Cal. Rev. & Tax. Code § 38601

Current through the 2023 Legislative Session.
Section 38601 - Determination of erroneous or illegal collection or computation of amount, penalty, or interest

If the department determines that any amount, penalty, or interest has been paid more than once or has been erroneously or illegally collected or computed, the department shall set forth that fact in the records of the department, certify the amount collected in excess of the amount legally due and the person from whom it was collected or by whom paid, and credit the excess amount collected or paid on any amounts then due and payable from the person from whom the excess amount was collected or by whom it was paid under this part, and the balance shall be refunded to the person, or the person's successors, administrators, or executors. Any determination by the department pursuant to this section with respect to an amount in excess of fifty thousand dollars ($50,000) shall be available as a public record for at least 10 days after the effective date of that determination.

Ca. Rev. and Tax. Code § 38601

Amended by Stats 2022 ch 474 (SB 1496),s 48, eff. 1/1/2023.
Amended by Stats. 1994, Ch. 726, Sec. 43. Effective September 22, 1994.