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                                                                                                            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.



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                                                                                 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  lia‑
The CDTFA is authorized by law to        You may not be required to pay 
                                                                                 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 
if you or your business has filed a      attributable to your spouse or          believe your billing is wrong.”) Please 
petition for bankruptcy. While the       registered domestic partner, and        note: if you file your appeal before 
proceeding may not eliminate your                                                receiving a Notice of Determination, your 
                                         • You must establish that you did 
tax or fee debt, we may suspend                                                  appeal 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 



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 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         are authorized to take collection      plan under certain conditions
is no 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          It may be more costly                  will not be waived if we terminate 
can 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 



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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”),        A lien is a legal claim to your         paid the debt or we have adjusted 
from any CDTFA office, or by calling      property used as security or payment    your billing. If you pay your amount 
our Customer Service Center at            for your tax debt.                      due in full and need a release of 
                                                                                  lien immediately, you must pay 
1‑800‑400‑7115 (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 below.         CDTFA account. Collection staff will 
same collection and enforcement           Please note: Even though a lien can be  review the request and supporting 
action described in this publication,     released, it remains on your credit     documents before it is forwarded 
but the filing and notification           history for seven years (unless the     with a recommendation for approval 
deadlines are different. Jeopardy         lien was filed in error).               or denial to our Special Operations 
determinations are tax or fee billings                                            Branch.



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 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 Special Operations Branch 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 
   Special Operations Branch                                                         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 



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agency levied your account, you may    property if:                              If you have an active business and 
be entitled to reimbursement. You      • It is determined that we did not        have not paid sales tax that is due and 
must file a reimbursement claim with    follow our own procedures.               final, the CDTFA may serve a civil 
the CDTFA within 90 days after we      • You have entered into a payment         warrant to the California Highway 
issued the levy. Your claim should be  plan (see page 3).                        Patrol or the local sheriff to enter your 
mailed to the CDTFA office that sent                                             business and collect the gross receipts 
                                       • Returning the property will help 
the Notice of Levy.                                                              or contents of the cash register(s).
                                       you pay your amount due.
Levying your salary or wages           • Returning the property is in the        A till‑tap warrant typically gives 
                                       state’s and your best interest.           instructions to the officer to  collect 
The CDTFA may issue a levy on your                                               the contents of the till (cash register[s]) 
                                       • We receive a valid claim of 
wages, or an Earnings Withholding                                                upon arrival at the place of business.
                                       exemption or third‑party claim.
Order, which typically seizes 25 
percent of your after‑tax income from  Assets legally exempt from levy are       A keeper warrant typically instructs 
each paycheck.                         listed on the CDTFA‑425, Exemptions       the officer to leave a representative at 
                                       from the Enforcement of Judgments,        the place of business for a full day and 
If you request a hardship hearing,     provided to you with a copy of the        to collect the proceeds of the business. 
one will be provided to you by a       Notice of Levy. A claim of exemption      A keeper warrant, however, may be 
CDTFA supervisor or office lead        must be filed within 10 days after the    requested for a period up to 10 days.
person. You will be asked to complete  Notice of Levy was delivered to you or    The CDTFA will generally use 
a CDTFA‑403‑E, Individual Financial    15 days after the Notice was mailed.      either warrant only after verbal and 
Statement, and provide supporting 
documentation of your inability        If the levy captures property             written requests and other avenues of 
to pay. If you have a documented       belonging to another person who is        collection have been unsuccessful.
hardship, the withholding order may    not liable for the unpaid tax or fee, the By law, the CDTFA can collect the 
be reduced or released.                person may file a third‑party claim.      warrant fees that are assessed by the 
                                       The claim must be filed before the        law enforcement agency from the 
If the CDTFA levies your salary or     property is transferred to the CDTFA.     business owner.
wages, the levy will end when:
• The levy is released,                The CDTFA may require a                   The CDTFA may revoke 
• You pay your amount due, or          higher security deposit                   (suspend) your seller’s permit
• The time expires for legally         If you have an active business and        The CDTFA may suspend your 
   collecting the amount due.          have had a poor compliance history,       seller’s permit if you do not file a tax 
To discuss your case, call the CDTFA   such as failing to pay a tax return       return on time or pay the sales or use 
employee whose name is shown on        when due or paying with a check           tax amount due on time. The CDTFA 
the Earnings Withholding Order.        that is dishonored, the CDTFA             may also suspend your permit if the 
                                       may require you to post security to       agency requires you to post security 
Releasing your property                protect the state’s interests. If you     but you do not. Typically, the CDTFA 
                                       have already posted security, the 
If the CDTFA seizes property you                                                 will not suspend a permit unless we 
                                       CDTFA may increase the amount 
hold, such as your boat or vehicle, we                                           have exhausted all other remedies.
                                       of required security.  Generally, you 
may release the property prior to its 
                                       may be required to post an amount         Hearing notification
sale date if:
                                       equal to six months of the average tax 
                                                                                 The Taxpayers’ Bill of Rights requires 
• You pay the amount of the            owed by the business. The minimum 
                                                                                 that you be given 60 days notice prior 
  CDTFA’s interest in the property,    security requirement for a seller’s 
                                                                                 to revocation (suspension) of your 
• You enter into an escrow             permit is $2,000, the maximum is 
                                                                                 permit. A hearing will be scheduled 
   arrangement,                        $50,000. Security will be returned 
                                                                                 and you will be notified in writing of 
• You furnish an acceptable bond,      after an account has had no payment 
                                                                                 the hearing date 10 days in advance. 
• You make an acceptable agreement     problems for three consecutive years.
                                                                                 Within those 10 days, you must 
  for paying the tax or fee, or        To learn more about security              show why the permit should not be 
 • The expense of selling your         requirements for programs other than      suspended. If you do not respond, 
  property would be more than the      Sales and Use Tax, you may call our       your permit will be suspended. If you 
  tax or fee debt.                     Customer Service Center at                do respond, your arguments will be 
                                       1‑800‑400‑7115 (CRS:711) for assistance.  considered at the hearing.
Returning levied property
                                                                                 If your permit is suspended and you 
We can consider returning levied       We may issue a “till-tap” or 
                                                                                 engage in business afterward, you are 
                                       “keeper” warrant
                                                                                 guilty of a misdemeanor and may be 



