Enlarge image | Pay the full amount due or tell the CDTFA why you can’t You should pay the entire amount due. If you cannot, the CDTFA recommends that you pay as much as you can now. By doing so, you will minimize the amount of interest and any applicable penalty you will owe because interest and penalty accrues on the unpaid tax or fee balance. For your convenience, the CDTFA accepts credit card payments (see page 3). If you do not make an effort to pay your amount due, the CDTFA can ask you to find a way to pay it, such as selling or mortgaging any assets you have or getting a loan. If you cannot pay the full amount, you should contact the CDTFA office that sent you the billing as soon as possible since you may be eligible for a payment plan (see page 3). COLLECTION If the debt is not paid, we are authorized by law to take collection actions, which could include levying your bank account, wages, or other income or seizing and selling your PROCEDURES assets (see pages 4‑7). How can I pay my tax or fee amount due? Let the CDTFA know if you believe your billing is What actions may be taken if I don’t pay? wrong If you believe the billing is wrong, let us know as soon as possible. Call the number on your billing, write to the Introduction .......................................................................................... 1 CDTFA office that sent you the billing, call our Customer Pay the full amount due or tell the CDTFA why you can’t .......... 1 Service Center at 1‑800‑400‑7115 (CRS:711), or visit your Let the CDTFA know if you believe your billing is wrong ......... 1 nearest CDTFA office. The CDTFA will honor your rights as a taxpayer .......................... 1 Items to note .......................................................................................... 2 Many programs have a statute of limitations that may Payment options ................................................................................ 2-4 require specific action from you in a timely manner. For Collection and Enforcement Actions ............................................ 4-7 instance, if you receive a Notice of Determination you Liens • Levies • Additional Security • Till-tap and Keeper generally have the right to appeal it by filing a Petition for Warrants • Permit Revocations (Suspensions) Redetermination, usually within 30 days from the date of Refunds ............................................................................................... 7-8 the Notice of Determination. When filed timely, your appeal For More Information.......................................................................... 8 rights will be protected. For additional information, see publication 17, Appeals Procedures: Sales and Use Taxes and Special Taxes. Introduction The CDTFA will honor your rights as a taxpayer If you have received a Notice of Determination or Demand for Immediate Payment (billing), it means you have a tax or fee You have certain rights under the Taxpayers’ Bill of Rights amount that is due and payable by the date indicated. and due process laws. For example, you have the right to be treated professionally, fairly, and courteously by CDTFA If you have received such a billing, you need to know: employees. You also have the right to: • Options for paying the amount due, and • Meet with a CDTFA supervisor if you cannot resolve a • Tax and fee collection and enforcement actions we can take dispute with the employee who handles your case. if you do not pay the bill or make arrangements to pay. • Request copies of documentation from your account file. This publication is designed to answer those questions. • Receive information and assistance in simple language The California Department of Tax and Fee Administration to help you comply with the various tax and fee laws we (CDTFA) will be glad to work with you to resolve your tax administer. or fee problem. Please contact the CDTFA right away if you For more information, please request a copy of publication 70, have any questions about your bill. Understanding Your Rights as a California Taxpayer. Although most of the information in this publication See page 8 for the telephone number and address of the focuses on the CDTFA’s Sales and Use Tax Program, similar Taxpayers’ Rights Advocate Office. provisions exist for most of the tax and fee programs administered by the CDTFA. |
Enlarge image | 2 for the tax or fee that was assigned Items to Note to you or your spouse or registered domestic partner. The CDTFA may The CDTFA may share your tax request additional information to and fee information with other make that determination. government agencies Further information is available in While most of the information you publication 57, Innocent Spouse Relief provide to the CDTFA is confidential, from Sales and Use Tax. some is subject to public disclosure, such as the information on your seller’s You may personally be required permit. Under certain conditions, to pay taxes owed by a your account information, including corporation, partnership, or underreporting and outstanding limited liability partnership or amounts due, may be shared with company other government agencies. Under certain circumstances, The CDTFA may contact a third responsible individuals may be liable party for