California Revenue and Taxation Code

§ 19368

RTC § 19368 Effective Jan 1, 2009Div. 2 · Part 10.2 · Ch. 6 · Art. 1

Statute text

(a)If the Franchise Tax Board makes or allows a refund or credit that it determines to be erroneous, in whole or in part, the amount erroneously made or allowed may be assessed and collected after notice and demand pursuant to Section 19051 (pertaining to mathematical errors), except that the rights of protest and appeal shall apply with respect to amounts assessable as deficiencies without regard to the running of any period of limitations provided elsewhere in this part. Notice and demand for repayment must be made within two years after the refund or credit was made or allowed, or during the period within which the Franchise Tax Board may mail a notice of proposed deficiency assessment, whichever period expires the later. Abatement of interest on an amount due under this section is governed by subdivision (c) of Section 19104.

(b)(1) This section shall also apply to a misdirected refund. For purposes of this subdivision, a “misdirected refund” means a direct deposit refund that was deposited in the account of a person other than the taxpayer entitled to that refund. A misdirected refund does not include any refund caused by Franchise Tax Board error, which is an erroneous refund under subdivision (a).

(2)This subdivision shall only apply if the Franchise Tax Board determines that all of the following conditions have been satisfied:

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Legislative history

Amended by Stats. 2008, Ch. 234, Sec. 3. Effective January 1, 2009.