Added by Stats. 1988, Ch. 1574, Sec. 1.
This article shall be known and may be cited as “The Harris-Katz California Taxpayers’ Bill of Rights.”
Article 3 - The California Taxpayers’ Bill of Rights
California Revenue and Taxation Code — §§ 7080-7099.1
Sections (23)
Amended by Stats. 2001, Ch. 670, Sec. 2. Effective January 1, 2002.
The Legislature finds and declares that taxes are the most sensitive point of contact between citizens and their government, and that there is a delicate balance between revenue collection and freedom from government oppression. It is the intent of the Legislature to place guarantees in California law to ensure that the rights, privacy, and property of California taxpayers are adequately protected during the process of the assessment and collection of taxes.
The Legislature further finds that the California tax system
is based largely on voluntary compliance, and the development of understandable tax laws and taxpayers informed of those laws will improve both voluntary compliance and the relationship between taxpayers and government. It is the further intent of the Legislature to promote improved voluntary taxpayer compliance by improving the clarity of tax laws and efforts to inform the public of the proper application of those laws.
The Legislature further finds and declares that the purpose of any tax proceeding between the State Board of Equalization and a taxpayer is the determination of the taxpayer’s correct amount of tax liability. It is the intent of the Legislature that, in furtherance of this purpose, the State Board of Equalization may inquire into, and shall allow the taxpayer every opportunity to present, all relevant information pertaining to the taxpayer’s liability.
Added by Stats. 1988, Ch. 1574, Sec. 1.
The board shall administer this article. Unless the context indicates otherwise, the provisions of this article shall apply to this part.
Added by Stats. 1988, Ch. 1574, Sec. 1.
(a)The board shall establish the position of the Taxpayers’ Rights Advocate. The advocate or his or her designee shall be responsible for facilitating resolution of taxpayer complaints and problems, including any taxpayer complaints regarding unsatisfactory treatment of taxpayers by board employees, and staying actions where taxpayers have suffered or will suffer irreparable loss as the result of those actions. Applicable statutes of limitation shall be tolled during the pendency of a stay. Any penalties and interest which would otherwise accrue shall not be affected by the granting of a stay.
(b)The advocate shall report directly to the executive officer of the board.
Amended by Stats. 1998, Ch. 612, Sec. 6. Effective January 1, 1999.
(a)The board shall develop and implement a taxpayer education and information program directed at, but not limited to, all of the following groups:
(1)Taxpayers newly registered with the board.
(2)Taxpayer or industry groups identified in the annual report described in Section 7085.
(3)Board audit and compliance staff.
(b)The education and information program shall include all of the following:
(1)Mailings to, or appropriate and effective contact with, the taxpayer groups specified in subdivision (a) which explain in simplified terms the most common areas of noncompliance the taxpayers or industry groups are likely to encounter.
(2)A program of written communication with newly registered taxpayers explaining in simplified terms their duties and responsibilities as a holder of a seller’s permit or use tax registrant and the most common areas of noncompliance encountered by participants in their business or industry.
(3)Participation in small business seminars and similar programs organized by federal, state, and local agencies.
(4)Revision of taxpayer educational materials currently produced by the board which explain the most common areas of taxpayer nonconformance in simplified terms.
(5)Implementation of a continuing education program for audit and compliance personnel to include the application of new legislation to taxpayer activities and areas of recurrent taxpayer noncompliance or inconsistency of administration.
(c)Electronic media used pursuant to this section shall not represent the voice, picture, or name of members of the board or of the Controller.
Added by Stats. 1988, Ch. 1574, Sec. 1.
(a)The board shall perform annually a systematic identification of areas of recurrent taxpayer noncompliance and shall report its findings in its annual report submitted pursuant to Section 15616 of the Government Code.
(b)As part of the identification process described in subdivision (a), the board shall do both of the following:
(1)Compile and analyze sample data from its audit process, including, but not limited to, all of the following:
(A)The statute or regulation violated by the taxpayer.