information about which you left the partnership and for tax, penalty, and interest owed by three subsequent quarters. your business affairs corporations, partnerships, limited liability partnerships, and limited The CDTFA is authorized by law to You may not be required to pay lia bility companies. obtain information from any party if you qualify as an innocent who may have information regarding spouse or innocent registered If you have received a Notice of Proposed your business affairs. This may domestic partner Determination indicating that you are include notifying your suppliers or being held personally liable and you vendors if your seller’s permit has Under the Sales and Use Tax believe you are not, please contact been revoked (suspended). Law, a person who qualifies as an the CDTFA office that sent you the innocent spouse orinnocent registered notice within 15 days of the date of The CDTFA needs to know if domestic partner is not liable for tax, the Notice of Proposed Determination. If you are involved in bankruptcy fee, interest, and penalty charges. you later receive a billing (a Notice of proceedings To qualify, all of the following Determination) and you disagree with conditions must be met: it, you will need to file a timely appeal Contact your nearest CDTFA office • The amount due must be (see Let the CDTFA know if you believe if you or your business has filed a attributable to your spouse or your billing is wrong.)Please note: if petition for bankruptcy. While the registered domestic partner, and you file your appeal before receiving proceeding may not eliminate your a Notice of Determination, your appeal • You must establish that you did tax or fee debt, we may suspend will be rejected as not timely. not know of the amount due, and collection actions—such as liens and that a reasonably prudent person levies—for a period of time while your in your circumstance would not bankruptcy case remains pending. Payment Options have had reason to know of the If you are no longer a business amount due, and The CDTFA accepts credit card partner, your amount due • The CDTFA must determine that payments, and electronic payments, may be limited it would be inequitable to hold or the agency can work with you to you liable for the amount due, make other payment arrangements. Partners are separately and jointly taking into account whether you You may be eligible to pay under a responsible for amounts owed by the significantly benefited directly or payment plan or you may be eligible partnership. Partnerships must notify indirectly from the nonpayment, to propose an offer in compromise. us immediately, either by phone or in and taking into account all other writing, if they drop or add a partner facts and circumstances. ■ Electronic Payment in order to protect former partners If your request for innocent spouse or You may pay your amount due from amounts due by the business after innocent registered domestic partner electronically by using our the partnership changes. If you leave relief is denied, you may be eligible online payment process. We will the partnership, you should notify the for “equitable relief,” which weighs electronically withdraw funds from CDTFA immediately by either phone a variety of factors, such as your your checking or savings account to or in writing. If you do not, you could economic situation and whether as a apply towards your current and past remain liable for business taxes that result of dissolution, responsibility due amounts. Please visit the CDTFA became due during the quarter in |
Enlarge image | Publication 54 •Collection Procedures 3 website at www.cdtfa.ca.gov and click on us to make other arrangements, we The CDTFA may terminate the payment Make a Payment/Prepayment. There is no are authorized to take collection plan under certain conditions fee for this option. actions as described on pages 4‑7. If The CDTFA may terminate the you cannot meet an established due ■ Credit Card payment plan if you pay late, miss date, you should contact the collector a payment, don’t file and/or pay all You may pay your amount due by credit assigned to your account to avoid required tax or fee returns, or if you card. The CDTFA accepts credit cards possible collection actions. do not comply with other terms of the issued by VISA, MasterCard, American agreement. We will send you a letter Express and Discover/Novus. For Before I apply, what else giving you 15 days to pay in full or additional information on credit card should I know about a provide a satisfactory explanation. payments, please visit the CDTFA payment plan? As noted earlier, the finality penalty website at www.cdtfa.ca.gov and click on Make a Payment/Prepayment. You can It may be more costly will not be waived if we terminate also make a credit card payment by A payment plan is more costly than the payment plan. calling 1‑855‑292‑8931. paying the full amount you owe and After 15 days, we may take further may be more costly than borrowing collection action without notification Please note: A service fee of 2.3 percent funds to pay the amount you owe. (see pages 4‑7 for more information). of the transaction amount ($1.00 minimum) applies to all credit card Why? While you are making How do I apply? payments. The service fee is retained payments on your tax or fee debt by the credit card processor and is through a payment plan, the CDTFA You should contact the CDTFA as not revenue to the CDTFA. will continue to charge interest on soon as possible if you would like to the unpaid portion of the tax or fee request a payment plan for your sales ■ Online Payment Plan amount due. The interest rate on a or use tax amount due. Contact the You can set up a weekly, biweekly, bank loan or a cash advance on your CDTFA office that sent you the billing. or monthly payment plan through credit card may be lower than the For other tax or fee programs, our online automatic withdrawal combination of penalties and interest call our Customer Service Center, process. Payments are required that we charge on unpaid billings. 