Section 41095.5 - Interest(a) If the department finds, taking into account all facts and circumstances, that it is inequitable to compute interest at the modified adjusted rate per month or fraction thereof, as defined in subdivision (b) of Section 6591.5, interest shall be computed at the modified adjusted daily rate from the date on which the surcharges were due until the date of payment, if all of the following occur:(1) The payment of the surcharges was made one business day after the date the surcharges were due.(2) The person was granted relief from all penalties that applied to that payment of the surcharges.(3) The person files a request for a one-day adjustment.(b) For purposes of this section, "modified adjusted daily rate" means the modified adjusted rate per annum as defined in subdivision (a) of Section 6591.5 determined on a daily basis by dividing the modified adjusted rate per annum by 365.(c) For the purposes of this section, "department" means the California Department of Tax and Fee Administration.(d) For purposes of this section, "business day" means any day other than a Saturday, Sunday, or any day designated as a state holiday.(e) This section shall not apply to any payment made pursuant to a deficiency determination, or a determination where no return has been filed.(f) This section shall only apply to electronic payments of surcharges.Ca. Rev. and Tax. Code § 41095.5
Amended by Stats 2022 ch 747 (AB 988),s 27, eff. 9/29/2022.Amended by Stats 2021 ch 432 (SB 824),s 94, eff. 1/1/2022.Added by Stats 2016 ch 264 (AB 2201),s 16, eff. 1/1/2017.