(B)The amount of tax involved.
(C)The industry or business engaged in by the taxpayer.
(D)The number of years covered in the audit period.
(E)Whether or not professional tax preparation assistance was utilized by the taxpayer.
(F)Whether sales and use tax returns were filed by the taxpayer.
(2)Conduct an annual hearing before the full board where industry representatives and individual taxpayers are allowed to present their proposals on changes to the Sales and Use Tax Law which may further facilitate achievement of the legislative findings.
(c)The board shall include in its report recommendations for improving taxpayer compliance and uniform administration, including, but not limited to, all of the following:
(1)Changes in statute or board regulations.
(2)Improvement of training of board personnel.
(3)Improvement of taxpayer communication and education.
Added by Stats. 1988, Ch. 1574, Sec. 1.
The board shall prepare and publish brief but comprehensive statements in simple and nontechnical language which explain procedures, remedies, and the rights and obligations of the board and taxpayers. As appropriate, statements shall be provided to taxpayers with the initial notice of audit, the notice of proposed additional taxes, any subsequent notice of tax due, or other substantive notices. Additionally, the board shall include the statement in the annual tax information bulletins which are mailed to taxpayers.
Amended by Stats. 1991, Ch. 402, Sec. 2.
(a)The total amount of revenue collected or assessed pursuant to this part shall not be used for any of the following:
(1)To evaluate individual officers or employees.
(2)To impose or suggest revenue quotas or goals, other than quotas or goals with respect to accounts receivable.
(b)The board shall certify in its annual report submitted pursuant to Section 15616 of the Government Code that revenue collected or assessed is not used
in a manner prohibited by subdivision (a).
(c)Nothing in this section shall prohibit the setting of goals and the evaluation of performance with respect to productivity and the efficient use of time.
Added by Stats. 1988, Ch. 1574, Sec. 1.
(a)The board shall develop and implement a program which will evaluate an individual employee’s or officer’s performance with respect to his or her contact with taxpayers. The development and implementation of the program shall be coordinated with the Taxpayers’ Rights Advocate.
(b)The board shall report to the Legislature on the implementation of this program in its annual report.
Added by Stats. 1988, Ch. 1574, Sec. 1.
No later than July 1, 1989, the board shall, in cooperation with the State Bar of California, the California Society of Certified Public Accountants, the Taxpayers’ Rights Advocate, and other interested taxpayer-oriented groups, develop a plan to reduce the time required to resolve petitions for redetermination and claims for refunds. The plan shall include determination of standard time frames and special review of cases which take more time than the appropriate standard time frame.
Added by Stats. 1988, Ch. 1574, Sec. 1.
Procedures of the board, relating to protest hearings before board hearing officers, shall include all of the following:
(a)Any hearing shall be held at a reasonable time at a board office which is convenient to the taxpayer.
(b)The hearing may be recorded only if prior notice is given to the taxpayer and the taxpayer is entitled to receive a copy of the recording.
(c)The taxpayer shall be informed prior to any hearing that he or she has a right to have
present at the hearing his or her attorney, accountant, or other designated agent.
Amended by Stats. 2000, Ch. 1052, Sec. 6. Effective January 1, 2001.
(a)Every taxpayer is entitled to be reimbursed for any reasonable fees and expenses related to a hearing before the board if all of the following conditions are met:
(1)The taxpayer files a claim for the fee and expenses with the board within one year of the date the decision of the board becomes final.
(2)The board, in its sole discretion, finds that the action taken by the board staff was unreasonable.
(3)The board decides that the taxpayer be awarded a specific amount of fees and expenses related to the hearing, in an amount determined by the board in its sole discretion.
(b)To determine whether the board staff has been unreasonable, the board shall consider whether the board staff has established that its position was substantially justified.
(c)The amount of reimbursed fees and expenses shall be limited to the following:
(1)Fees and expenses incurred after the date of the notice of determination, jeopardy determination, or a claim for refund.