1‑800‑400‑7115 (CRS:711). to be electronically debited from If you received a Notice of your checking or savings account. What should I do if my financial Determination (billing), but failed to As always, the CDTFA encourages situation changes after my pay the amount due by the due date, payment in full to avoid additional payment plan is approved? you will generally be assessed a 10 interest and penalties. If you are percent “finality” penalty. Under Your payment plan is based on your unable to pay the full amount, the certain circumstances, we may waive finan cial situation. Consequently, CDTFA recommends you propose you should immediately contact the the 10 percent “finality” penalty. the largest payments possible collector assigned to your account, as because the tax and fee portion of If you were charged a 10 percent identified on your payment agreement, the amount due will continue to finality penalty, the CDTFA may if there is a change in your financial accrue interest. Accounts that meet waive the penalty if your payment situation, and you need to change the our predetermined guidelines will plan is initiated and accepted terms of your payment plan. receive instant response if approved. within 45 days of the due date of ■ Offer in Compromise Proposals that require further review the notice. Your payment plan must may be required to submit a be successfully completed for the The Offer in Compromise Program CDTFA‑403‑E, Individual Financial penalty to be waived. allows eligible taxpayers and feepayers Statement, with supporting to satisfy their amount due by paying documentation. Approval of a The CDTFA may still file a state lien a lesser amount. The program payment plan is at the CDTFA’s on your property applies to most taxes and fees and is discretion. For more information The CDTFA may still file a state available if the following apply: or to submit a payment plan, lien—even if your payment plan • You agree with the amount due visit our website and click on is accepted (liens are discussed on and the amount due is final, and Make a Payment/Prepayment. page 4). However, we may withhold • The CDTFA determines you do the lien based on the financial If you do not have a checking or not have, and will not have in the documentation submitted with your savings account, please contact your foreseeable future, the income, initial payment. local CDTFA office or collection section. means or assets to pay the amount due in full. If you do not pay in full or contact |
Enlarge image | 4 Visit our Online Offer in that are immediately due and payable Releasing a lien Compromise Pre‑Qualifier tool at and are issued in instances where The lien placed on your property will www.cdtfa.ca.gov/oic/ to determine collection of an amount due would be released if: if you qualify for an offer in be jeopardized by delay. For more compromise. information, including your right to • You pay your full tax or fee To make an offer, you must submit apply for an administrative hearing amount due, including interest and CDTFA‑490 , Offer in Compromise based on a Jeopardy Determination, other charges, or Application, or CDTFA‑490‑C, Offer in see publication 17, Appeals Procedures: • The billing (tax or fee Compromise Application for Corporations, Sales and Use Taxes and Special Taxes. determination) is adjusted to zero after the lien has been filed. LLC’s, Partnerships, etc. CDTFA‑490 The CDTFA may place a lien on and CDTFA‑490‑C are available on The CDTFA will issue a Release of the your property the CDTFA website at www.cdtfa.ca.gov Notice of State Tax Lien after you have (click on Forms & Publications), from A lien is a legal claim to your paid the debt or we have adjusted any CDTFA office, or by calling our property used as security or payment your billing. If you pay your amount Customer Service Center at 1‑800‑400‑ for your tax debt. due in full and need a release of lien immediately, you must pay 7115 (CRS:711). The CDTFA must mail you a in certified funds in your nearest Answers to several of the most preliminary notice at least 30 days CDTFA office and let them know that commonly asked questions about the before filing a lien with the county you need the release of lien. Offer in Compromise Program are recorder. The notice must: available on the CDTFA website and • Specify the statutory authority for In some instances, the CDTFA will in publication 56, Offer In Compromise. filing the lien, release the lien placed on part of your real property if your amount due is • Show the