Cal. Code Regs. Tit. 18, § 1703 - Interest and Penalties
| Subject | Sections Interest | Penalties |
| Failure to pay tax within required time (except determinations) | 6480.4, 6591 | 6476, 6477, 6478, 6479.3, 6480.4, 6591, 7051.2 |
| Failure to file a timely return Deficiency determinations | 6482 | 6479.3, 6591 6484 (negligence), 6485 (fraud), 7051.2 |
| Determinations--Sales tax reimbursement or use tax collected but not timely remitted | 6597 | |
| Determination--failure to make return | 6513 | 6511, 6514 (fraud), 7051.2 |
| Jeopardy determinations | 6537 | 6537, 7051.2 |
| Extensions of time | 6459 | |
| Determinations--Nonpayment of Offsets | 6512 | 6565, 7051.2 6512 |
| Refunds and credits | 6901, 6907, 6908 | 6901 |
| Suits for refund | 6936 | |
| Disposition of interest and penalties | 7101 | 7101 |
| Criminal Penalties | 6073, 6094.5, 6422.1, 7152, 7153, 7153.5, 7153.6 | |
| Failure to make timely application for registration of motor vehicle, mobilehome, aircraft or undocumented vessel | 6291-6294 | 6291-6294 |
| Registration of vehicle, vessel or aircraft out of state | 6485.1, 6514.1 (intent to evade) | |
| Advertising that use tax will be absorbed | 6207 | |
| Any violation of Sales and Use Tax Law | 7153, 7153.5 | |
| Failure to collect use tax | 6207 | |
| Failure to display use tax separately | 6207 | |
| Failure to furnish return or other data | 6452, 6455 | |
| Improper use of resale certificates | 6072 | 6072, 6094.5 |
| Making false return | 7152 | |
| Misuse of vehicle use tax exemption certificates | 6422.1 | |
| Operating as seller without permit | 6071, 6077 | |
| Failure to obtain valid permit | 6077, 7155 | |
| Relief from interest or penalty | 6593, 6596 | 6592, 6596 |
| Modified adjusted daily rate | 6591.6 | |
| Modified adjusted rate | 6591.5 | |
| Failure to obtain evidence that operator of catering truck holds valid permit | 6074 | |
| Improper allocation of local tax by direct payment permitholder | 7051.2 | |
| Managed Audit program | 7076.4 | |
| Failure to pay tax due to an error or delay by an employee of the Board or Department of Motor Vehicles | 6593.5 | |
| Erroneous refund | 6964 | |
| Tax Amnesty Program (Reporting Periods Beginning Before January 1, 2003) | 7073, 7074 |
For the purposes of this subdivision, an error or delay shall be deemed to have occurred only if no significant aspect of the error or delay is attributable to an act of, or a failure to act by, the taxpayer.
Any person seeking relief under this subdivision shall file with the Board a statement under penalty of perjury setting forth the facts on which the claim for relief is based and any other information which the Board may require.
Interest applies to amounts due but not paid by any supplier or wholesaler of motor vehicle fuel, aircraft jet fuel, or diesel fuel who fails to make a timely remittance of the prepayment of tax required pursuant to sections 6480.1 and 6480.3 of the Revenue and Taxation Code.
For purposes of this section "disaster" means fire, flood, storm, tidal wave, earthquake or similar public calamity, whether or not resulting from natural causes.
The penalties provided in subparagraphs 2 and 4 of this subsection shall not apply to amounts subject to the provisions of sections 6484, 6485, 6511, 6514, and 6591 of the Revenue and Taxation Code (subparagraphs (c)(1)(B), (c)(2)(A) and (c)(2)(B) of this regulation).
This penalty shall be 25 percent if the supplier or wholesaler knowingly or intentionally fails to make a timely remittance.
Generally, a penalty for negligence or intentional disregard should not be added to deficiency determinations associated with the first audit of a taxpayer in the absence of evidence establishing that any bookkeeping and reporting errors cannot be attributed to the taxpayer's good faith and reasonable belief that its bookkeeping and reporting practices were in substantial compliance with the requirements of the Sales and Use Tax Law or authorized regulations.