(2)If the board finds that the staff was unreasonable with respect to certain issues but reasonable with respect to other issues, the amount
of reimbursed fees and expenses shall be limited to those which relate to the issues where the staff was unreasonable.
(d)Any proposed award by the board pursuant to this section shall be available as a public record for at least 10 days prior to the effective date of the award.
(e)The amendments to this section by the act adding this subdivision shall be operative for claims filed on or after January 1, 1999.
Added by Stats. 1988, Ch. 1574, Sec. 1.
(a)An officer or employee of the board acting in connection with any law administered by the board shall not knowingly authorize, require, or conduct any investigation of, or surveillance over, any person for nontax administration related purposes.
(b)Any person violating subdivision (a) shall be subject to disciplinary action in accordance with the State Civil Service Act, including dismissal from office or discharge from employment.
(c)This section shall not apply with respect to any otherwise lawful
investigation concerning organized crime activities.
(d)The provisions of this section are not intended to prohibit, restrict, or prevent the exchange of information where the person is being investigated for multiple violations which include sales and use tax violations.
(e)For the purposes of this section:
(1)“Investigation” means any oral or written inquiry directed to any person, organization, or governmental agency.
(2)“Surveillance” means the monitoring of persons, places, or events by means of electronic interception, overt or covert observations, or photography, and the use of informants.
Amended by Stats. 2023, Ch. 511, Sec. 3. (SB 889) Effective January 1, 2024.
(a)It is the intent of the Legislature that the department, its staff, and the Attorney General pursue settlements as authorized under this section with respect to civil tax matters in dispute that are the subject of protests, appeals, or refund claims, consistent with a reasonable evaluation of the costs and risks associated with litigation of these matters.
(b)(1) Except as provided in paragraph (2), no recommendation of settlement shall be submitted to the director for approval unless and until that recommendation has been submitted by the
chief counsel to the Attorney General. Within 30 days of receiving that recommendation, the Attorney General shall review the recommendation and advise the chief counsel in writing of their conclusions as to whether the recommendation is reasonable from an overall perspective. The chief counsel shall, with each recommendation of settlement submitted to the director, also submit the Attorney General’s written conclusions obtained pursuant to this paragraph.
(2)(A) A settlement of any civil tax matter in dispute involving a reduction of tax or penalties in settlement, the total of which reduction of tax and penalties in settlement does not exceed
eleven thousand five hundred dollars ($11,500), may be approved by the
director.
(B)Beginning on July 1, 2029, and each fifth fiscal year thereafter, the department shall adjust the amount specified in subparagraph (A) by increasing that amount by a percentage amount equal to the increase in the California Consumer Price Index, as calculated by the Department of Finance, with the resulting amount rounded to the nearest one hundred dollars ($100). The first adjustment pursuant to this subparagraph shall be a percentage amount equal to the increase in the California Consumer Price Index from January 1, 2024, to January 1, 2029. Subsequent fifth fiscal year adjustments shall cover subsequent five-year periods. The incremental change shall be added to the previously adjusted amount.
(c)Whenever a reduction of tax or penalties or
total tax and penalties in settlement in excess of five hundred dollars ($500) is approved pursuant to this section, there shall be placed on file, for at least one year, in the office of the director a public record with respect to that settlement. The public record shall include all of the following information:
(1)The name or names of the taxpayers who are parties to the settlement.
(2)The total amount in dispute.
(3)The amount agreed to pursuant to the settlement.
(4)A summary of the reasons why the settlement is in the best
interests of the State of California.
(5)(A) For any settlement approved by the director, except those settlements approved pursuant to paragraph (2) of subdivision (b), the Attorney General’s conclusion as to whether the recommendation of settlement was reasonable from an overall perspective.
(B)The public record shall not include any information that relates to any trade secret, patent, process, style of work, apparatus, business secret, or organizational structure that, if disclosed, would adversely affect the taxpayer or the national defense.
