalties.
(e) For purposes of this section, "reciprocal agreement" means a
formal agreement to exchange information between national taxing
officials of Mexico and taxing authorities of the State Board of
Equalization, the Franchise Tax Board, and the Employment Development
Department. Furthermore, the reciprocal agreement shall be limited
to the exchange of information which is essential for tax
administration purposes only. Taxing authorities of the State of
California shall be granted tax information only on California
residents. Taxing authorities of Mexico shall be granted tax
information only on Mexican nationals.
7056.5. (a) Except as otherwise provided by this article or other
express provision of law, the information furnished or secured
pursuant to this part shall be used solely for the purpose of
administering the tax laws or other laws administered by the person
or agency obtaining it. Any willful unauthorized inspection or
unwarranted disclosure or use of the information by the person or
agency, or the employees and officers thereof, is a misdemeanor. For
purposes of this section, "inspection" means any examination of
confidential information furnished or secured pursuant to this part.
(b) The board shall notify a taxpayer of any known incidents of
willful unauthorized inspection or unwarranted disclosure or use of
the taxpayer's confidential tax records, but only if criminal charges
have been filed for the willful unauthorized inspection or
unwarranted disclosure.
7056.6. (a) Except as otherwise provided by law, any person who is
engaged in the business of preparing, or providing services in
connection with the preparation of, returns under Chapter 5
(commencing with Section 6451), or any person who for compensation
prepares any such return for any other person, and who knowingly or
recklessly does either of the following, shall be guilty of a
misdemeanor, and, upon conviction thereof, shall be fined not more
than one thousand dollars ($1,000) or imprisoned no more than one
year, or both, together with the costs of prosecution:
(1) Discloses any information furnished to him or her for, or in
connection with, the preparation of the return.
(2) Uses that information for any purpose other than to prepare,
or assist in preparing, the return.
(b) Subdivision (a) shall not apply to disclosure of information
if that disclosure is made pursuant to the person's consent or
pursuant to a subpoena, court order, or other compulsory legal
process.
7058. A certificate by the board or an employee of the board
stating that a notice required by this part was given by mailing or
personal service shall be prima facie evidence in any administrative
or judicial proceeding of the fact and regularity of the mailing or
personal service in accordance with any requirement of this part for
the giving of a notice. Unless otherwise specifically required, any
notice provided by this part to be mailed or served may be given
either by mailing or by personal service in the manner provided for
giving notice of a deficiency determination.
7060. (a) The board, under regulations prescribed by the board, may
establish a reward program for information resulting in the
identification of underreported or unreported taxes due under this
part. Any reward may not exceed 10 percent of the taxes collected as
a result of the information provided. Any person employed by or under
contract with any state or federal tax collection agency shall not
be eligible for a reward provided pursuant to this section.
(b) Within 2 1/2 years of the effective date of the act adding
this subdivision or within 2 1/2 years of the commencement of a
program pursuant to subdivision (a), whichever is later, the board
shall report to the Legislature on all of the following:
(1) The number of informant letters and telephone calls received
during the 2-year period following the effective date of the act
adding this subdivision or following the commencement of a program
pursuant to subdivision (a), whichever is later.
(2) The amount of additional taxes and penalties assessed and
collected as a result of this program and the amount of rewards
distributed.
(3) The administrative costs incurred in implementing and
operating this program.
(c) Rewards paid pursuant to this section shall be paid from
amounts appropriated by the Legislature for that purpose.
7051. The board shall enforce the provisions of this part and may
prescribe, adopt, and enforce rules and regulations relating to the
administration and enforcement of this part. The board may prescribe
the extent to which any ruling or regulation shall be applied without
retroactive effect.
7051.1. The board may adopt rules and regulations which provide for
the issuance of a permit to a person who holds a valid seller's
permit which allows the purchase of tangible personal property
without payment by the retailer of the tax imposed under this part
and any reimbursement of the sales tax to the retailer by that
person, if all of the following conditions are met:
(a) That person agrees to report and pay the retailer's tax
liability directly to the board.
(b) The board determines that such a direct payment permit will
facilitate the collection of the tax imposed under this part.