earliest date on which secured by the remaining property the lien may be recorded, and on which we have placed a lien. We • Explain the remedies available to will also release a lien if we discover you to prevent the filing of the lien. that we filed it in error. A lien is valid for 10 years from the What a lien does date it is filed and can be renewed When a Notice of State Tax Lien is twice if the amount due is included recorded, your creditors are publicly on the lien and remains unpaid. notified that we have a claim against Consequently, a lien may be in effect all your real property, including for up to 30 years. property you acquire after the lien has been recorded. Partial release of lien The lien attaches to all your real A partial release of lien releases a Collection and property, such as your house or rental state tax lien from a specific piece property. of real property. However, the lien Enforcement Actions remains in effect and will prevent It is not our policy to seize and sell the transfer of title of any other As explained below, collection and your primary residence, but we will properties owned or subsequently enforcement actions will be taken enforce the lien on your residence if acquired by you. You may request a if you do not pay your amount you sell or refinance your home. partial release of lien when you are due on time or do not make other Once a lien is recorded, your credit selling real property or the party arrangements to pay the debt—such rating will be negatively affected. with the lien has no rights to the title as applying for a payment plan or an Your ability to get a loan to buy a of the real property. offer in compromise. house or a car, get a new credit card, Partial release requests should be Please note: Jeopardy Determinations or sign a lease may be compromised. submitted to the CDTFA office or If you received a Jeopardy After we have recorded a lien, we can collection section assigned to your Determination, you are subject to the release it, as explained in the next CDTFA account. Collection staff will same collection and enforcement section. review the request and supporting action described in this publication, Please note: Even though a lien can be documents before it is forwarded but the filing and notification released, it remains on your credit with a recommendation for approval deadlines are different. Jeopardy history for seven years (unless the or denial to our Collections Support determinations are tax or fee billings lien was filed in error). Bureau. |
Enlarge image | Publication 54 •Collection Procedures 5 The following documents must be Requests for copies of the lien life insurance, or commissions, or submitted in order for the CDTFA to release • If you hold an alcoholic beverage consider a partial release of lien: license, the CDTFA could seize At your request, the CDTFA will • The taxpayer or escrow officer’s send out copies of the lien release. and sell that license, or written request explaining why a For example, you may want to have • The CDTFA could seize and partial release is needed. copies mailed to escrow agents, title sell property that you hold—for • Estimated Closing Statement or companies, or directly to you. example, your boat or vehicle. schedule of proposed disbursements The CDTFA will send you a copy of If your property is levied or seized for both buyer and seller. a release of lien after a lien filed in and you have questions, you should • Preliminary Title Report reflecting your name is paid in full. If you need contact the CDTFA employee who CDTFA liens. a recorded copy, you can contact us took the action. You may also ask a • Appraisal Report or a report of to request the release recordation CDTFA supervisor to review your comparable properties for the information. This information may case. If you are unable to resolve the neighborhood, with a statement of not be readily available, but if it matter with the supervisor, you may the property’s market value. is available, we will provide it so also want to discuss the matter with • Short sale approval letter(s) from you can obtain a recorded copy the Taxpayers’ Rights Advocate Office lender(s), if applicable. directly from the county or the to ensure proper policies and Secretary of State. Please contact procedures were followed. Please allow 30 days for the CDTFA to your local CDTFA office or collection process your request. The documents Levying your bank account section. submitted must be current at the If the CDTFA levies your bank time of submission, and additional Withholding a lien account, the levy generally only documents may be required. To obtain information for the CDTFA office/unit In general, the CDTFA will withhold captures the funds on deposit at the handling your CDTFA tax account, filing a lien if all of the following occur: time the bank receives the levy (up to please call our Customer Service • You enter into an acceptable the amount of the levy). Center at 1‑800‑400‑7115 (CRS:711). payment plan, The bank must hold the captured • The plan will satisfy the amount funds you have on deposit for 10 days. Escrow demands on CDTFA tax due within one year, This period allows you time to file for liens • You successfully follow the terms a hardship hearing, to show that the