Today's Law As Amended


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AB-828 Cannabis excise tax: remittance and collection.(2021-2022)



As Amends the Law Today


SECTION 1.

 Section 34015 of the Revenue and Taxation Code is amended to read:

34015.
 (a) Unless  Except as provided in, or unless  otherwise prescribed by the department, the cannabis excise tax imposed by Section 34011.2 board pursuant to, subdivision (c), the excise tax and cultivation tax imposed by this part  is due and payable to the department quarterly on or before the last day of the month following each quarterly period of three months. On or before the last day of the month following each quarterly period, each cannabis retailer shall file  a return for the preceding quarterly period shall be filed  with the department using electronic media prescribed by the department.  by each distributor using electronic media.  Returns shall be authenticated in a form or pursuant to methods as may be prescribed by the department. If the cultivation tax is paid by stamp pursuant to subdivision (d) of Section 34012, the department may by regulation determine when and how the tax shall be paid. 
(b) The department may require every person engaged in the cultivation, distribution, manufacturing, or retail sale of cannabis or cannabis products, or any other person required to be licensed pursuant to Division 10 (commencing with Section 26000) of the Business and Professions Code to file, on or before the 25th day of each month, a report using electronic media prescribed by the department with respect to the  respecting the  person’s inventory, purchases, and sales during the preceding month and any other information as the department may require to carry out the purposes of this part. Reports shall be authenticated in a form or pursuant to methods as may be prescribed by the department.
(c) (1) If a distributor has not collected the excise tax imposed by this part from the cannabis retailer in the quarter that the cannabis or cannabis product was purchased, the distributor may remit the tax in the return for the following quarter.
(2) The department may adopt regulations prescribing the due date for returns and remittances of excise tax collected by a distributor in an arm’s length transaction pursuant to subdivision (b) of Section 34011.
(c) (d)  The department may examine  make examinations of  the books and records of any person licensed, or required to be licensed, pursuant to Division 10 (commencing with Section 26000) of the Business and Professions Code, as it may deem necessary in carrying out this part.
(d) This section shall become operative on January 1, 2023.