A penalty of 50 percent applies to the taxes imposed upon any person who, for the purpose of evading the payment of taxes, knowingly fails to obtain a valid permit prior to the date in which the first tax return is due. The 50 percent penalty applies to the taxes determined to be due for the period during which the person engaged in business in this state as a seller without a valid permit and may be added in addition to the 10 percent penalty for failure to file a return. However, the 50 percent penalty shall not apply if the measure of tax liability over the period during which the person was engaged in business without a valid permit averaged one thousand dollars ($1,000) or less per month. Also, the 50 percent penalty shall not apply to the amount of taxes due on the sale or use of a vehicle, vessel, or aircraft, if the amount is subject to the penalty imposed by section 6485.1 or 6514.1 of the Revenue and Taxation Code.
For purposes of this penalty, "reasonable cause or circumstances beyond the person's control" includes, but is not limited to, any of the following:
For purposes of this penalty, "sales tax reimbursement" is defined in section 1656.1 of the Civil Code, and also includes any sales tax that is advertised, held out, or stated to the public or any customer, directly or indirectly, that the tax or any part thereof will be assumed or absorbed by the retailer.
This penalty applies to determinations made by the Board pursuant to Article 2 (commencing with section 6481), Article 3 (commencing with section 6511), and Article 4 (commencing with section 6536) of Chapter 5, Part 1, Division 2 of the Revenue and Taxation Code.
A penalty of 10 percent applies to the taxes imposed upon any person who knowingly issues a resale certificate for personal gain or to evade the payment of taxes while not actively engaged in business as a seller.
The penalty is 10 percent of the amount of tax or five hundred dollars ($500), whichever is greater, if the purchase is made for personal gain or to evade payment of taxes.
Any person seeking to be relieved of the penalty shall file with the Board a statement under penalty of perjury setting forth the facts upon which the claim for relief is based. Section 6592 of the Revenue and Taxation Code, providing for the relief of certain penalties does not apply to the 10 percent penalty imposed for failure to make a timely prepayment under section 6478 of the Revenue and Taxation Code.
Notes
2. Amendment of subsection (b) filed 12-26-75; effective thirtieth day thereafter. NOTE: Filing designates 1-1-76 as effective date (Register 75, No. 52).
3. Amendment filed 10-2-81; effective thirtieth day thereafter (Register 81, No. 40).
4. Amendment filed 6-3-83; effective thirtieth day thereafter (Register 83, No. 23).
5. Amendment filed 1-10-86; effective thirtieth day thereafter (Register 86, No. 2).
6. Amendment filed 10-16-87; operative 11-15-87 (Register 87, No. 45).
7. Amendment filed 10-12-88; operative 11-11-88 (Register 88, No. 43).
8. Amendment of subsection (a)'s Table, new subsections (b)(1)-(b)(1)(C) and renumbering, amendment of subsections (b)(2), (b)(5)(A), (b)(6) and (c)(1)(A)5., new subsection (c)(1)(A)6., and amendment of subsections (c)(2)(C), (c)(3), (c)(5)-(6) and NOTE filed 12-21-92; operative 1-20-93 (Register 92, No. 52).
9. Change without regulatory effect amending subsection (a), adding new subsection (c)(6), renumbering subsections, and amending NOTE filed 5-19-97 pursuant to section 100, title 1, California Code of Regulations (Register 97, No. 21).
10. Change without regulatory effect amending subsection (a) table, adding subsections (b)(1)(D) and (c)(2)-(c)(2)(B), renumbering subsections and amending NOTE filed 9-2-98 pursuant to section 100, title 1, California Code of Regulations (Register 98, No. 36).
11. Change without regulatory effect amending section and NOTE filed 3-18-99 pursuant to section 100, title 1, California Code of Regulations (Register 99, No. 12).
12. Amendment of subsection (b)(5)(B) filed 12-9-99; operative 1-8-2000 (Register 99, No. 50).
13. Amendment of subsection (c)(3)(C) filed 12-10-2002; operative 1-9-2003 (Register 2002, No. 50).
14. Change without regulatory effect amending section and NOTE filed 4-7-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 14).
15. Change without regulatory effect amending subsection (a), adopting subsection (c)(3)(D)-(c)(3)(D)2.f., relettering subsections and amending NOTE filed 5-15-2007 pursuant to section 100, title 1, California Code of Regulations (Register 2007, No. 20).
16. Change without regulatory effect amending subsections (a) and (b)(1)(C), adopting subsections (b)(5)-(b)(5)(C), renumbering subsection, amending subsections (c)(1)(A)1., (c)(1)(A)4., (c)(3)(D)2. and (c)(3)(D)2.f. and amending NOTE filed 8-28-2013 pursuant to section 100, title 1, California Code of Regulations (Register 2013, No. 35).