(c) The board determines that the issuance of a direct payment
permit is to the mutual convenience of the board, the person to whom
the direct payment permit is issued, and the retailers whose tax
liability will be reported and paid by that person.
(d) The board determines that the issuance of a direct payment
permit will not result in a tax loss either in total or on a cash
flow basis. To ensure against a potential cash flow loss, the board
may accelerate by not more than 10 days the prepayment due dates of a
person.
(e) Any person who is issued a direct payment permit shall include
with each tax return required to be filed under this part a schedule
upon which all local sales and use tax, and any applicable district
transactions and use tax, reported on the return as provided in
subdivision (a) is allocated to the cities, counties, city and
county, redevelopment agencies, and districts to which the tax would
have been allocated if it had been reported and paid by the
retailers.
7051.2. (a) If a holder of a direct payment permit issued by the
board pursuant to Section 7051.1 gives an exemption certificate to a
retailer for the purpose of paying that retailer's tax liability to
the board, and fails or refuses to pay that retailer's tax liability
to the board on a timely basis, then in addition to that retailer's
tax liability, the direct payment permitholder shall be subject to
the same penalty provisions that would apply if that permit holder
was the retailer.
(b) If a holder of a direct payment permit issued by the board
pursuant to Section 7051.1 does not properly allocate a retailer's
local sales and use tax liability, or that retailer's district
transactions and use tax liability, if applicable, to the cities,
counties, city and county, redevelopment agencies, and districts to
which those taxes would have been allocated if properly reported by
that retailer, then the direct payment permitholder shall be liable
to the state for a penalty of 10 percent of the amount of that
retailer's tax liability not properly allocated by the direct payment
permitholder for improper allocation due to negligence or
intentional disregard of the law.
7051.3. (a) "Use tax direct payment permit" means a permit issued
by the board that allows a taxpayer to self-assess and pay state and
local use tax under Part 1 (commencing with Section 6001), Part 1.5
(commencing with Section 7200), and if otherwise applicable, Part 1.6
(commencing with Section 7251), and Part 1.7 (commencing with
Section 7280) directly to the board.
(b) Every person seeking to pay use taxes directly to the board
shall file an application for a use tax direct payment permit. An
application for a use tax direct payment permit shall be made upon a
form prescribed by the board and shall set forth the name under which
the applicant transacts or intends to transact business, the
location of the place or places of business where the applicant
intends to make direct payment of use tax, and any other information
that the board may require. An applicant for a use tax direct payment
permit may register as a place to make direct payment of use tax,
any of the places of business in this state that the applicant
expects to be a place of first use for purchases subject to use tax,
in accordance with the requirements of subdivision (d). The
application shall be signed by the owner, if a natural person; in the
case of an association or partnership, by a member or partner; and
in the case of a corporation, by an executive officer or some person
specifically authorized by the corporation to sign the application.
(c) Pursuant to an application, a use tax direct payment permit
shall be issued to any person who meets all of the following
conditions:
(1) The applicant agrees to self-assess and pay directly to the
board any use tax liability incurred under this section.
(2) The applicant certifies to the board either of the following:
(A) The applicant is the purchaser for its own use or is the
lessee of tangible personal property at a cost of five hundred
thousand dollars ($500,000) or more in the aggregate, during the
calendar year immediately preceding the application for the permit.
(B) The applicant is a county, city, city and county, or
redevelopment agency.
(d) Any person who holds a valid use tax direct payment permit
shall self-assess and pay directly to the board use taxes due under
this part, Part 1.5 (commencing with Section 7200), and if otherwise
applicable, Part 1.6 (commencing with Section 7251), and Part 1.7
(commencing with Section 7280) for all purchases subject to use tax
for which a use tax direct payment exemption certificate was issued,
and shall report on the tax return required to be filed by Section
6452, the amount of local use tax applicable to each county, city,
city and county, or redevelopment agency in which the first "use," as
defined in Section 6009, occurs.
(e) The board shall allow any holder of a use tax direct payment
permit to issue a use tax direct payment certificate to any
registered retailer or seller subject to all of the following:
(1) The use tax direct payment certificate shall be in a form
prescribed by the board, and shall be signed by, and bear the name,
address, and permit number of, the holder of the use tax direct
payment permit.
