CHAPTER
9.2. California Tax Amnesty and Revenue Recovery Act
19740.
The Franchise Tax Board shall administer a tax amnesty program for taxpayers subject to Part 10 (commencing with Section 17001) and Part 11 (commencing with Section 23001), as provided in this chapter.19740.1.
The tax amnesty program shall be conducted during a two-month period beginning February 1, 2022, and ending March 31, 2022, inclusive, or during a timeframe ending no later than June 30, 2022, pursuant to Section 19740.3. The program shall apply to tax liabilities for taxable years beginning before January 1, 2021.19740.2.
(a) For any taxpayer that meets each of the requirements of Section 19740.3, both of the following apply:(1) The Franchise Tax Board shall waive all unpaid penalties and fees imposed by this part for each taxable year for which tax amnesty is allowed, but only to the extent of the amount of any penalty or fee that is owed as a result of previous nonreporting or underreporting of tax liabilities or prior nonpayment of any taxes previously assessed or proposed to be assessed for that taxable year.
(2) Except as provided in subdivision (b), a criminal action shall not be brought against the taxpayer for the taxable years for which tax amnesty is allowed for
the nonreporting or underreporting of tax liabilities or the nonpayment of any taxes previously assessed or proposed to be assessed.
(b) This chapter shall not apply to violations of this part, for which, as of February 1, 2021, any of the following applies:
(1) The taxpayer is on notice of a criminal investigation by a complaint having been filed against the taxpayer.
(2) The taxpayer is under criminal investigation.
(3) A court proceeding has already been initiated.
(c) This section shall not apply to any nonreported or underreported tax liability amounts attributable to tax shelter items that could have been reported under either the voluntary compliance initiative under Chapter 9.5
(commencing with Section 19751) or the Internal Revenue Service’s Offshore Voluntary Compliance Initiative described in Revenue Procedure 2003-11, or the Internal Revenue Service’s Voluntary Disclosure Program.
(d) A refund or credit not shall be granted with respect to any penalty or fee paid with respect to a taxable year prior to the time the taxpayer makes a request for tax amnesty for that taxable year pursuant to Section 19740.3.
(e) Notwithstanding Chapter 6 (commencing with Section 19301), a taxpayer may not file a claim for refund or credit for any amounts paid in connection with the tax amnesty program under this chapter.
19740.3.
(a) This chapter shall apply to any taxpayer who satisfies all of the following requirements:(1) During the tax amnesty program period specified in Section 19740.1, is eligible to participate in the tax amnesty program.
(2) During the tax amnesty program period specified in Section 19740.1, files a completed amnesty application with the Franchise Tax Board, signed under penalty of perjury, electing to participate in the tax amnesty program.
(3) Within 60 days after the conclusion of the tax amnesty period, does either of the following:
(A) (i) For any taxable year eligible for the tax amnesty program where the taxpayer has not filed any required return, files a completed original tax return for that year.
(ii) For any taxable year eligible for the tax amnesty program where the taxpayer filed a return but underreported tax liability on that return, files an amended return for that year.
(B) Pays in full any taxes and interest due for each taxable year described in clauses (i) and (ii) of subparagraph (A), as applicable, for which amnesty is requested, or applies for an installment payment agreement under subdivision (b). For taxpayers that have not paid in full any taxes previously proposed to be assessed, pays in full the taxes and interest due for that portion of the proposed assessment for each taxable year for which amnesty is requested or applies for an installment payment
agreement under subdivision (b).
(4) For purposes of complying with the full payment provisions of paragraph (3) of subdivision (a), if the full amount due is paid within the period set forth in paragraph (3) of subdivision (c) of Section 19101 after the date the Franchise Tax Board mails a notice resulting from the filing of an amnesty application or the full amount is paid within 60 days after the conclusion of the tax amnesty period, the full amount due shall be treated as paid during the amnesty period.
(5) In the case of any taxpayer that has filed for bankruptcy protection under Title 11 of the United States Code, submits an order from a Federal Bankruptcy Court allowing the taxpayer to participate in the amnesty program.
