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CA SB1113

Bill

Status

Introduced

2/17/2010

Primary Sponsor

Lois Wolk

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Origin

Senate

2009-2010 Session

AI Summary

  • Authorizes the Franchise Tax Board to file trial de novo actions in superior court within 90 days after State Board of Equalization determinations become final, for determinations issued on or after January 1, 2011.

  • Applies to deficiencies exceeding $100,000 for Personal Income Tax Law taxpayers or $1,000,000 for Corporation Tax Law taxpayers, covering tax, penalties, interest, additions, and fees.

  • Establishes rebuttable presumption that the Franchise Tax Board's notice of action is correct, with taxpayers bearing the burden of proof to challenge it.

  • Requires actions to be brought in the city or county where the Attorney General maintains an office nearest to the taxpayer's residence or principal place of business, or any office if taxpayer no longer resides in California.

  • Permits taxpayers to file motions to change venue to a location closer to their principal residence or principal place of business without opposition from the Attorney General or Franchise Tax Board counsel.

Legislative Description

Franchise Tax Board: tax administration: determinations.

Last Action

Placed on inactive file on request of Senator Wolk.

6/14/2010

Committee Referrals

Appropriations4/27/2010
Judiciary4/15/2010
Revenue and Taxation4/8/2010
Rules2/17/2010

Full Bill Text

No bill text available