The Collections Support Bureau of of the plan, and funds are exempt from levy under federal or state law, or to make other CDTFA processes written requests for • You have not had collection satisfactory arrangements to pay. payoff demands on its state tax liens problems before with the CDTFA. on real property. After 10 days, the bank must send The CDTFA may levy your property the money plus additional interest These requests may be submitted by fax or by mail to: If you do not pay your amount due if it applies, to the CDTFA. Once the or make arrangements to settle your CDTFA deposits the captured funds, California Department of you would need to file a claim for debt, we may levy (seize) any type Tax and Fee Administration refund to request return of the funds. of real or personal property that you Collections Support Bureau To discuss your case, call the CDTFA own or have an interest in. PO Box 942879, MIC:55 employee whose name is shown on Sacramento, CA 94279‑0055 Levies are different from liens. A lien is the Notice of Levy. Fax: 1‑916‑327‑0615 a claim used as security for the tax or fee debt, whereas a levy actually takes the The CDTFA must release your levy if Please allow at least two business any of the following occur: property to satisfy the tax or fee debt. days for the CDTFA to review and respond to your request. The CDTFA will usually levy property • You pay the amount you owe in only after we have sent you a Demand certified funds (cash, cashier’s The demands for the bulk sale of a check, or money order). for Payment and you have neglected or business are prepared by the CDTFA • The CDTFA determines the levy refused to pay the tax or fee. offices. To obtain information for is creating a significant economic the CDTFA office/unit handling Examples hardship for you. your CDTFA tax account, please • The CDTFA could levy property call our Customer Service Center at that is yours but held by someone If we have mistakenly levied 1‑800‑400‑7115 (CRS:711). else—for example, your wages, your account dividends, bank accounts, If you paid bank charges because of licenses, rental income, accounts a mistake the CDTFA made when the receivables, the cash value of your |
Enlarge image | 6 agency levied your account, you may • It is determined that we did not If you have an active business and be entitled to reimbursement. You follow our own procedures. have not paid sales tax that is due and must file a reimbursement claim with • You have entered into a payment final, the CDTFA may serve a civil the CDTFA within 90 days after we plan (see page 3). warrant to the California Highway issued the levy. Your claim should be • Returning the property will help Patrol or the local sheriff to enter your mailed to the CDTFA office that sent you pay your amount due. business and collect the gross receipts the Notice of Levy. or contents of the cash register(s). • Returning the property is in the Levying your salary or wages state’s and your best interest. A till‑tap warrant typically gives • We receive a valid claim of instructions to the officer to collect The CDTFA may issue a levy on your exemption or third‑party claim. the contents of the till (cash register[s]) wages, or an Earnings Withholding upon arrival at the place of business. Assets legally exempt from levy are Order, which typically seizes 25 listed on the CDTFA‑425, Exemptions A keeper warrant typically instructs percent of your after‑tax income from from the Enforcement of Judgments, the officer to leave a representative at each paycheck. provided to you with a copy of the the place of business for a full day and If you request a hardship hearing, Notice of Levy. A claim of exemption to collect the proceeds of the business. one will be provided to you by a must be filed within 10 days after the A keeper warrant, however, may be CDTFA supervisor or office lead Notice of Levy was delivered to you or requested for a period up to 10 days. person. You will be asked to complete 15 days after the Notice was mailed. The CDTFA will generally use a CDTFA‑403‑E, Individual Financial If the levy captures property either warrant only after verbal and Statement, and provide supporting belonging to another person who is written requests and other avenues of documentation of your inability not liable for the unpaid tax or fee, the collection have been unsuccessful. to pay. If you have a documented person may file a third‑party claim. hardship, the withholding order may By law, the CDTFA can collect the The claim must be filed before the be reduced or released. warrant fees that are assessed by the property is transferred to the CDTFA. law enforcement agency from the If the CDTFA levies your salary or business owner. wages, the levy will end when: The CDTFA may require a • The levy is released, higher security deposit The CDTFA may revoke • You pay your amount due, or If you have an active business and (suspend) your seller’s permit • The time expires for legally have had a poor compliance history, The CDTFA may suspend your collecting the amount due. such as failing to pay a tax return seller’s permit if you do not file a tax To discuss your case, call the CDTFA when due or paying with a check return on time or pay the sales or use employee whose name is shown on that is dishonored, the