(2) Once a use tax direct payment certificate has been issued by a
holder of a use tax direct payment permit, it shall remain effective
until revised or withdrawn by the holder of the permit or until the
retailer or seller has received actual notice that the permit has
been revoked by the board.
(3) A use tax direct payment certificate relieves a person selling
property from the duty of collecting use tax only if taken in good
faith from a person who holds a use tax direct payment permit. A
purchaser who issues a use tax direct payment certificate that is
accepted in good faith by a seller or retailer of tangible personal
property shall be the sole person liable for any sales tax and
related interest and penalties with respect to any transaction that
is subsequently determined by the board to be subject to sales tax
and not use tax.
(4) Any person who holds a use tax direct payment permit and gives
a use tax direct payment certificate to a seller or retailer shall,
in addition to any applicable use tax liabilities, be subject to the
same penalty provisions that apply to a seller or retailer.
(f) It is the intent of the Legislature that the board administer
this part in a manner which assures that local use tax be received by
the county, city, city and county, or redevelopment agency where the
first use occurs.
7051.5. The board shall prescribe rules and regulations respecting
retail grocers who sell both taxable items and exempt food items to
provide one or more methods whereby they may report their sales tax
liabilities in as simplified a manner as is consistent with law. Such
rules and regulations shall be applied equally to all grocers who
report their sales tax liabilities thereunder.
7052. The board may employ accountants, auditors, investigators,
assistants, and clerks necessary for the efficient administration of
this part and may designate representatives to conduct hearings,
prescribe regulations, or perform any other duties imposed by this
part or other laws of this State upon the board.
7053. Every seller, every retailer as defined in subdivision (b) of
Section 6015, and every person storing, using, or otherwise
consuming in this State tangible personal property purchased from a
retailer shall keep such records, receipts, invoices, and other
pertinent papers in such form as the board may require.
7054. The board or any person authorized in writing by it may
examine the books, papers, records, and equipment of any person
selling tangible personal property and any person liable for the use
tax and may investigate the character of the business of the person
in order to verify the accuracy of any return made, or, if no return
is made by the person, to ascertain and determine the amount required
to be paid.
7055. In administration of the use tax the board may require the
filing of reports by any person or class of persons having in his or
their possession or custody information relating to sales of tangible
personal property the storage, use, or other consumption of which is
subject to the tax. The reports shall be filed when the board
requires and shall set forth the names and addresses of purchasers of
the tangible personal property, the sales price of the property, the
date of sale, and such other information as the board may require.
7056. (a) (1) Excepting the information set forth on permits issued
under Article 2 (commencing with Section 6066) of Chapter 2, the
information set forth on certificates of registration issued pursuant
to Section 6226, and the terms of any settlement made pursuant to
Section 19442 (as amended by Chapter 138 of the Statutes of 1994), it
is unlawful for the board, any person having an administrative duty
under this part or any person who obtains access to information
contained in, or derived from, sales or transactions and use tax
records of the board pursuant to subdivision (b), to make known in
any manner whatever the business affairs, operations, or any other
information pertaining to any retailer or any other person required
to report to the board or pay a tax pursuant to this part, or the
amount or source of income, profits, losses, expenditures, or any
particular thereof, set forth or disclosed in any return, or to
permit any return or copy thereof or any book containing any abstract
or particulars thereof to be seen or examined by any person.
(2) It is also unlawful for any person, other than an officer or
employee of a county, city and county, city, or district, who obtains
access to information contained in, or derived from, sales or
transactions and use tax records of the board pursuant to subdivision
(b), to retain that information after that person's contract with
the county, city and county, city, or district has expired.
(3) Notwithstanding paragraphs (1) and (2), the Governor may, by
general or special order, authorize examination by other state
officers, by tax officers of another state, by the federal
government, if a reciprocal arrangement exists, by the tax officials
of Mexico, if a reciprocal agreement exists, or by any other person
of the records maintained by the board under this part. The
information so obtained pursuant to the order of the Governor shall
not be made public except to the extent and in the manner that the
order may authorize that it be made public.
