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Business Taxes Law Guide—Revision 2024
Use Fuel Tax Law
Revenue and Taxation Code
Division 2. Other Taxes
Part 3. Use Fuel Tax
Chapter 4. Determinations.
Article 6. Interest and Penalties
Section 8878
8878. Relief from interest; disaster. (a) If the department finds that a person's failure to make a timely return or payment was due to a disaster, and occurred notwithstanding the exercise of ordinary care and the absence of willful neglect, the person may be relieved of the interest provided by Sections 8754, 8760, 8803, and 8876.
(b) Except as provided in subdivision (c), any person seeking to be relieved of the interest shall file with the department a statement under penalty of perjury setting forth the facts upon which the person bases the claim for relief.
(c) (1) Subject to paragraph (2), the department may grant relief of the interest for any person in an area identified in a state of emergency proclamation made by the Governor for the period the state of emergency proclamation is effective, regardless of whether the person has filed a statement with the department pursuant to subdivision (b).
(2) The department may grant the relief in paragraph (1) only during the first 12 months following the issuance of the state of emergency proclamation or the duration of the state of emergency, whichever is less.
History—Added by Stats. 1981, Ch. 947, in effect January 1, 1982. Stats. 2000, Ch. 923 (AB 2894), in effect January 1, 2001, substituted "8760, 8803" for "8803" after "provided by Sections" in the first paragraph, and added "or she" after "upon which he" and added "or her" after "bases his" in the second paragraph. Stats. 2001, Ch. 251 (AB 1123), in effect January 1, 2002, added "8754" after "interest provided by Sections" in the first paragraph. Stats. 2022, Ch. 474 (SB 1496), in effect January 1, 2023, substituted "department" for "board" throughout; redesignated former first paragraph as subdivision (a) and former second paragraph as subdivision (b); substituted "Except as provided in subdivision (c), a" for "Any" before "person seeking" and substituted "the person bases their" for "he or she bases his or her" after "facts upon which" in subdivision (b); and added subdivision (c).