Bill Text: CA AB347 | 2009-2010 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Income and corporation taxes: charitable contributions:

Spectrum: Slight Partisan Bill (Democrat 55-27)

Status: (Passed) 2010-03-15 - Chaptered by Secretary of State - Chapter 8, Statutes of 2010. [AB347 Detail]

Download: California-2009-AB347-Introduced.html

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BILL NUMBER: AB 347	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Block

                        FEBRUARY 19, 2009

   An act to amend Section 7054 of the Revenue and Taxation Code,
relating to taxation.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 347, as introduced, Block. Sales and use taxes: failure to
furnish information.
   The Sales and Use Tax Law imposes a tax on retailers measured by
the gross receipts from the sale of tangible personal property sold
at retail in this state, and on the storage, use, or other
consumption in this state of tangible personal property purchased
from a retailer for storage, use, or other consumption in this state.
The State Board of Equalization is authorized to administer and
enforce that law, as provided. Existing law provides that the board
or any authorized person may examine the books, papers, records, and
equipment of any person selling tangible personal property and any
person liable for the use tax and may investigate the character of
the business of the person in order to verify the accuracy of any
return made, or, if no return is made by the person, to ascertain and
determine the amount required to be paid.
   This bill would authorize the board to impose a 25% penalty, as
specified, if during an examination or audit engagement, the person
fails or refuses to furnish any information requested by the date
specified in writing and required by the Sales and Use Tax Law.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 7054 of the Revenue and Taxation Code is
amended to read:
   7054.   (a)    The board or any person
authorized in writing by it may examine the books, papers, records,
and equipment of any person selling tangible personal property and
any person liable for the use tax and may investigate the character
of the business of the person in order to verify the accuracy of any
return made, or, if no return is made by the person, to ascertain and
determine the amount required to be paid. 
   (b) If, during an examination or audit engagement, any person
described in subdivision (a) fails or refuses to furnish any
information requested by the date specified in writing by the board
and required by this part upon notice and demand by the board, then,
unless the failure is due to reasonable cause and not willful
neglect, the board may add a penalty of 25 percent of the amount of
tax determined pursuant to Section 6481 or any deficiency of tax
determined by the board concerning the assessment for which the
information was required.