(b) When requested by resolution of the legislative body of any
county, city and county, city, or district, the board shall permit
any duly authorized officer or employee of the county, city and
county, city, or district, or other person designated by that
resolution, to examine all of the sales or transactions and use tax
records of the board pertaining to the ascertainment of those sales
or transactions and use taxes to be collected for the county, city
and county, city, or district by the board pursuant to contract
entered into between the board and the county, city and county, city,
or district under the Bradley-Burns Uniform Local Sales and Use Tax
Law (Part 1.5 (commencing with Section 7200)) or the Transactions and
Use Tax Law (Part 1.6 (commencing with Section 7251)). Except as
otherwise provided herein, this subdivision shall not be construed to
allow any officer, employee, or other person authorized or
designated by a county, city and county, city, or district to examine
any sales or transactions and use tax records of any taxpayer. The
costs that are incurred by the board in complying with a request made
pursuant to this subdivision shall be deducted by the board from
those revenues collected by the board on behalf of the county, city
and county, city, or district making the request.
(1) The resolution shall certify that any person designated by the
resolution, other than an officer or employee, meets all of the
following conditions:
(A) Has an existing contract with the county, city and county,
city, or district to examine those sales and use tax records.
(B) Is required by that contract to disclose information contained
in, or derived from, those sales or transactions and use tax records
only to an officer or employee of the county, city and county, city,
or district who is authorized by the resolution to examine the
information.
(C) Is prohibited by that contract from performing consulting
services for a retailer during the term of that contract.
(D) Is prohibited by that contract from retaining the information
contained in, or derived from, those sales or transactions and use
tax records, after that contract has expired.
(2) Information obtained by examination of board records as
permitted in this subdivision shall be used only for purposes related
to the collection of local sales or transactions and use taxes by
the board pursuant to the contract, or for purposes related to other
governmental functions of the county, city and county, city, or
district set forth in the resolution.
(c) If the board believes that any information obtained pursuant
to subdivision (b) has been disclosed to any person not authorized or
designated by the resolution of the legislative body of the county,
city and county, city, or district, or has been used for purposes not
permitted by subdivision (b), then notwithstanding subdivision (b),
the board may impose conditions on access to its sales and use tax
records which the board considers reasonable, in order to protect the
confidentiality of those records.
(d) Predecessors, successors, receivers, trustees, executors,
administrators, assignees, and guarantors, if directly interested,
may be given information as to the items included in the measure and
amounts of any unpaid tax or amounts of tax required to be collected,
interest, and penalties.
(e) For purposes of this section, "reciprocal agreement" means a
formal agreement to exchange information between national taxing
officials of Mexico and taxing authorities of the State Board of
Equalization, the Franchise Tax Board, and the Employment Development
Department. Furthermore, the reciprocal agreement shall be limited
to the exchange of information which is essential for tax
administration purposes only. Taxing authorities of the State of
California shall be granted tax information only on California
residents. Taxing authorities of Mexico shall be granted tax
information only on Mexican nationals.
7056.5. (a) Except as otherwise provided by this article or other
express provision of law, the information furnished or secured
pursuant to this part shall be used solely for the purpose of
administering the tax laws or other laws administered by the person
or agency obtaining it. Any willful unauthorized inspection or
unwarranted disclosure or use of the information by the person or
agency, or the employees and officers thereof, is a misdemeanor. For
purposes of this section, "inspection" means any examination of
confidential information furnished or secured pursuant to this part.
(b) The board shall notify a taxpayer of any known incidents of
willful unauthorized inspection or unwarranted disclosure or use of
the taxpayer's confidential tax records, but only if criminal charges
have been filed for the willful unauthorized inspection or
unwarranted disclosure.
7056.6. (a) Except as otherwise provided by law, any person who is
engaged in the business of preparing, or providing services in
connection with the preparation of, returns under Chapter 5
(commencing with Section 6451), or any person who for compensation
prepares any such return for any other person, and who knowingly or
recklessly does either of the following, shall be guilty of a
misdemeanor, and, upon conviction thereof, shall be fined not more
than one thousand dollars ($1,000) or imprisoned no more than one
year, or both, together with the costs of prosecution:
(1) Discloses any information furnished to him or her for, or in
connection with, the preparation of the return.
