(a) No credit or refund shall be allowed or made after a period ending four years from the date the return was filed (if filed within the time prescribed by Section 18567 or 18604, whichever is applicable), four years from the last day prescribed for filing the return (determined without regard to any extension of time for filing the return), or after one year from the date of the overpayment, whichever period expires later, unless before the expiration of that period a claim therefor is filed by the taxpayer, or unless before the expiration of that period the Franchise Tax Board allows a credit, makes a refund, or mails a notice of proposed overpayment on a preprinted form prescribed by the Franchise Tax Board.

(b) The amendments to this section by the act adding this subdivision shall be applied to all claims and refunds, without regard to taxable year, for which the statute of limitations has not expired on the date that this act takes effect.

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Terms Used In California Revenue and Taxation Code 19306

  • board: means the California Department of Tax and Fee Administration. See California Revenue and Taxation Code 20
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.

(Amended by Stats. 2001, Ch. 543, Sec. 12. Effective January 1, 2002.)