(b) (1) For purposes of complying with the full payment provisions
of subparagraph (B) of paragraph (3) of subdivision (a), the Franchise Tax Board may enter into an installment payment agreement, but only if final payment under the terms of that installment payment agreement is due and is paid no later than June 30, 2022.
(2) Any installment payment agreement authorized by this subdivision shall include interest on the outstanding amount due at the rate prescribed in Section 19521.
(3) Failure by the taxpayer to fully comply with the terms of an installment payment agreement under this subdivision shall render the waiver of penalties and fees under Section 19740.2 null and void, unless the Franchise Tax Board determines that the failure was due to reasonable cause and not due to willful neglect.
(4) In the case of any failure described under paragraph (3), the total amount of tax,
interest, fees, and all penalties shall become immediately due and payable.
(c) (1) The application required under paragraph (2) of subdivision (a) shall be in the form and manner specified by the Franchise Tax Board, but in no case shall a mere payment of any taxes and interest due, in whole or in part, for any taxable year otherwise eligible for amnesty under this part, be deemed to constitute an acceptable amnesty application under this part. For purposes of the prior sentence, the application of a refund from one taxable year to offset a tax liability from another taxable year otherwise eligible for amnesty shall not, without the filing of an amnesty application, be deemed to constitute an acceptable amnesty application under this part.
(2) The Legislature specifically intends that the Franchise Tax Board, in administering the amnesty application
requirement under this part, make the amnesty application process as streamlined as possible to ensure participation in the amnesty program will be available to as many taxpayers as possible without otherwise compromising the Franchise Tax Board’s ability to enforce and collect the taxes imposed under Part 10 (commencing with Section 17001) and Part 11 (commencing with Section 23001).
(d) All revenues derived pursuant to subdivision (c) shall be subject to Sections 19602 and 19604.
19740.4.
Notwithstanding any other provision of this chapter, if any overpayment of tax shown on an original or amended return filed under this article is refunded or credited within 180 days after the return is filed, no interest shall be allowed under Section 19340 on that overpayment.19740.5.
(a) The Franchise Tax Board may issue forms, instructions, notices, rules, or guidelines, and take any other necessary actions needed to implement this chapter, specifically including any forms, instructions, notices, rules, or guidelines that specify the form and manner of any acceptable form of amnesty application described in Section 19733.(b) Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code does not apply to any standard, criterion, procedure, determination, rule, notice, or guideline established or issued by the Franchise Tax Board pursuant to this chapter.
19740.6.
(a) The Taxpayers’ Rights Advocate’s Office, in coordination with the Franchise Tax Board and the Franchise Tax Board’s existing public outreach programs, shall adequately publicize the tax amnesty program so as to maximize public awareness and to make taxpayers aware of the program. (b) The Franchise Tax Board shall make reasonable efforts to identify taxpayer liabilities and, to the extent practicable, will send written notice to taxpayers of their eligibility for the tax amnesty program. However, failure of the Franchise Tax Board to notify a taxpayer of the existence or correct amount of a tax liability eligible for amnesty shall not preclude the taxpayer from participating in the tax amnesty program, nor shall that
failure be grounds for abating the penalty imposed under Section 19777.6.
19740.7.
Any taxpayer who has an existing installment payment agreement under Section 19008 as of the start of the amnesty program, and who does not participate in the amnesty program, may not be subject to the penalty imposed under Section 19777.6 with respect to amounts payable under that agreement.19740.8.
(a) A penalty may not be imposed under this chapter upon a showing by the taxpayer that there was reasonable cause for, and the taxpayer acted in good faith with respect to, that portion.(b) (1) The determination of whether a taxpayer acted with reasonable cause and in good faith under this section is made on a case-by-case basis, taking into account all pertinent facts and circumstances. The most important factor is the extent of the taxpayer’s effort to assess the taxpayer’s proper tax liability.
