Revenue and Taxation Code - RTC
DIVISION 2. OTHER TAXES [6001 - 61050]
( Heading of Division 2 amended by Stats. 1968, Ch. 279. ) PART 13. CIGARETTE TAX [30001 - 30483]
( Part 13 added by Stats. 1959, Ch. 1040. ) CHAPTER 6. Overpayments and Refunds [30361 - 30421]
( Chapter 6 added by Stats. 1959, Ch. 1040. ) ARTICLE 1. Claim for Refund [30361 - 30367]
( Article 1 added by Stats. 1959, Ch. 1040. ) 30361.
If the department determines that any amount not required to be paid under this part has been paid by any person, the department shall set forth that fact in its records and certify the amount collected in excess of the amount legally due and the person from whom it was collected or by whom it was paid. The excess amount collected or paid shall be credited by the department on any amounts then due and payable from the person from whom the excess amount was collected or by whom it was paid under this part, and the balance shall be refunded to the person, or the person’s successors, administrators, or executors. Any determination by the department 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 after the
effective date of that determination.
(Amended by Stats. 2022, Ch. 474, Sec. 33. (SB 1496) Effective January 1, 2023.)