Penalties and Additions to Tax
Cal. RTC § 19136
California Statutes
(
a) Section of the Internal Revenue Code, relating to failure by an individual to pay estimated income tax, applies, except as otherwise provided. (
b) Section 6654(a)(1) of the Internal Revenue Code is modified to refer to the rate determined under
Section in lieu of
Section of the Internal Revenue Code. (c)
(1) Section 6654(e)(1) of the Internal Revenue Code, relating to exceptions where the tax is a small amount, does not apply.
(2) An addition to tax shall not be imposed under this
section if the tax imposed under
Section or and the tax imposed under
Section for the preceding taxable year, minus the sum of any credits against the tax provided by
Part 10 (commencing with
Section 17001) or this part, or the tax computed under
Section or upon the estimated income for the taxable year, minus the sum of any credits against the tax provided by
Part 10 (commencing with
Section 17001) or this part, is less than five hundred dollars ($500), except in the case of a separate return filed by a married person the amount shall be less than two hundred fifty dollars ($250). (
d) Section 6654(
f) of the Internal Revenue Code does not apply and for purposes of this
section the term “tax” means the tax imposed under
Section or and the tax imposed under
Section less any credits against the tax provided by
Part 10 (commencing with
Section 17001) or this part, other than the credit provided by subdivision (
a) of
Section 19002. (e)
(1) The credit for tax withheld on wages, as specified in
Section 6654(
g) of the Internal Revenue Code, is the credit allowed under subdivision (
a) of
Section 19002. (2) (
A) Section 6654(g)(1) of the Internal Revenue Code is modified by substituting the phrase “the applicable percentage” for the phrase “an equal part.” (
B) For purposes of this paragraph, “applicable percentage” means the percentage amount prescribed under
Section 6654(d)(1)(
A) of the Internal Revenue Code, as modified by subdivision (
a) of
Section 19136.1. (
f) This
section applies to a nonresident individual. (g)
(1) An addition to tax shall not be imposed under this
section to the extent that the underpayment was created or increased by either of the following: (
A) Any law that is chaptered during and operative for the taxable year of the underpayment. (
B) If, for a taxable year prior to its repeal, the adjustment factor for the credit authorized by
Section for the taxable year was less than the adjustment factor for that credit for the preceding taxable year. (2) (
A) Notwithstanding
Section 18415, subparagraph (
A) of paragraph (1) applies to penalties imposed under this
section on or after January 1, 2005. (
B) Notwithstanding
Section 18415, subparagraph (
B) of paragraph (1) applies to penalties imposed under this
section on or after January 1, 2016. (
h) The amendments made to this
section by
Section of
Chapter of the Statutes of apply to taxable years beginning on or after January 1, 2009. (
i) The amendments made to this
section by
Section of
Chapter of the Fourth Extraordinary Session of the Statutes of apply to amounts withheld on wages beginning on or after January 1, 2009. (
j) Notwithstanding subdivision (f), this
section shall not apply to a nonresident individual electing to file in a group return pursuant to