Bill Text: CA AB2369 | 2019-2020 | Regular Session | Introduced
Bill Title: Taxation: tax liability: collections.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-03-17 - In committee: Hearing postponed by committee. [AB2369 Detail]
Download: California-2019-AB2369-Introduced.html
CALIFORNIA LEGISLATURE—
2019–2020 REGULAR SESSION
Assembly Bill
No. 2369
Introduced by Assembly Member Nazarian |
February 18, 2020 |
An act to amend Section 19255 of the Revenue and Taxation Code, relating to taxation.
LEGISLATIVE COUNSEL'S DIGEST
AB 2369, as introduced, Nazarian.
Taxation: tax liability: collections.
Under existing tax law, once a tax liability becomes due and payable, as defined, a statutory lien arises for that amount upon all real and personal property belonging to that taxpayer. Existing law establishes a statute of limitations on collections of those liabilities to limit the collection period to 20 years beginning from the date that the latest tax liability for a taxable year or the date any other liability that is not associated with a taxable year becomes due and payable, and thereafter extinguishes that liability. Existing law defines “tax liability” as a liability imposed under the Personal Income Tax Law, the Corporation Tax Law, or the laws related to the administration of franchise and income tax laws, including any additions to tax, interest, penalties, fees, and any other amounts relating to the imposed liability.
This bill would
redefine “tax liability” to exclude interest, penalties, costs, or fees, except a specified fee on limited liability companies, relating to the assessment of tax, any other amounts relating to the imposed liability, and any additions to tax. The bill would require the collection period for interest, penalties, costs, or fees that may accrue with a particular tax liability to lapse at the same time as the related tax liability.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 19255 of the Revenue and Taxation Code is amended to read:19255.
(a) Except as otherwise provided in subdivisions (b) and (e), after 20 years have lapsed from the date the latest tax liability for a taxable year or the date any other liability that is not associated with a taxable year becomes “due and payable”(b) If a timely civil action filed pursuant to Article 2 of Chapter 6 of this part is commenced, or a claim is filed in a probate action, the period for which the liability is collectable shall be extended and shall not expire until that liability, probate claim, or judgment against the taxpayer arising from that liability is satisfied or becomes unenforceable under the laws applicable to the enforcement of civil judgments.
(c) For purposes of this section, both section only, all of the following apply:
(1) “Tax liability” means a liability imposed due and payable under Part 10 (commencing with Section 17001), Part 11 (commencing with Section 23001), or this part, and includes any additions to tax, interest, penalties, fees and any other amounts relating to the imposed liability.
part.
(2) “Tax liability” does not include interest, penalties, costs, or fees, excluding the limited liability company fee imposed pursuant to Section 17942, relating to that assessment of tax.
(2)
(3) If more than one liability is “due and payable” for a particular taxable year, with the exception of a liability resulting from a penalty imposed under Section 19777.5, the “due and payable” date that is later in time shall be the date upon which the 20-year
limitation of subdivision (a) commences.
(4) Notwithstanding the provisions of this section, the collection period for interest, penalties, costs, or fees that may accrue with a particular tax liability shall lapse at the same time as that of the related tax liability.
(d) This section does not apply to amounts subject to collection by the Franchise Tax Board pursuant to Article 5.5 or 7 of this chapter, or any other amount that is not a tax imposed under Part 10 or Part 11, but which the Franchise Tax Board is collecting as though it were a final personal income tax delinquency.
(e) (1) The expiration of the period of limitation on collection under this section shall be suspended for the
following periods:
(A) The period during which the Franchise Tax Board is prohibited by reason of a bankruptcy case from collecting, plus six months thereafter.
(B) The period described under subdivision (d) of Section 19008 relating to installment payment agreements.
(C) The period during which collection is postponed by operation of law under Section 18571, related to postponement by reason of service in a combat zone, or under Section 18572, related to postponement by reason of presidentially declared disaster or terroristic or military action.
(D) During any other period during which collection of a tax is suspended, postponed, or extended by operation of law.
(2) A suspension of the
period of limitation under this subdivision applies with respect to both parties of any liability that is joint and several.
(f) This section shall be applied on and after July 1, 2006, to any liability “due and payable” before, on, or after that date.