7659.9. (a) Any person whose estimated tax 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 tax 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 an electronic funds transfer in compliance with
the due dates set forth in Article 1 (commencing with Section 7651)
and Article 1.1 (commencing with Section 7659). 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 taxes 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 taxes, exclusive of
prepayments, with respect to the period for which the return is
required.
(e) (1) Except as provided in paragraph (2), any person required
to remit taxes pursuant to this article who remits those taxes by
means other than appropriate electronic funds transfer shall pay a
penalty of 10 percent of the taxes incorrectly remitted.
(2) A person required to remit prepayments pursuant to this
article who remits a prepayment by means other than an appropriate
electronic funds transfer shall pay a penalty of 6 percent of the
prepayment incorrectly remitted.
(f) Except as provided by Sections 7659.5 and 7659.6, any person
who fails to pay any tax to the state or any amount of tax required
to be paid to the state, except amounts of determinations made by the
board under Article 2 (commencing with Section 7660) or Article 2.5
(commencing with Section 7670), within the time required shall pay a
penalty of 10 percent of the tax or amount of tax, in addition to the
tax or amount of tax, plus interest at the modified adjusted rate
per month, or fraction thereof, established pursuant to Section
6591.5, from the date on which the tax or the amount of tax required
to be paid became due and payable to the state until the date of
payment.
(g) In determining whether a person's estimated tax liability
averages twenty thousand dollars ($20,000) or more per month, the
board may consider tax returns filed pursuant to this part and any
other information in the board's possession.
(h) Except as provided in subdivision (i), the penalties imposed
by subdivisions (d), (e), and (f) shall be limited to a maximum of 10
percent of the taxes due, exclusive of prepayments, for any one
return. Any person remitting taxes by electronic funds transfer shall
be subject to the penalties under this section and not Section 7655.
(i) The penalties imposed with respect to paragraph (2) of
subdivision (e) and Sections 7659.5 and 7659.6 shall be limited to a
maximum of 6 percent of the prepayment amount.
(j) 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.
7659.91. 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 7659.9. 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.
7659.92. (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 tax.
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 7659.9 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.
7659.93. (a) Any return, report, 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, report,
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.
(d) Upon written approval of the board, a person may satisfy the
requirements of subdivision (a) by executing and providing to the
board a consent and authorization for the Internal Revenue Service to
provide to the board under Section 6103 of the Internal Revenue
Code, the return filed by the person under Section 48.4101-2 of Title
26 of the Code of Federal Regulations. The board, in its sole
discretion, may rescind its approval and require a person to file
reports as specified in subdivision (a).
7659.9. (a) Any person whose estimated tax 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 tax 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 an electronic funds transfer in compliance with
the due dates set forth in Article 1 (commencing with Section 7651)
and Article 1.1 (commencing with Section 7659). 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 taxes 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 taxes, exclusive of
prepayments, with respect to the period for which the return is
required.
(e) (1) Except as provided in paragraph (2), any person required
to remit taxes pursuant to this article who remits those taxes by
means other than appropriate electronic funds transfer shall pay a
penalty of 10 percent of the taxes incorrectly remitted.
(2) A person required to remit prepayments pursuant to this
article who remits a prepayment by means other than an appropriate
electronic funds transfer shall pay a penalty of 6 percent of the
prepayment incorrectly remitted.
(f) Except as provided by Sections 7659.5 and 7659.6, any person
who fails to pay any tax to the state or any amount of tax required
to be paid to the state, except amounts of determinations made by the
board under Article 2 (commencing with Section 7660) or Article 2.5
(commencing with Section 7670), within the time required shall pay a
penalty of 10 percent of the tax or amount of tax, in addition to the
tax or amount of tax, plus interest at the modified adjusted rate
per month, or fraction thereof, established pursuant to Section
6591.5, from the date on which the tax or the amount of tax required
to be paid became due and payable to the state until the date of
payment.
(g) In determining whether a person's estimated tax liability
averages twenty thousand dollars ($20,000) or more per month, the
board may consider tax returns filed pursuant to this part and any
other information in the board's possession.
(h) Except as provided in subdivision (i), the penalties imposed
by subdivisions (d), (e), and (f) shall be limited to a maximum of 10
percent of the taxes due, exclusive of prepayments, for any one
return. Any person remitting taxes by electronic funds transfer shall
be subject to the penalties under this section and not Section 7655.
(i) The penalties imposed with respect to paragraph (2) of
subdivision (e) and Sections 7659.5 and 7659.6 shall be limited to a
maximum of 6 percent of the prepayment amount.
(j) 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.
7659.91. 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 7659.9. 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.
7659.92. (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 tax.
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 7659.9 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.
7659.93. (a) Any return, report, 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, report,
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.
(d) Upon written approval of the board, a person may satisfy the
requirements of subdivision (a) by executing and providing to the
board a consent and authorization for the Internal Revenue Service to
provide to the board under Section 6103 of the Internal Revenue
Code, the return filed by the person under Section 48.4101-2 of Title
26 of the Code of Federal Regulations. The board, in its sole
discretion, may rescind its approval and require a person to file
reports as specified in subdivision (a).
7659.9. (a) Any person whose estimated tax 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 tax 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 an electronic funds transfer in compliance with
the due dates set forth in Article 1 (commencing with Section 7651)
and Article 1.1 (commencing with Section 7659). 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 taxes 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 taxes, exclusive of
prepayments, with respect to the period for which the return is
required.
(e) (1) Except as provided in paragraph (2), any person required
to remit taxes pursuant to this article who remits those taxes by
means other than appropriate electronic funds transfer shall pay a
penalty of 10 percent of the taxes incorrectly remitted.
(2) A person required to remit prepayments pursuant to this
article who remits a prepayment by means other than an appropriate
electronic funds transfer shall pay a penalty of 6 percent of the
prepayment incorrectly remitted.
(f) Except as provided by Sections 7659.5 and 7659.6, any person
who fails to pay any tax to the state or any amount of tax required
to be paid to the state, except amounts of determinations made by the
board under Article 2 (commencing with Section 7660) or Article 2.5
(commencing with Section 7670), within the time required shall pay a
penalty of 10 percent of the tax or amount of tax, in addition to the
tax or amount of tax, plus interest at the modified adjusted rate
per month, or fraction thereof, established pursuant to Section
6591.5, from the date on which the tax or the amount of tax required
to be paid became due and payable to the state until the date of
payment.
(g) In determining whether a person's estimated tax liability
averages twenty thousand dollars ($20,000) or more per month, the
board may consider tax returns filed pursuant to this part and any
other information in the board's possession.
(h) Except as provided in subdivision (i), the penalties imposed
by subdivisions (d), (e), and (f) shall be limited to a maximum of 10
percent of the taxes due, exclusive of prepayments, for any one
return. Any person remitting taxes by electronic funds transfer shall
be subject to the penalties under this section and not Section 7655.
(i) The penalties imposed with respect to paragraph (2) of
subdivision (e) and Sections 7659.5 and 7659.6 shall be limited to a
maximum of 6 percent of the prepayment amount.
(j) 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.
7659.91. 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 7659.9. 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.
7659.92. (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 tax.
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 7659.9 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.
7659.93. (a) Any return, report, 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, report,
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.
(d) Upon written approval of the board, a person may satisfy the
requirements of subdivision (a) by executing and providing to the
board a consent and authorization for the Internal Revenue Service to
provide to the board under Section 6103 of the Internal Revenue
Code, the return filed by the person under Section 48.4101-2 of Title
26 of the Code of Federal Regulations. The board, in its sole
discretion, may rescind its approval and require a person to file
reports as specified in subdivision (a).