CDTFA tax amount due on time. The CDTFA the Earnings Withholding Order. may require you to post security to may also suspend your permit if the protect the state’s interests. If you agency requires you to post security Releasing your property have already posted security, the but you do not. Typically, the CDTFA CDTFA may increase the amount will not suspend a permit unless we If the CDTFA seizes property you of required security. Generally, you have exhausted all other remedies. hold, such as your boat or vehicle, we may be required to post an amount may release the property prior to its equal to six months of the average tax Hearing notification sale date if: owed by the business. The minimum • You pay the amount of the security requirement for a seller’s The Taxpayers’ Bill of Rights requires CDTFA’s interest in the property, permit is $2,000, the maximum is that you be given 60 days notice prior • You enter into an escrow $50,000. Security will be returned to revocation (suspension) of your arrangement, after an account has had no payment permit. A hearing will be scheduled • You furnish an acceptable bond, problems for three consecutive years. and you will be notified in writing of the hearing date 10 days in advance. • You make an acceptable agreement To learn more about security Within those 10 days, you must for paying the tax or fee, or requirements for programs other than show why the permit should not be • The expense of selling your Sales and Use Tax, you may call our suspended. If you do not respond, property would be more than the Customer Service Center at your permit will be suspended. If you tax or fee debt. 1‑800‑400‑7115 (CRS:711) for assistance. do respond, your arguments will be considered at the hearing. Returning levied property We may issue a “till-tap” or We can consider returning levied “keeper” warrant If your permit is suspended and you engage in business afterward, you are property if: guilty of a misdemeanor and may be |
Enlarge image | Publication 54 •Collection Procedures 7 prosecuted for each sale. Each offense If your name is posted to the Top 500 Sales contact the CDTFA office indicated is punishable by imprisonment not and Use Tax Delinquencies list you may on the Demand for Immediate Payment exceeding one year and/or a fine of up not enter into a contract for goods and within 30 days from the date of the to $5,000, at the discretion of the court. services with any state agency. notice and a CDTFA representative To reinstate your permit, you must will review and discuss your account You may have your other file and pay all past due returns and with you. You have 30 days from the professional and occupational taxes, and pay a rein state ment fee of date of the notice to either pay in $100 per business location. licenses revoked or suspended full or provide documentation to the CDTFA to show the amount you owe If your permit is suspended and If your name is posted to the Top 500 is not due. Failure to respond within you do not pay the tax amount you Sales and Use Tax Delinquencies list, 30 days from the date of the notice owe, we may consider criminal the law requires a state governmental will result in the CDTFA forwarding prosecution as a last resort. licensing agency which issues your account to FTB to proceed with professional or occupational licenses intercept collections. Your alcoholic beverage (including driver licenses) certificates, license may be suspended or a registrations, or permits, to revoke, The CDTFA may assess a transfer restriction placed on suspend, or refuse to issue a license. collection cost recovery fee the license To avoid CDTFA posting your information on the website or losing The law requires that we assess a Your alcoholic beverage license may collection cost recovery fee on amounts your professional and occupational be suspended if you are three or that are past due. The fee applies to licenses, you must do one of the more months past due in the payment most taxes and fees collected by the following: of taxes or penalties due under the CDTFA and is intended to cover costs Revenue and Taxation Code, or if • Pay your amount due in full. incurred by the state in obtaining the taxpayer’s bond becomes void or • Enter into an approved payment payment of past due amounts. The unenforceable for any reason. plan and timely pay the scheduled amount of the fee, which is assessed In addition, the CDTFA can request payments (see information on the Alcoholic Beverage Control (ABC) Payment Plans). to withhold the transfer of certain • If a license you hold is scheduled liquor licenses if you are past due in to be suspended, you should the payment of taxes. complete the Request for Release Form (provided by the state agency The CDTFA may cancel your proposing the suspension of your DMV dealer license license) and submit it to the CDTFA stating why your license should not As provided in the Vehicle Code, if be suspended. you hold a dealer license issued by the Department of Motor Vehicles (DMV), The CDTFA may intercept your the CDTFA may cancel that license if state refund your seller’s permit remains revoked (suspended) for more than 30 days. The Franchise Tax Board (FTB) administers the The CDTFA may post your Interagency Intercept Collection Program on each