(d)The director shall not participate in the settlement of tax matters pursuant to this section, except as provided in subdivision
(e).
(e)(1) Any recommendation for settlement shall be approved or disapproved by the director, within 45 days of the submission of that recommendation to the director. Any recommendation for settlement that is not either approved or disapproved by the director within 45 days of the submission of that recommendation shall be deemed approved.
(2)Where the director disapproves a recommendation for settlement, at the discretion of the director and chief counsel, the matter shall be remanded to staff for further negotiation, and may be resubmitted to the director, in the same manner and subject to the same requirements as the initial
submission.
(f)All settlements entered into pursuant to this section shall be final and nonappealable, except upon a showing of fraud or misrepresentation with respect to a material fact.
(g)Except as provided in subdivision (c), any settlement considered or entered into pursuant to this section shall constitute confidential tax information for purposes of Section 7056.
(h)The Legislature finds that it is essential for fiscal purposes that the settlement program authorized by this section be expeditiously implemented. Accordingly, Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code shall not apply to any determination, rule, notice, or
guideline established or issued by the department in implementing and administering the settlement program authorized by this section.
(i)The amendments made to this section by the act adding this subdivision shall apply to any settlements approved on or after January 1, 2024.
Amended by Stats. 2018, Ch. 181, Sec. 1. (SB 1507) Effective January 1, 2019.
(a)The California Department of Tax and Fee Administration shall release any levy or notice to withhold issued pursuant to this part on any property in the event that the expense of the sale process exceeds the liability for which the levy is made.
(b)(1) (A) The Taxpayers’ Rights Advocate may order the
release of any levy or notice to withhold issued pursuant to this part or, within 90 days from the receipt of funds pursuant to a levy or notice to withhold, order the return of any amount up to two thousand three hundred dollars ($2,300) of moneys received, upon his or her finding that the levy or notice to withhold threatens the health or welfare of the taxpayer or his or her spouse and dependents or family.
(B) The amount the Taxpayers’ Rights Advocate may return to each taxpayer subject to a levy or notice to withhold, is limited to two thousand three hundred dollars ($2,300), or the adjusted amount as specified in paragraph (2), in any monthly period.
(C) The Taxpayers’ Rights Advocate may order amounts returned in the case of a seizure of property as a result of a jeopardy determination, subject to the amounts set or adjusted pursuant to this section and if the ultimate
collection of the amount due is no longer in jeopardy.
(2)(A) The California Department of Tax and Fee Administration shall adjust the two-thousand-three-hundred-dollar ($2,300) amount specified in paragraph (1) as follows:
(i)On or before March 1, 2016, and on or before March 1 each year thereafter, the California Department of Tax and Fee Administration shall multiply the amount applicable for the current fiscal year by the inflation factor adjustment calculated based on the percentage change in the Consumer Price Index, as recorded by the California Department of Industrial Relations for the most recent year available, and the formula set forth in paragraph (2) of subdivision (h) of Section 17041. The resulting amount will be the applicable amount for the succeeding fiscal year only when the applicable amount computed is equal to or exceeds a new
operative threshold, as defined in subparagraph (B).
(ii) When the applicable amount equals or exceeds an operative threshold specified in subparagraph (B), the resulting applicable amount, rounded to the nearest multiple of one hundred dollars ($100), shall be operative for purposes of paragraph (1) beginning July 1 of the succeeding fiscal year.
(B) For purposes of this paragraph, “operative threshold” means an amount that exceeds by at least one hundred dollars ($100) the greater of either the amount specified in paragraph (1) or the amount computed pursuant to subparagraph (A) as the operative adjustment to the amount specified in paragraph (1).
(c)The California Department of Tax and Fee Administration shall not sell any seized property until it has first notified the taxpayer in writing of the exemptions from
levy under Chapter 4 (commencing with Section 703.010) of Division 2 of Title 9 of Part 2 of the Code of Civil Procedure.
