2007 California Revenue and Taxation Code Article 2. Refund Or Credit For Collected Taxes

CA Codes (rtc:12977-12984)

12977.  (a) If the board determines that any tax, interest, or
penalty has been paid more than once or has been erroneously or
illegally collected or computed, the board shall set forth that fact
in its records of the board, certify the amount of the taxes,
interest, or penalties collected in excess of what was legally due,
and from whom they were collected or by whom paid, and certify the
excess to the Controller for credit or refund.
   (b) The Controller upon receipt of a certification for credit or
refund shall credit the excess on any amounts then due and payable
from the insurer or surplus line broker under this part and refund
the balance.
   (c) Any proposed determination by the board pursuant to this
section with respect to an amount in excess of fifty thousand dollars
(,000) shall be available as a public record for at least 10 days
prior to the effective date of that determination.



12978.  No credit or refund shall be allowed or approved after four
years after April 1st of the year following the year for which the
overpayment was made, or with respect to a deficiency assessment made
under Article 3 (commencing with Section 12421) of Chapter 4 after
six months from the date the deficiency assessment becomes final, or
after six months from the date of the overpayment, whichever period
expires the later, unless a claim therefor is filed with the
commissioner or the board within that period.



12979.  Every claim for refund or credit shall be in writing and
shall state the specific grounds upon which it is founded.



12980.  Failure to file a claim for refund or credit within the time
prescribed in this article constitutes a waiver of any demand
against the State on account of overpayment.



12981.  Within 30 days after disallowing any claim for refund or
credit in whole or in part the board shall mail notice of its action
to the claimant at its address as it appears in the records of the
board.


12982.  If the claim for refund or credit is presented to the
commissioner he shall forthwith transmit it to the board, together
with a statement of any information he may have concerning the
subject of the claim.


12983.  Interest shall be allowed upon the amount of any overpayment
of tax by an insurer pursuant to this part at the modified adjusted
rate per month established pursuant to Section 6591.5, from the first
day of the monthly period following the period during which the
overpayment was made.  For purposes of this section, "monthly period"
means the month commencing on the day after the due date of the
payment through the same date as the due date in each successive
month.  In addition, a refund or credit shall be made of any interest
imposed upon the claimant with respect to the amount being refunded
or credited.
   The interest shall be paid as follows:
   (a) In the case of a refund, to the last day of the calendar month
following the date upon which the claimant is notified in writing
that a claim may be filed or the date upon which the claim is
approved by the board, whichever date is the earlier.
   (b) In the case of a credit, to the same date as that to which
interest is computed on the tax or amount against which the credit is
applied.



12983.1.  Interest shall be allowed upon the amount of any
overpayment of tax by a surplus line broker pursuant to this part at
the rate of 1 percent per calendar month or fraction thereof, from
the first day of the monthly period following the period during which
the overpayment was made.  For purposes of this section, "monthly
period" means the month commencing on the day after the due date of
the payment through the same date as the due date in each successive
month.  In addition, a refund or credit shall be made of any interest
imposed upon the claimant with respect to the amount being refunded
or credited.
   The interest shall be paid as follows:
   (a) In the case of a refund, to the last day of the calendar month
following the date upon which the claimant is notified in writing
that a claim may be filed or the date upon which the claim is
approved by the board, whichever date is the earlier.
   (b) In the case of a credit, to the same date as that to which
interest is computed on the tax or amount against which the credit is
applied.



12983.5.  If any overpayment of taxes imposed by this part is
refunded or credited within 90 days after the due date of the tax for
the year for which the overpayment was made, no interest shall be
allowed on that overpayment.


12984.  (a) If the board determines that any overpayment has been
made intentionally or made not incident to a bona fide and orderly
discharge of a liability reasonably assumed by the insurer or surplus
line broker to be imposed by law, no interest shall be allowed on
the overpayment.
   (b) If any insurer or surplus line broker which has filed a claim
for refund requests the board to defer action on its claim, the
board, as a condition to deferring action, may require the claimant
to waive interest for the period during which the insurer or surplus
line broker requests the board to defer action on the claim.