17. Editorial correction of subsection (c)(3)(D)2.e. (Register 2015, No. 51).
18. Amendment of subsections (a), (b)(1)(E), (b)(2), (b)(6)(A), (b)(8), (c)(1)(A)5., (c)(1)(A)6., (c)(3)(A), (c)(3)(C), (c)(4)-(6) and (c)(8) and amendment of NOTE filed 3-17-2017; operative 7-1-2017 (Register 2017, No. 11).
19. Change without regulatory effect amending subsection (b)(5)(A) filed 6-19-2017 pursuant to section 100, title 1, California Code of Regulations (Register 2017, No. 25).
Note: Authority cited: Section 7051, Revenue and Taxation Code. Reference: Sections 6071, 6072, 6073, 6074, 6077, 6094.5, 6207, 6291- 6294, 6422.1, 6452, 6455, 6459, 6476- 6478, 6479.3, 6480.4, 6482, 6484, 6485, 6485.1, 6511- 6514, 6514.1, 6537, 6565, 6591, 6591.5, 6591.6, 6592, 6593, 6593.5, 6596, 6597, 6901, 6907, 6908, 6936, 6964, 7051.2, 7073, 7074, 7076.4, 7101, 7152- 7153, 7153.5, 7153.6 and 7155, Revenue and Taxation Code.
2. Amendment of subsection (b) filed 12-26-75; effective thirtieth day thereafter. N ote : Filing designates 1-1-76 as effective date (Register 75, No. 52).
3. Amendment filed 10-2-81; effective thirtieth day thereafter (Register 81, No. 40).
4. Amendment filed 6-3-83; effective thirtieth day thereafter (Register 83, No. 23).
5. Amendment filed 1-10-86; effective thirtieth day thereafter (Register 86, No. 2).
6. Amendment filed 10-16-87; operative 11-15-87 (Register 87, No. 45).
7. Amendment filed 10-12-88; operative 11-11-88 (Register 88, No. 43).
8. Amendment of subsection (a)'s Table, new subsections (b)(1)-(b)(1)(C) and renumbering, amendment of subsections (b)(2), (b)(5)(A), (b)(6) and (c)(1)(A)5., new subsection (c)(1)(A)6., and amendment of subsections (c)(2)(C), (c)(3), (c)(5)-(6) and N ote filed 12-21-92; operative 1-20-93 (Register 92, No. 52).
9. Change without regulatory effect amending subsection (a), adding new subsection (c)(6), renumbering subsections, and amending N ote filed 5-19-97 pursuant to section 100, title 1, California Code of Regulations (Register 97, No. 21).
10. Change without regulatory effect amending subsection (a) table, adding subsections (b)(1)(D) and (c)(2)-(c)(2)(B), renumbering subsections and amending N ote filed 9-2-98 pursuant to section 100, title 1, California Code of Regulations (Register 98, No. 36).
11. Change without regulatory effect amending section and N ote filed 3-18-99 pursuant to section 100, title 1, California Code of Regulations (Register 99, No. 12).
12. Amendment of subsection (b)(5)(B) filed 12-9-99; operative 1-8-2000 (Register 99, No. 50).
13. Amendment of subsection (c)(3)(C) filed 12-10-2002; operative 1-9-2003 (Register 2002, No. 50).
14. Change without regulatory effect amending section and Note filed 4-7-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 14).
15. Change without regulatory effect amending subsection (a), adopting subsection (c)(3)(D)-(c)(3)(D)2.f., relettering subsections and amending Note filed 5-15-2007 pursuant to section 100, title 1, California Code of Regulations (Register 2007, No. 20).
16. Change without regulatory effect amending subsections (a) and (b)(1)(C), adopting subsections (b)(5)-(b)(5)(C), renumbering subsection, amending subsections (c)(1)(A)1., (c)(1)(A)4., (c)(3)(D)2. and (c)(3)(D)2.f. and amending Note filed 8-28-2013 pursuant to section 100, title 1, California Code of Regulations (Register 2013, No. 35).
17. Editorial correction of subsection (c)(3)(D)2.e. (Register 2015, No. 51).
18. Amendment of subsections (a), (b)(1)(E), (b)(2), (b)(6)(A), (b)(8), (c)(1)(A)5., (c)(1)(A)6., (c)(3)(A), (c)(3)(C), (c)(4)-(6) and (c)(8) and amendment of Note filed 3-17-2017; operative
19. Change without regulatory effect amending subsection (b)(5)(A) filed 6-19-2017 pursuant to section 100, title 1, California Code of Regulations (Register 2017, No. 25).
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