Section 41097.5 - Relief from interest where failure to pay tax due to error or delay by department employee(a) The department, in its discretion, may relieve all or any part of the interest imposed on a person by this part if the failure to pay the surcharge is due in whole or in part to an unreasonable error or delay by an employee of the department acting in the employee's official capacity.(b) For purposes of this section, an error or delay shall be deemed to have occurred only if no significant aspect of the error or delay is attributable to an act of, or a failure to act by, the taxpayer.(c) Any person seeking relief under this section shall file with the department a statement under penalty of perjury setting forth the facts on which the claim for relief is based and any other information which the department may require.(d) The department may grant relief only for interest imposed on surcharge liabilities that arise during surcharge periods commencing on or after January 1, 2000.Ca. Rev. and Tax. Code § 41097.5
Amended by Stats 2021 ch 432 (SB 824),s 97, eff. 1/1/2022.Amended by Stats 2001 ch 251 (AB 1123), s 29, eff. 1/1/2002.Added October 10, 1999 (Bill Number: AB 1638) (Chapter 929).