(2) Uses that information for any purpose other than to prepare,
or assist in preparing, the return.
(b) Subdivision (a) shall not apply to disclosure of information
if that disclosure is made pursuant to the person's consent or
pursuant to a subpoena, court order, or other compulsory legal
process.
7058. A certificate by the board or an employee of the board
stating that a notice required by this part was given by mailing or
personal service shall be prima facie evidence in any administrative
or judicial proceeding of the fact and regularity of the mailing or
personal service in accordance with any requirement of this part for
the giving of a notice. Unless otherwise specifically required, any
notice provided by this part to be mailed or served may be given
either by mailing or by personal service in the manner provided for
giving notice of a deficiency determination.
7060. (a) The board, under regulations prescribed by the board, may
establish a reward program for information resulting in the
identification of underreported or unreported taxes due under this
part. Any reward may not exceed 10 percent of the taxes collected as
a result of the information provided. Any person employed by or under
contract with any state or federal tax collection agency shall not
be eligible for a reward provided pursuant to this section.
(b) Within 2 1/2 years of the effective date of the act adding
this subdivision or within 2 1/2 years of the commencement of a
program pursuant to subdivision (a), whichever is later, the board
shall report to the Legislature on all of the following:
(1) The number of informant letters and telephone calls received
during the 2-year period following the effective date of the act
adding this subdivision or following the commencement of a program
pursuant to subdivision (a), whichever is later.
(2) The amount of additional taxes and penalties assessed and
collected as a result of this program and the amount of rewards
distributed.
(3) The administrative costs incurred in implementing and
operating this program.
(c) Rewards paid pursuant to this section shall be paid from
amounts appropriated by the Legislature for that purpose.
7051. The board shall enforce the provisions of this part and may
prescribe, adopt, and enforce rules and regulations relating to the
administration and enforcement of this part. The board may prescribe
the extent to which any ruling or regulation shall be applied without
retroactive effect.
7051.1. The board may adopt rules and regulations which provide for
the issuance of a permit to a person who holds a valid seller's
permit which allows the purchase of tangible personal property
without payment by the retailer of the tax imposed under this part
and any reimbursement of the sales tax to the retailer by that
person, if all of the following conditions are met:
(a) That person agrees to report and pay the retailer's tax
liability directly to the board.
(b) The board determines that such a direct payment permit will
facilitate the collection of the tax imposed under this part.
(c) The board determines that the issuance of a direct payment
permit is to the mutual convenience of the board, the person to whom
the direct payment permit is issued, and the retailers whose tax
liability will be reported and paid by that person.
(d) The board determines that the issuance of a direct payment
permit will not result in a tax loss either in total or on a cash
flow basis. To ensure against a potential cash flow loss, the board
may accelerate by not more than 10 days the prepayment due dates of a
person.
(e) Any person who is issued a direct payment permit shall include
with each tax return required to be filed under this part a schedule
upon which all local sales and use tax, and any applicable district
transactions and use tax, reported on the return as provided in
subdivision (a) is allocated to the cities, counties, city and
county, redevelopment agencies, and districts to which the tax would
have been allocated if it had been reported and paid by the
retailers.
7051.2. (a) If a holder of a direct payment permit issued by the
board pursuant to Section 7051.1 gives an exemption certificate to a
retailer for the purpose of paying that retailer's tax liability to
the board, and fails or refuses to pay that retailer's tax liability
to the board on a timely basis, then in addition to that retailer's
tax liability, the direct payment permitholder shall be subject to
the same penalty provisions that would apply if that permit holder
was the retailer.
(b) If a holder of a direct payment permit issued by the board
pursuant to Section 7051.1 does not properly allocate a retailer's
local sales and use tax liability, or that retailer's district
transactions and use tax liability, if applicable, to the cities,
counties, city and county, redevelopment agencies, and districts to
which those taxes would have been allocated if properly reported by
that retailer, then the direct payment permitholder shall be liable
to the state for a penalty of 10 percent of the amount of that
retailer's tax liability not properly allocated by the direct payment
permitholder for improper allocation due to negligence or
intentional disregard of the law.
