Laws, Regulations & Annotations
Business Taxes Law Guide – Revision 2021
Fee Collection Procedures Law
Chapter 3. Determinations
Article 1. Returns and Payments
55042.5. Interest; daily basis. [Repealed by Stats. 2016, Ch. 264 (AB 2201), in effect January 1, 2017.
55042.5. Interest; daily basis. (a) If the board 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 fee was due until the date of payment, if all of the following occur:
(1) The payment of the fee was made one business day after the date the fee was due.
(2) The person was granted relief from all penalties that applied to that fee payment.
(3) The person files a request for an oral hearing before the board.
(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 purposes of this section, "board" means the members of the State Board of Equalization meeting as a public body.
(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 does not apply to any payment made pursuant to a deficiency determination, a determination where a return has not been filed, or a jeopardy determination issued by the board.
(f) This section only applies to electronic payments of fees.
History.—Added by Stats. 2016, Ch. 264 (AB 2201), in effect January 1, 2017. Stats. 2017, Ch. 561 (AB 1516), in effect January 1, 2018, add commas after "annum" and after "Section 6591.5" in subdivision (b); substitute "does" for "shall" after "This section", substitute "a" for "no" after "determination where", add "not" after "return has", and add comma after "been filed" in subdivision (e); and delete "shall" and substitute "applies" for "apply" in subdivision (f).
Note.—Sec. 1, Stats. 2010, Ch. 316 (SB 1028) provides the following: "It is the intent of the Legislature that California's penalty and interest provisions foster and maintain the current high level of compliance, provide appropriate costs and sanctions for noncompliance, and provide a reasonable and administrable degree of latitude for individual taxpayer circumstances and errors. It is the intent of the Legislature in enacting this act, that the State Board of Equalization strictly and narrowly apply its provisions on a case-by-case basis and only in special circumstances."