(d)Except as provided in subparagraph (C) of paragraph (1) of subdivision (b), this section does not apply to the seizure of any property as a result of a jeopardy determination.
Added by Stats. 1998, Ch. 612, Sec. 8. Effective January 1, 1999.
(a)Except in any case where the board finds collection of the tax to be in jeopardy, if any property has been levied upon, the property or the proceeds from the sale of the property shall be returned to the taxpayer if the board determines any one of the following:
(1)The levy on the property was not in accordance with the law.
(2)The taxpayer has entered into and is in compliance with an installment payment
agreement pursuant to Section 6832 to satisfy the tax liability for which the levy was imposed, unless that or another agreement allows for the levy.
(3)The return of the property will facilitate the collection of the tax liability or will be in the best interest of the state and the taxpayer.
(b)Property returned under paragraphs (1) and (2) of subdivision (a) is subject to the provisions of Section 7096.
Added by Stats. 1988, Ch. 1574, Sec. 1.
Exemptions from levy under Chapter 4 (commencing with Section 703.010) of Title 9 of the Code of Civil Procedure shall be adjusted for purposes of enforcing the collection of debts under this part to reflect changes in the California Consumer Price Index whenever the change is more than 5 percent higher than any previous adjustment.
Amended by Stats. 2013, Ch. 253, Sec. 1. (SB 442) Effective January 1, 2014.
(a)A taxpayer may file a claim with the board for reimbursement of bank charges and any other reasonable third-party check charge fees incurred by the taxpayer as the direct result of an erroneous levy or notice to withhold, erroneous processing action, or erroneous collection action by the board. Bank and third-party charges include a financial institution’s or third party’s customary charge for
complying with the levy or notice to withhold instructions and reasonable charges for overdrafts that are a direct consequence of the erroneous levy or notice to withhold, erroneous processing action, or erroneous collection action. The charges are those paid by the taxpayer and not waived or reimbursed by the financial institution or third party. Each claimant applying for reimbursement shall file a claim with the board that shall be in the form as may be prescribed by the board. In order for the board to grant a claim, the board shall determine that both of the following conditions have been satisfied:
(1)The erroneous levy or notice to withhold, erroneous processing action, or erroneous collection action was caused by board error.
(2)Prior to the erroneous levy or notice to withhold, erroneous processing action, or erroneous collection action, the taxpayer responded to all
contacts by the board and provided the board with any requested information or documentation sufficient to establish the taxpayer’s position. This provision may be waived by the board for reasonable cause.
(b)Claims pursuant to this section shall be filed within 90 days from the date the bank and third-party charges were incurred by the taxpayer. Within 30 days from the date the claim is received, the board shall respond to the claim. If the board denies the claim, the taxpayer shall be notified in writing of the reason or reasons for the denial of the claim.
Amended by Stats. 2022, Ch. 474, Sec. 12. (SB 1496) Effective January 1, 2023.
(a)At least 30 days prior to the filing or recording of liens under Chapter 14 (commencing with Section 7150) or Chapter 14.5 (commencing with Section 7220) of Division 7 of Title 1 of the Government Code, the department shall mail to the taxpayer a preliminary notice. The notice shall specify the statutory authority of the department for filing or recording the lien, indicate the earliest date on which the lien may be filed or recorded, and state the remedies available to the taxpayer to prevent the filing or recording of the lien. In the event tax liens are filed for the same liability in multiple counties, only one preliminary notice shall be sent.
(b)The preliminary notice required by this section shall not apply to
jeopardy determinations issued under Article 4 (commencing with Section 6536) of Chapter 5.
(c)If the department determines that filing a lien was in error, it shall mail a release to the taxpayer and the entity recording the lien as soon as possible, but no later than seven days, after this determination and the receipt of lien recording information. The release shall contain a statement that the lien was filed in error. In the event the erroneous lien is obstructing a lawful transaction, the department shall immediately issue a release of lien to the taxpayer and the entity recording the lien.
