(a) If the board finds that a person‘s failure to make a timely report or return or payment is due to reasonable cause and circumstances beyond the person’s control, and occurred notwithstanding the exercise of ordinary care and the absence of willful neglect, the person may be relieved of the penalty provided by Sections 45153, 45160, and 45306.
(b) Except as provided in subdivision (c), any person seeking to be relieved of the penalty shall file with the board a statement, under penalty of perjury, setting forth the facts upon which he or she bases his or her claim for relief.
Terms Used In California Revenue and Taxation Code 45155
- board: means the California Department of Tax and Fee Administration. See California Education Code 5301
- Person: includes any person, firm, partnership, general partner of a partnership, limited liability company, registered limited liability partnership, foreign limited liability partnership, association, corporation, company, syndicate, estate, trust, business trust, or organization of any kind. See California Education Code 5300
(c) The board shall establish criteria that provide for efficient resolution of requests for relief pursuant to this section.
(Amended by Stats. 2000, Ch. 1052, Sec. 64.5. Effective January 1, 2001.)