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Business Taxes Law Guide—Revision 2024
Fee Collection Procedures Law
Revenue and Taxation Code
Division 2. Other Taxes
Part 30. Fee Collection Procedures Law
Chapter 3. Determinations
Article 2. Deficiency Determinations
Section 55061
55061. Deficiency determinations; interest; penalty; notice of deficiency determination. (a) If the department is dissatisfied with the return filed or the amount of the fee paid to the state by any feepayer, or if no return has been filed or no payment of the fee has been made to the state by a feepayer, the department may compute and determine the amount to be paid, based upon any information available to it. In addition, where the department is authorized to collect a fee for another state agency, or where the department is authorized to collect a fee under circumstances where the feepayer is not required to file a return, the department may issue a notice of determination or similar billing document for collection of the fee. One or more additional determinations may be made of the amount of the fee due for one, or for more than one period. The amount of the fee so determined shall bear interest at the modified adjusted rate per month, or fraction thereof, established pursuant to Section 6591.5, from the date the amount of the fee, or any portion thereof, became due and payable until the date of payment. In making a determination, the department may offset overpayments for a period or periods against underpayments for another period or periods and against the interest and penalties on the underpayments.
(b) If any part of the deficiency for which a determination of an additional amount due is found to have been occasioned by negligence or intentional disregard of this part or authorized regulations, a penalty of 10 percent of the amount of the determination shall be added, plus interest as provided in subdivision (a).
(c) If any part of the deficiency for which a determination of an additional amount due is found to be occasioned by fraud or an intent to evade this part or authorized regulations, a penalty of 25 percent of the amount of the determination shall be added, plus interest as provided in subdivision (a).
(d) The department shall give to the feepayer written notice of its determination. The notice shall be served in one of the following manners:
(1) By placing the notice in a sealed envelope, with postage paid, addressed to the feepayer at their address as it appears in the records of the department. Service made pursuant to this paragraph shall be deemed complete at the time of the deposit of the notice in a United States Post Office, or a mailbox, sub-post office, substation, or mail chute, or other facility regularly maintained or provided by the United States Postal Service without extension of time for any reason.
(2) By personally delivering the notice to the person to be served. Service made pursuant to this paragraph shall be deemed complete at the time of delivery. Personal service to a corporation may be made by delivery of a notice to any person designated in the Code of Civil Procedure to be served for the corporation with summons and complaint in a civil action.
(3) (A) By delivering the notice electronically via secure transmission when either of the following applies:
(i) The feepayer requests the notice of determination to be sent electronically via secure transmission.
(ii) The department has evidence that the feepayer no longer receives mail at the address of record and has previously provided an address for electronic mail.
(B) Service provided pursuant to subparagraph (A) shall be deemed complete at the time the department electronically transmits the notice via the feepayer’s secure web portal, without extension of time for any reason.
History–Stats. 2004, Ch. 527 (SB 1881), in effect January 1, 2005, added second sentence providing "in addition, where … collection of the fee" to subdivision (a), deleted "made is" after "amount due is" in subdivision (b), and deleted "," after "to be served" in subdivision (d). Stats. 2024, Ch. 499 (SB 1528), in effect January 1, 2024, substituted "department" for "board" throughout; substituted "served in one of the following manners:" for "placed in" in the second sentence and redesignated the remainder of the former second sentence and third sentence of subdivision (d) as paragraph (d)(1); added "By placing the notice in" before "a sealed" and substituted "their" for "his or her" after "feepayer at" in the first sentence, substituted "Service made pursuant to this paragraph" for "The giving of notice" and substituted "substation," for "substation" after "sub-post office," in the second sentence of new paragraph (d)(1); redesignated former third and fourth sentences as paragraph (d)(2); substituted "By personally" for "In lieu of mailing … personally by" before "delivering", added "the notice" after "delivering", and substituted "served." for "served and service" after "person to be" in the first sentence and added "Service made pursuant to this paragraph" before "shall be deemed" as the beginning of the new second sentence of new paragraph (d)(2); added paragraph (d)(3).