(2) Circumstances that may indicate reasonable cause and good faith include an honest misunderstanding of fact or law that is reasonable in light of all of the
facts and circumstances, including the experience, knowledge, and education of the taxpayer. An isolated computational or transcriptional error generally is not inconsistent with reasonable cause and good faith. Reliance on an information return or on the advice of a professional tax advisor does not necessarily demonstrate reasonable cause and good faith. Reasonable cause and good faith is not necessarily indicated by reliance on facts that, unknown to the taxpayer, are incorrect. Reliance on an information return, professional advice, or other facts, however, constitutes reasonable cause and good faith if, under all the circumstances, that reliance was reasonable and the taxpayer acted in good faith. For example, reliance on erroneous information, such as an error relating to the cost or adjusted basis of property, the date property was placed in service, or the amount of opening or closing inventory, inadvertently included in data compiled by the various divisions of a multidivisional corporation or in
financial books and records prepared by those divisions generally indicates reasonable cause and good faith, provided the corporation employed internal controls and procedures, reasonable under the circumstances, that were designed to identify such factual errors.
(3) Reasonable cause and good faith ordinarily is not indicated by the mere fact that there is an appraisal of the value of property. Other factors to consider include the methodology and assumptions underlying the appraisal, the appraised value, the relationship between appraised value and purchase price, the circumstances under which the appraisal was obtained, and the appraiser’s relationship to the taxpayer or to the activity in which the property is used.
(4) A taxpayer’s reliance on erroneous information reported on a Form W-2, Form 1099, or other information return indicates reasonable cause and good faith,
provided the taxpayer did not know or have reason to know that the information was incorrect. A taxpayer knows, or has reason to know, that the information on an information return is incorrect if that information is inconsistent with other information reported or otherwise furnished to the taxpayer, or with the taxpayer’s knowledge of the transaction. This knowledge includes, for example, the taxpayer’s knowledge of the terms of the taxpayer’s employment relationship or of the rate of return on a payor’s obligation.
(c) (1) All facts and circumstances shall be taken into account in determining whether a taxpayer has reasonably relied in good faith on advice, including the opinion of a professional tax advisor, as to the treatment of the taxpayer, or any entity, plan, or arrangement, under state or federal tax law. For example, the taxpayer’s education, sophistication, and business experience will be relevant in
determining whether the taxpayer’s reliance on tax advice was reasonable and made in good faith. In no event will a taxpayer be considered to have reasonably relied in good faith on advice, including an opinion, unless the requirements of this paragraph are satisfied. The fact that these requirements are satisfied, however, will not necessarily establish that the taxpayer reasonably relied on the advice, including the opinion of a tax advisor, in good faith. For example, reliance may not be reasonable or in good faith if the taxpayer knew, or reasonably should have known, that the advisor lacked knowledge in the relevant aspects of state or federal tax law.
(2) The advice must be based upon all pertinent facts and circumstances and the law as it relates to those facts and circumstances. For example, the advice must take into account the taxpayer’s purposes, and the relative weight of those purposes, for entering into a transaction and for
structuring a transaction in a particular manner. In addition, the requirements of this paragraph are not satisfied if the taxpayer fails to disclose a fact that it knows, or reasonably should know, to be relevant to the proper tax treatment of an item.
(3) The advice must not be based on unreasonable factual or legal assumptions, including assumptions as to future events, and must not unreasonably rely on the representations, statements, findings, or agreements of the taxpayer or any other person. For example, the advice must not be based upon a representation or assumption the taxpayer knows, or has reason to know, is unlikely to be true, such as an inaccurate representation or assumption as to the taxpayer’s purposes for entering into a transaction or for structuring a transaction in a particular manner.
(4) A taxpayer may not rely on an opinion or advice that a regulation is
invalid to establish that the taxpayer acted with reasonable cause and good faith unless the taxpayer adequately disclosed the position that the regulation in question is invalid.
(5) Advice is any written communication, including, but not limited to, letters, electronic communications, such as emails and text messages, tax returns prepared by a professional tax advisor, or other written communication, setting forth the analysis or conclusion of a person, other than the taxpayer, provided to or for the benefit of the taxpayer and on which the taxpayer relies, directly or indirectly, with respect to the imposition of the Section 19777.6 amnesty penalty.
(d) Taxpayers with amounts in dispute as of the start of the amnesty program, or subsequent to the closing of the amnesty period, including under audit, protest, litigation, or claim for refund, shall not be subject to the amnesty
penalty imposed under Section 19777.6.