California Revenue and Taxation Code

§ 50139

RTC § 50139 Effective Jan 1, 2023Div. 2 · Part 26 · Ch. 5 · Art. 1

Statute text

(a)If the department determines that any amount of fee, interest, or penalty has been paid more than once or has been erroneously or illegally collected or computed, the department shall set forth that fact in its records and certify the amount collected in excess of what was legally due and the person from whom it was collected or by whom it was paid. The excess amount collected or paid shall be credited on any amounts then due from the person from whom the excess amount was collected or by whom it was paid under this part, and the balance shall be refunded to the person, or the person’s successors, administrators, or executors.

(b)Any determination by the department that is in excess of fifty thousand dollars ($50,000) shall be available as a public record for at least 10 days after the effective date of that determination.

Legislative history

Amended by Stats. 2022, Ch. 474, Sec. 94. (SB 1496) Effective January 1, 2023.