billing greater than $250 information on our website in conjunction with the that remains unpaid for more than State Controller’s Office. The FTB is 90 days, varies depending on the The CDTFA may post authorized to redirect a refund owed amount that is past due. your name on the to you to the CDTFA to offset or reduce Top 500 Sales and Use Tax Delinquencies your tax amount due. list on our website making your Refunds amount due a matter of public record CDTFA is required to send you a if your amount due is more than one Pre-Intercept Notice. The pre‑intercept After you have paid the tax or fee hundred thousand dollars ($100,000). notice is included with the Demand for portion of your amount due, you may However, 30 days before we publish Immediate Payment and you are allowed file a claim for refund if you believe your information, we will send you 30 days notice prior to the CDTFA that you were overcharged or did not a written notice (certified mail with submitting your account to the FTB for owe the amount due. a return receipt request) to provide offset. Collection action for any penalties you the opportunity to resolve your If you have any questions or objections and interest due will be suspended amount due with us. to the amount due on the notice, until your refund request is resolved. |
Enlarge image | 8 Filing deadlines For More Information The deadline for filing a claim for refund is determined by whichever of Billing Questions Website the following dates occurs last: • Three years from the return due Before calling any of the numbers www.cdtfa.ca.gov date for the period the claimed listed below, please call the telephone You can view and print many overpayment was made. number listed on your bill. publications and forms, get • Six months from the date of the information on tax rates, learn about claimed overpayment. CDTFA Offices the settlement program, or obtain • Six months from the date the Bakersfield 1‑661 395‑2880 other valuable information. liability became due and payable. Cerritos 1‑562 356‑1102 Customer Service Center • Three years from the date we Culver City 1‑310 342‑1000 collected an involuntary payment by El Centro 1‑760 352‑3431 1-800-400-7115 (CRS:711) use of enforcement procedures, such as from a levy or lien. (Payments Fairfield 1‑707 427‑4800 Customer service representatives are made to release liens are subject Fresno 1‑559 440‑5330 available Monday through Friday to the six month statue as they are Glendale 1‑818 543‑4900 from 8:00 a.m. to 5:00 p.m. (Pacific considered voluntary.) Irvine 1‑949 440‑3473 time), except state holidays, if you Oakland 1‑510 622‑4100 have a general tax or fee question. Be sure to file your claim for refund by Rancho Mirage 1‑760 770‑4828 the applicable deadline. If you do not Redding 1‑530 224‑4729 Forms and Publications file your claim on time, you will not be Riverside 1‑951 680‑6400 View and print forms and eligible to receive a refund, even if you Sacramento 1‑916 227‑6700 publications from the CDTFA website may have paid too much tax. Salinas 1‑831 754‑4500 at www.cdtfa.ca.gov. Some forms and If you make more than one payment San Diego 1‑858 385‑4700 publications are also available by to pay off your tax or fee amount due, San Francisco 1‑415 356‑6600 mail by calling our Customer Service you may file one single timely claim San Jose 1‑408 277‑1231 Center at 1‑800‑400‑7115 (CRS:711). for refund to cover all future payments Santa Clarita 1‑661 222‑6000 applied to that billing, and any prior Taxpayers’ Rights Advocate payments that remain within the Santa Rosa 1‑707 576‑2100 Ventura 1‑805 677‑2700 If you have not been able to applicable statute of limitations. If you West Covina 1‑626 480‑7200 resolve a problem through are disputing more than one billing, normal channels, for example you must file a timely claim for refund Out-of-State Accounts by speaking with a supervisor, for each separate billing. we encourage you to contact the Prior to January 1, 2017, taxpayers or Please call 1‑916‑227‑6600 Taxpayers’ Rights Advocate for help. feepayers were generally required Special Taxes and Fees Bureau Taxpayers’ Rights Advocate, MIC:70 to file a separate claim for refund for California Department of each installment payment to protect 1‑800‑400‑7115 Tax and Fee Administration against the expiration of the statute of (select Special Taxes and Fees) PO Box 942879 limitations. Sacramento, CA 94279‑0070 For More Information 1‑888‑324‑2798 Toll‑free phone Publication 17, Appeals Procedures: Sales 1‑916‑324‑2798 Telephone and Use Taxes and Special Taxes and 1‑916‑323–3319 Fax publication 117, Filing a Claim for Refund, provide additional information on claims for refund. Publication 17 also explains the CDTFA’s settlement program, which may apply to refund claims. Under this program, This publication summarizes the law and applicable regulations when the document the CDTFA may settle the disputed was written, as noted on the cover. However, changes in the law or regulations may claim by refunding a portion of the have occurred after that date. If there is a conflict between the text in this publication amount due paid by the taxpayer, and the law, the latter is controlling. subject to review of the facts of the case and subject to approval. Publication 54 (1-21) |