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 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.



- 8 -

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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              City           Area Code  Number        other valuable information.
 liability became due and payable.
• Three years from the date we              Bakersfield       1‑661 395‑2880        Customer Service Center
                                            Cerritos          1‑562 356‑1102
 collected an involuntary payment by        Culver City       1‑310  342‑1000       1-800-400-7115 (CRS:711)
 use of enforcement procedures, such
 as from a levy or lien. (Payments          El Centro         1‑760        352‑3431 To speak to a representative:
 made to release liens are subject          Fairfield         1‑707        427‑4800 Call between 8:00 a.m. and 5:00 p.m., 
 to the six month statue as they are        Fresno            1‑559 440‑5330        Monday‑Friday (Pacific time), except 
 considered voluntary.)                     Glendale          1‑818  543‑4900       state holidays, if you have a general 
                                            Irvine            1‑949 440‑3473        tax or fee question.
Be sure to file your claim for refund by 
the applicable deadline. If you do not      Oakland           1‑510 622‑4100
                                            Rancho Cucamonga  1‑909  257‑2900       Forms and Publications
file your claim on time, you will not be 
eligible to receive a refund, even if you   Rancho Mirage     1‑760  770‑4828       View and print forms and 
may have paid too much tax.                 Redding           1‑530 224‑4729        publications from the CDTFA website 
                                            Riverside         1‑951 680‑6400        at www.cdtfa.ca.gov. To receive a 
If you make more than one payment           Sacramento        1‑916 227‑6700        form or publication by mail, call 
to pay off your tax or fee amount due,      Salinas           1‑831 754‑4500        our Customer Service Center at 
you may file one single timely claim                                                1‑800‑400‑7115 (CRS:711).
for refund to cover all future payments     San Diego         1‑858  385‑4700
applied to that billing, and any prior      San Francisco     1‑415  356‑6600       Taxpayers’ Rights Advocate
payments that remain within the             San Jose          1‑408  277‑1231
applicable statute of limitations. If you   Santa Clarita     1‑661  222‑6000       If you have not been able to 
                                                                                    resolve a problem through 
are disputing more than one billing,        Santa Rosa        1‑707  576‑2100
                                                                                    normal channels, for example 
you must file a timely claim for refund     Ventura           1‑805 677‑2700
for each separate billing.                                                          by speaking with a supervisor, 
                                            West Covina       1‑626  480‑7200       we encourage you to contact the 
Prior to January 1, 2017, taxpayers or                                              Taxpayers’ Rights Advocate for help.
feepayers were generally required           Out-of-State Accounts
                                                                                    Taxpayers’ Rights Advocate, MIC:70
to file a separate claim for refund for     Please call 1‑916‑227‑6600
each installment payment to protect                                                 California Department of 
against the expiration of the statute of    Special Taxes and Fees Bureau           Tax and Fee Administration 
limitations.                                                                        PO Box 942879 
                                            1‑800‑400‑7115                          Sacramento, CA  94279‑0070 
                                            (select Special Taxes and Fees)
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 (12-19)






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