ARTICLE 1. Claim for Refund
(Article 1 added by Stats. 1959, Ch. 1040.)
30361. If the board determines that any amount not required to be paid under
this part has been paid by any person, the board shall set forth that
fact in its records and certify the amount collected in excess of the
amount 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 by
the board on any amounts then due and payable 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 his or her successors,
administrators, or executors. Any proposed determination by the board
pursuant to this section with respect to an amount in excess of fifty
thousand dollars ($50,000) shall be available as a public record for at
least 10 days prior to the effective date of that determination.
History.—Stats. 1963, p. 3112, in effect September 20, 1963, added the words "from whom the excess amount was collected or by whom it was paid" in the first paragraph, and substituted "two hundred fifty dollars ($250)" for "one hundred dollars ($100)" in the second paragraph. Stats. 1965, p. 2057, in effect September 17, 1965, substituted "one thousand dollars ($1,000)" for "two hundred fifty dollars ($250)" in the last paragraph. Stats. 1968, p. 1199, in effect November 13, 1968, revised this section and deleted "assigns" from the persons listed in the first paragraph to whom refunds shall be made. Stats. 1977, Ch. 921, operative January 1, 1978, substituted "five thousand dollars ($5,000)" for "one thousand dollars ($1,000)". Stats. 1985, Ch. 591, effective January 1, 1986, substituted "fifteen thousand dollars ($15,000)" for "five thousand dollars ($5,000)" in second paragraph. Stats. 1988, Ch. 1029, in effect ($15,000)"following "amount not exceeding" and added "or her" following "his" in the first and second paragraphs. Stats. 1994, Ch. 726, in effect September 22, 1994, deleted "to the State Board of Control" after "records and certify"; substituted "The" for "If approved by the State Board of Control, the" before "excess amount collected"; added "Any proposed determination … of that determination" as the second sentence; and deleted the second paragraph which read: "In the case, however, of a determination by the board that an amount not exceeding fifty thousand dollars ($50,000) was not required to be paid under this part, the board without obtaining the approval of the State Board of Control may credit the amount on any amounts then due and payable under this part from the person by whom the amount was paid and may refund the balance to the person or his or her successors, administrators, or executors."
Note.—Stats. 1971, p. 1785, in effect October 6, 1971, provides a distributor, wholesaler or dealer whose stock of tax-paid cigarettes were destroyed or damaged so that they could not be sold as a result of the earthquakes occurring in southern California between January 1, 1971, and March 1, 1971, may file a claim for refund of the tax paid with respect to such cigarettes by the distributor, wholesaler or dealer. No refund shall be allowed after one year from the effective date of this act unless a claim for refund has been filed within such period
30361.5. When an amount represented by a person to a customer as constituting reimbursement
for taxes upon the distribution of tobacco products pursuant to this part
is computed upon an amount that is not taxable or is in excess of the
tax amount and is actually paid by the customer to the person, the amount
so paid shall be returned by the person to the customer upon notification
by the State Board of Equalization or the customer that an excess has
been ascertained. If the person fails or refuses to do so, the amount
so paid, if knowingly or mistakenly computed by the person upon an amount
that is not subject to the tax imposed by this part or that is in excess
of the tax amount, shall be remitted by that person to this state. Those
amounts remitted to the state by the person shall be credited by the board
to any amounts due and payable from that customer that are subject to
this part and that are based on the same activity, and the balance, if
any, shall constitute an obligation due from the person to this state.
History.—Added by Stats. 2005, Ch. 512 (AB 892), in effect January 1, 2006
30362. (a) Except as provided in subdivision (b) no refund shall be approved
by the board after three years from the 25th day after the close of the
monthly period for which the overpayment was made, or, with respect to
a determination made under Chapter 4 of this part, after six months from
the date the determination becomes final, or after six months from the
date of overpayment, whichever period expires the later, unless a claim
therefor is filed with the board within such a period. No credit shall
be approved by the board after the expiration of such period unless a
claim for credit is filed with the board within such period, or unless
the credit relates to a period for which a waiver is given pursuant to
(b) A refund may be approved by the board for any period for which a waiver is given under Section 30208 if a claim therefor is filed with the board before the expiration of the period agreed upon.
History.—Stats. 1965, p. 4442, in effect September 17, 1965, revised this section to provide for a credit and refund when a waiver is given pursuant to § 30208. Stats. 1968, p. 1102, in effect November 13, 1968, substituted "25th" for "15th"
30362.1. (a) The limitation period specified in Section 30362 shall be suspended
during any period of a person's life that the person is financially disabled.