(d)When the department releases a lien erroneously filed, notice of that fact shall be mailed to the taxpayer and, upon the request of the taxpayer, a copy of the release shall be mailed to the major credit reporting companies in the county where the lien was filed.
(e)(1) The department may release or subordinate a lien if the department determines any of the following:
(A) Release or subordination will facilitate the collection of the tax liability.
(B) Release or subordination will be in the best interest of the state and the taxpayer.
(C) Release or subordination will be in the best interest of the state and another person that is not the taxpayer but that holds an interest with the taxpayer in the property that is subject to the lien.
(2)The amendments added to this subdivision do not constitute a change in, and are declaratory of, existing law.
Amended by Stats. 1989, Ch. 654, Sec. 6.
For the purposes of this part only, the board shall not revoke or suspend a person’s permit pursuant to Section 6070 or 6072 unless the board has mailed a notice preliminary to revocation or suspension which indicates that the person’s permit will be revoked or suspended by a date certain pursuant to that section. The board shall mail the notice preliminary to revocation or suspension to the taxpayer at least 60 days before the date certain.
Added by Stats. 1988, Ch. 1574, Sec. 1.
(a)If any officer or employee of the board recklessly disregards board-published procedures, a taxpayer aggrieved by that action or omission may bring an action for damages against the State of California in superior court.
(b)In any action brought under subdivision (a), upon a finding of liability on the part of the State of California, the state shall be liable to the plaintiff in an amount equal to the sum of all of the following:
(1)Actual and direct monetary damages sustained by the plaintiff as a
result of the actions or omissions.
(2)Reasonable litigation costs, as defined for purposes of Section 7156.
(c)In the awarding of damages under subdivision (b), the court shall take into consideration the negligence or omissions, if any, on the part of the plaintiff which contributed to the damages.
(d)Whenever it appears to the court that the taxpayer’s position in the proceedings brought under subdivision (a) is frivolous, the court may impose a penalty against the plaintiff in an amount not to exceed ten thousand dollars ($10,000). A penalty so imposed shall be paid upon notice and demand from the board and shall be collected as a tax imposed under this part.
Added by Stats. 2009, Ch. 411, Sec. 1. (AB 129) Effective October 11, 2009.
(a)(1) With respect to tax advice, the protections of confidentiality that apply to a communication between a client and an attorney, as set forth in Article 3 (commencing with Section 950) of Chapter 4 of Division 8 of the Evidence Code, also shall apply to a communication between a taxpayer and any federally authorized tax practitioner to the extent the communication would be considered a privileged communication if it were between a
client and an attorney. A federally authorized tax practitioner has the legal obligation and duty to maintain confidentiality with respect to such communication.
(2)Paragraph (1) may only be asserted in any noncriminal tax matter before the State Board of Equalization.
(3)For purposes of this section:
(A)“Federally authorized tax practitioner” means any individual who is authorized under federal law to practice before the Internal Revenue Service if the practice is subject to federal regulation under Section 330 of Title 31 of the United States Code, as provided by federal law as of January 1, 2000.
(B)“Tax advice” means advice given by an individual with respect to a state tax matter, which may include federal tax advice if it relates to the state
tax matter. For purposes of this subparagraph, “federal tax advice” means advice given by an individual within the scope of his or her authority to practice before the federal Internal Revenue Service on noncriminal tax matters.
(C)“Tax shelter” means a partnership or other entity, any investment plan or arrangement, or any other plan or arrangement if a significant purpose of that partnership, entity, plan, or arrangement is the avoidance or evasion of federal income tax.
(b)The privilege under subdivision (a) shall not apply to any written communication between a federally authorized tax practitioner and a director, shareholder, officer, or employee, agent, or representative of a corporation in connection with the promotion of the direct or indirect participation of the corporation in any tax shelter, or in any proceeding to revoke or otherwise discipline any license or right
to practice by any governmental agency.
(c)This section shall be operative for communications made on or after the effective date of the act adding this section.