7051.3. (a) "Use tax direct payment permit" means a permit issued
by the board that allows a taxpayer to self-assess and pay state and
local use tax under Part 1 (commencing with Section 6001), Part 1.5
(commencing with Section 7200), and if otherwise applicable, Part 1.6
(commencing with Section 7251), and Part 1.7 (commencing with
Section 7280) directly to the board.
(b) Every person seeking to pay use taxes directly to the board
shall file an application for a use tax direct payment permit. An
application for a use tax direct payment permit shall be made upon a
form prescribed by the board and shall set forth the name under which
the applicant transacts or intends to transact business, the
location of the place or places of business where the applicant
intends to make direct payment of use tax, and any other information
that the board may require. An applicant for a use tax direct payment
permit may register as a place to make direct payment of use tax,
any of the places of business in this state that the applicant
expects to be a place of first use for purchases subject to use tax,
in accordance with the requirements of subdivision (d). The
application shall be signed by the owner, if a natural person; in the
case of an association or partnership, by a member or partner; and
in the case of a corporation, by an executive officer or some person
specifically authorized by the corporation to sign the application.
(c) Pursuant to an application, a use tax direct payment permit
shall be issued to any person who meets all of the following
conditions:
(1) The applicant agrees to self-assess and pay directly to the
board any use tax liability incurred under this section.
(2) The applicant certifies to the board either of the following:
(A) The applicant is the purchaser for its own use or is the
lessee of tangible personal property at a cost of five hundred
thousand dollars ($500,000) or more in the aggregate, during the
calendar year immediately preceding the application for the permit.
(B) The applicant is a county, city, city and county, or
redevelopment agency.
(d) Any person who holds a valid use tax direct payment permit
shall self-assess and pay directly to the board use taxes due under
this part, Part 1.5 (commencing with Section 7200), and if otherwise
applicable, Part 1.6 (commencing with Section 7251), and Part 1.7
(commencing with Section 7280) for all purchases subject to use tax
for which a use tax direct payment exemption certificate was issued,
and shall report on the tax return required to be filed by Section
6452, the amount of local use tax applicable to each county, city,
city and county, or redevelopment agency in which the first "use," as
defined in Section 6009, occurs.
(e) The board shall allow any holder of a use tax direct payment
permit to issue a use tax direct payment certificate to any
registered retailer or seller subject to all of the following:
(1) The use tax direct payment certificate shall be in a form
prescribed by the board, and shall be signed by, and bear the name,
address, and permit number of, the holder of the use tax direct
payment permit.
(2) Once a use tax direct payment certificate has been issued by a
holder of a use tax direct payment permit, it shall remain effective
until revised or withdrawn by the holder of the permit or until the
retailer or seller has received actual notice that the permit has
been revoked by the board.
(3) A use tax direct payment certificate relieves a person selling
property from the duty of collecting use tax only if taken in good
faith from a person who holds a use tax direct payment permit. A
purchaser who issues a use tax direct payment certificate that is
accepted in good faith by a seller or retailer of tangible personal
property shall be the sole person liable for any sales tax and
related interest and penalties with respect to any transaction that
is subsequently determined by the board to be subject to sales tax
and not use tax.
(4) Any person who holds a use tax direct payment permit and gives
a use tax direct payment certificate to a seller or retailer shall,
in addition to any applicable use tax liabilities, be subject to the
same penalty provisions that apply to a seller or retailer.
(f) It is the intent of the Legislature that the board administer
this part in a manner which assures that local use tax be received by
the county, city, city and county, or redevelopment agency where the
first use occurs.
7051.5. The board shall prescribe rules and regulations respecting
retail grocers who sell both taxable items and exempt food items to
provide one or more methods whereby they may report their sales tax
liabilities in as simplified a manner as is consistent with law. Such
rules and regulations shall be applied equally to all grocers who
report their sales tax liabilities thereunder.
7052. The board may employ accountants, auditors, investigators,
assistants, and clerks necessary for the efficient administration of
this part and may designate representatives to conduct hearings,
prescribe regulations, or perform any other duties imposed by this
part or other laws of this State upon the board.