(b) (1) For purposes of subdivision (a), a person is financially disabled if the person is unable to manage his or her financial affairs by reason of medically determinable physical or mental impairment of the person which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months. A person shall not be considered to have an impairment unless proof of the existence thereof is furnished in the form and manner as the board may require.
(2) A person shall not be treated as financially disabled during any period that the person's spouse or any other person is authorized to act on behalf of the person in financial matters.
(c) This section applies to periods of disability commencing before, on, or after the effective date of the act adding this section, but does not apply to any claim for refund that (without regard to this section) is barred by the operation or rule of law, including res judicata, as of the effective date of the act adding this section.
History.—Added by Stats. 2000, Ch. 1052 (AB 2898), in effect January 1, 2001
30362.2. Refund claim where tax has not been paid in full; timely filing. (a)
A claim for refund that is otherwise valid under Sections 30362 and 30363
that is made in the case in which the amount of tax determined has not
been paid in full shall be deemed to be a timely filed claim for refund
with respect to all subsequent payments applied to that determination.
(b) For purposes of this section, "amount of tax determined" means an amount of tax, interest, or penalty, with respect to a single determination made under Article 2 (commencing with Section 30201), Article 3 (commencing with Section 30221), or Article 4 (commencing with Section 30241) of Chapter 4.
(c) This section shall apply to all claims for refund on or after the effective date of the act adding this section.
History.—Added by Stats. 2016, Ch. 98 (AB 1856), in effect January 1, 2017.
30363. Every claim for refund or credit shall be in writing and shall state the specific grounds upon which it is founded.
30364. Failure to file a claim within the time prescribed in this article constitutes a waiver of all demands against the State on account of the overpayment.
30365. Within 30 days after disallowing any claim in whole or in part, the board shall serve written notice of its action on the claimant in the manner prescribed for the service of a notice of a deficiency determination.
30366. Interest shall be computed, allowed, and paid upon any overpayment of
any amount of tax at the modified adjusted rate per month established
pursuant to Section 6591.5, from the 26th day of the calendar month following
the period during which the overpayment was made. In addition, a refund
or credit shall be made of any interest imposed upon the claimant with
respect to the amount being refunded or credited.
The interest shall be paid as follows:
(a) In the case of a refund, to the 25th day of the calendar month following the date upon which the claimant, if he or she has not already filed a claim, is notified by the board that a claim may be filed or the date upon which the claim is approved by the board, whichever date is earlier.
(b) In the case of a credit, to the same date as that to which interest is computed on the tax or amount against which the credit is applied.
History.—Stats. 1963, p. 3113 in effect September 20, 1963, substituted "15th" for "fifteenth" in the first paragraph and in subdivision (a). Stats. 1967, p. 2521, operative August 1, 1967, substituted "20th" for "15th" in two places. Stats. 1968, p. 1102, in effect November 13, 1968, substituted "25th" for "20th" in two places. Stats, 1975, Ch. 661, operative to interest accruing on or after January 1, 1976, substituted "1 percent" for "one-half of 1 percent." Stats. 1982, Ch. 5, First Extra Session, in effect May 27, 1982, substituted "adjusted … 19269" for "rate … month" before "from" in the first paragraph. Stats. 1984, Ch. 1020, effective January 1, 1985, operative July 1, 1985, substituted "modified … month" for "adjusted annual rate" before "established," substituted "Section 6591.5" for "Section 19269." Stats. 1992, Ch. 1336, in effect January 1, 1993, substituted "26th" for "25th" after "from the", deleted "monthly" before "period", substituted "during" for "for" after "period", and substituted ". In addition, a" for "but no" in the first sentence; and added "as follows" after "paid" in the second paragraph. Stats. 1996, Ch. 320, in effect January 1, 1997, deleted "or the date upon which the claim is certified to the State Board of Control, whichever date is the earlier" after "may be filed" in subdivision (a). Stats. 1997, Ch. 620 (SB 1102), in effect January 1, 1998, added ", if he or she has not already filed a claim," after "which the claimaint" and added "or the date … date is earlier" after "may be filed" in subdivision (a)
30367. (a) If the board determines that any overpayment has been made intentionally
or by reason of carelessness, it shall not allow any interest thereon.
(b) If any person who has filed a claim for refund requests the board to defer action on the claim, the board, as a condition to deferring action, may require the claimant to waive interest for the period during which the person requests the board to defer action on the claim.
History.—Stats. 1998, Ch. 420 (SB 2230), in effect January 1, 1999, added subdivision designation "(a)" and added subdivision (b)