Amended
IN
Assembly
March 21, 2017 |
Assembly Bill | No. 647 |
Introduced by Assembly Member Reyes |
February 14, 2017 |
Existing law imposes various taxes, including a tax at a specified rate on the gross premiums of an insurer, as defined, administered in part by the State Board of Equalization. Existing law provides that, if the board determines that any tax, interest, or penalty has been paid more than once or has been erroneously or illegally collected or computed, the board shall set forth that fact in its records of the board, certify the amount of the taxes, interest, or penalties collected in excess of what was
legally due, and from whom they were collected or by whom paid and certify the excess to the Controller for credit or refund.
This bill would make a nonsubstantive change to that provision.
(a)If the board determines that any tax, interest, or penalty has been paid more than once or has been erroneously or illegally collected or computed, the board shall set forth that fact in its records of the board, certify the amount of the taxes, interest, or penalties collected in excess of what was legally due, and from whom they were collected or by whom paid and certify the excess to the Controller for credit or refund.
(b)The Controller upon receipt of a certification for credit or refund shall credit the excess on any amounts then due and payable from the insurer or surplus line broker under this part and refund the balance.
(c)Any proposed determination by the board pursuant to this section with respect to an amount in excess of fifty thousand dollars ($50,000) shall be available as a public record for at least 10 days prior to the effective date of that determination.
(d)This section shall become operative on July 1, 2013.