7053. Every seller, every retailer as defined in subdivision (b) of
Section 6015, and every person storing, using, or otherwise
consuming in this State tangible personal property purchased from a
retailer shall keep such records, receipts, invoices, and other
pertinent papers in such form as the board may require.
7054. The board or any person authorized in writing by it may
examine the books, papers, records, and equipment of any person
selling tangible personal property and any person liable for the use
tax and may investigate the character of the business of the person
in order to verify the accuracy of any return made, or, if no return
is made by the person, to ascertain and determine the amount required
to be paid.
7055. In administration of the use tax the board may require the
filing of reports by any person or class of persons having in his or
their possession or custody information relating to sales of tangible
personal property the storage, use, or other consumption of which is
subject to the tax. The reports shall be filed when the board
requires and shall set forth the names and addresses of purchasers of
the tangible personal property, the sales price of the property, the
date of sale, and such other information as the board may require.
7056. (a) (1) Excepting the information set forth on permits issued
under Article 2 (commencing with Section 6066) of Chapter 2, the
information set forth on certificates of registration issued pursuant
to Section 6226, and the terms of any settlement made pursuant to
Section 19442 (as amended by Chapter 138 of the Statutes of 1994), it
is unlawful for the board, any person having an administrative duty
under this part or any person who obtains access to information
contained in, or derived from, sales or transactions and use tax
records of the board pursuant to subdivision (b), to make known in
any manner whatever the business affairs, operations, or any other
information pertaining to any retailer or any other person required
to report to the board or pay a tax pursuant to this part, or the
amount or source of income, profits, losses, expenditures, or any
particular thereof, set forth or disclosed in any return, or to
permit any return or copy thereof or any book containing any abstract
or particulars thereof to be seen or examined by any person.
(2) It is also unlawful for any person, other than an officer or
employee of a county, city and county, city, or district, who obtains
access to information contained in, or derived from, sales or
transactions and use tax records of the board pursuant to subdivision
(b), to retain that information after that person's contract with
the county, city and county, city, or district has expired.
(3) Notwithstanding paragraphs (1) and (2), the Governor may, by
general or special order, authorize examination by other state
officers, by tax officers of another state, by the federal
government, if a reciprocal arrangement exists, by the tax officials
of Mexico, if a reciprocal agreement exists, or by any other person
of the records maintained by the board under this part. The
information so obtained pursuant to the order of the Governor shall
not be made public except to the extent and in the manner that the
order may authorize that it be made public.
(b) When requested by resolution of the legislative body of any
county, city and county, city, or district, the board shall permit
any duly authorized officer or employee of the county, city and
county, city, or district, or other person designated by that
resolution, to examine all of the sales or transactions and use tax
records of the board pertaining to the ascertainment of those sales
or transactions and use taxes to be collected for the county, city
and county, city, or district by the board pursuant to contract
entered into between the board and the county, city and county, city,
or district under the Bradley-Burns Uniform Local Sales and Use Tax
Law (Part 1.5 (commencing with Section 7200)) or the Transactions and
Use Tax Law (Part 1.6 (commencing with Section 7251)). Except as
otherwise provided herein, this subdivision shall not be construed to
allow any officer, employee, or other person authorized or
designated by a county, city and county, city, or district to examine
any sales or transactions and use tax records of any taxpayer. The
costs that are incurred by the board in complying with a request made
pursuant to this subdivision shall be deducted by the board from
those revenues collected by the board on behalf of the county, city
and county, city, or district making the request.
(1) The resolution shall certify that any person designated by the
resolution, other than an officer or employee, meets all of the
following conditions:
(A) Has an existing contract with the county, city and county,
city, or district to examine those sales and use tax records.
(B) Is required by that contract to disclose information contained
in, or derived from, those sales or transactions and use tax records
only to an officer or employee of the county, city and county, city,
or district who is authorized by the resolution to examine the
information.
(C) Is prohibited by that contract from performing consulting
services for a retailer during the term of that contract.
(D) Is prohibited by that contract from retaining the information
contained in, or derived from, those sales or transactions and use
tax records, after that contract has expired.
(2) Information obtained by examination of board records as
permitted in this subdivision shall be used only for purposes related
to the collection of local sales or transactions and use taxes by
the board pursuant to the contract, or for purposes related to other
governmental functions of the county, city and county, city, or
district set forth in the resolution.
(c) If the board believes that any information obtained pursuant
to subdivision (b) has been disclosed to any person not authorized or
designated by the resolution of the legislative body of the county,
city and county, city, or district, or has been used for purposes not
permitted by subdivision (b), then notwithstanding subdivision (b),
the board may impose conditions on access to its sales and use tax
records which the board considers reasonable, in order to protect the
confidentiality of those records.
(d) Predecessors, successors, receivers, trustees, executors,
administrators, assignees, and guarantors, if directly interested,
may be given information as to the items included in the measure and
amounts of any unpaid tax or amounts of tax required to be collected,
interest, and penalties.
(e) For purposes of this section, "reciprocal agreement" means a
formal agreement to exchange information between national taxing
officials of Mexico and taxing authorities of the State Board of
Equalization, the Franchise Tax Board, and the Employment Development
Department. Furthermore, the reciprocal agreement shall be limited
to the exchange of information which is essential for tax
administration purposes only. Taxing authorities of the State of
California shall be granted tax information only on California
residents. Taxing authorities of Mexico shall be granted tax
information only on Mexican nationals.
7056.5. (a) Except as otherwise provided by this article or other
express provision of law, the information furnished or secured
pursuant to this part shall be used solely for the purpose of
administering the tax laws or other laws administered by the person
or agency obtaining it. Any willful unauthorized inspection or
unwarranted disclosure or use of the information by the person or
agency, or the employees and officers thereof, is a misdemeanor. For
purposes of this section, "inspection" means any examination of
confidential information furnished or secured pursuant to this part.
(b) The board shall notify a taxpayer of any known incidents of
willful unauthorized inspection or unwarranted disclosure or use of
the taxpayer's confidential tax records, but only if criminal charges
have been filed for the willful unauthorized inspection or
unwarranted disclosure.
7056.6. (a) Except as otherwise provided by law, any person who is
engaged in the business of preparing, or providing services in
connection with the preparation of, returns under Chapter 5
(commencing with Section 6451), or any person who for compensation
prepares any such return for any other person, and who knowingly or
recklessly does either of the following, shall be guilty of a
misdemeanor, and, upon conviction thereof, shall be fined not more
than one thousand dollars ($1,000) or imprisoned no more than one
year, or both, together with the costs of prosecution:
(1) Discloses any information furnished to him or her for, or in
connection with, the preparation of the return.
(2) Uses that information for any purpose other than to prepare,
or assist in preparing, the return.
(b) Subdivision (a) shall not apply to disclosure of information
if that disclosure is made pursuant to the person's consent or
pursuant to a subpoena, court order, or other compulsory legal
process.
7058. A certificate by the board or an employee of the board
stating that a notice required by this part was given by mailing or
personal service shall be prima facie evidence in any administrative
or judicial proceeding of the fact and regularity of the mailing or
personal service in accordance with any requirement of this part for
the giving of a notice. Unless otherwise specifically required, any
notice provided by this part to be mailed or served may be given
either by mailing or by personal service in the manner provided for
giving notice of a deficiency determination.
7060. (a) The board, under regulations prescribed by the board, may
establish a reward program for information resulting in the
identification of underreported or unreported taxes due under this
part. Any reward may not exceed 10 percent of the taxes collected as
a result of the information provided. Any person employed by or under
contract with any state or federal tax collection agency shall not
be eligible for a reward provided pursuant to this section.
(b) Within 2 1/2 years of the effective date of the act adding
this subdivision or within 2 1/2 years of the commencement of a
program pursuant to subdivision (a), whichever is later, the board
shall report to the Legislature on all of the following:
(1) The number of informant letters and telephone calls received
during the 2-year period following the effective date of the act
adding this subdivision or following the commencement of a program
pursuant to subdivision (a), whichever is later.
(2) The amount of additional taxes and penalties assessed and
collected as a result of this program and the amount of rewards
distributed.
(3) The administrative costs incurred in implementing and
operating this program.
(c) Rewards paid pursuant to this section shall be paid from
amounts appropriated by the Legislature for that purpose.
