Payment by Electronic Funds Transfer

Cal. RTC § 30190

California Statutes

(

a) Any person whose estimated tax liability under this part averages twenty thousand dollars ($20,000) or more per month, as determined by the board pursuant to methods of calculation prescribed by the board, shall remit amounts due by an electronic funds transfer under procedures prescribed by the board. (

b) Any person whose estimated tax liability under this part averages less than twenty thousand dollars ($20,000) per month may elect to remit amounts due by electronic funds transfer with the approval of the board. (

c) Any person remitting amounts due pursuant to subdivision (

a) or (

b) shall perform electronic funds transfer in compliance with the due dates set forth in

Article 1 (commencing with

Section 30181). Payment is deemed complete on the date the electronic funds transfer is initiated, if settlement to the state’s demand account occurs on or before the banking day following the date the transfer is initiated. If settlement to the state’s demand account does not occur on or before the banking day following the date the transfer is initiated, payment is deemed to occur on the date settlement occurs. (

d) Any person remitting taxes by electronic funds transfer shall, on or before the due date of the remittance, file a return for the preceding reporting period in the form and manner prescribed by the board. Any person who fails to timely file the required return shall pay a penalty of percent of the amount of taxes with respect to the period for which the return is required. (

e) Any person required to remit taxes pursuant to this

article who remits those taxes by means other than appropriate electronic funds transfer shall pay a penalty of percent of the taxes incorrectly remitted. (

f) Any person who fails to pay any tax to the state or any amount of tax required to be collected and paid to the state, except amounts of determinations made by the board under

Article 3 (commencing with

Section 30173) or

Article 2 (commencing with

Section 30201) or

Article 3 (commencing with

Section 30221), within the time required shall pay a penalty of percent of the tax or amount of tax, in addition to the tax or amount of tax, plus interest at the modified adjusted rate per month, or fraction thereof, established pursuant to

Section 6591.5, from the date on which the tax became due and payable to the state until the date of payment. (

g) In determining whether a person’s estimated tax liability averages twenty thousand dollars ($20,000) or more per month, the board may consider tax returns filed pursuant to this part and any other information in the board’s possession. (

h) The penalties imposed by subdivisions (d), (e), and (

f) shall be limited to a maximum of percent of the taxes due for any one return. Any person remitting taxes by electronic funds transfer shall be subject to the penalties under this

section and not

Section 30281. (

i) The board shall promulgate regulations pursuant to

Chapter 3.5 (commencing with

Section 11340) of Part of Division of Title of the Government Code for purposes of implementing this section.

Document details

CollectionCalifornia Statutes
CitationCal. RTC § 30190
Date2005-10-04
Typestatute
Languageen
SourceCA_STAT
IdentifierRTC30190.200551910

Payment by Electronic Funds Transfer

Cal. RTC § 30190

California Statutes

Payment by Electronic Funds Transfer

Cal. RTC § 30190

California Statutes

(

a) Any person whose estimated tax liability under this part averages twenty thousand dollars ($20,000) or more per month, as determined by the board pursuant to methods of calculation prescribed by the board, shall remit amounts due by an electronic funds transfer under procedures prescribed by the board. (

b) Any person whose estimated tax liability under this part averages less than twenty thousand dollars ($20,000) per month may elect to remit amounts due by electronic funds transfer with the approval of the board. (

c) Any person remitting amounts due pursuant to subdivision (

a) or (

b) shall perform electronic funds transfer in compliance with the due dates set forth in

Article 1 (commencing with

Section 30181). Payment is deemed complete on the date the electronic funds transfer is initiated, if settlement to the state’s demand account occurs on or before the banking day following the date the transfer is initiated. If settlement to the state’s demand account does not occur on or before the banking day following the date the transfer is initiated, payment is deemed to occur on the date settlement occurs. (

d) Any person remitting taxes by electronic funds transfer shall, on or before the due date of the remittance, file a return for the preceding reporting period in the form and manner prescribed by the board. Any person who fails to timely file the required return shall pay a penalty of percent of the amount of taxes with respect to the period for which the return is required. (

e) Any person required to remit taxes pursuant to this

article who remits those taxes by means other than appropriate electronic funds transfer shall pay a penalty of percent of the taxes incorrectly remitted. (

f) Any person who fails to pay any tax to the state or any amount of tax required to be collected and paid to the state, except amounts of determinations made by the board under

Article 3 (commencing with

Section 30173) or

Article 2 (commencing with

Section 30201) or

Article 3 (commencing with

Section 30221), within the time required shall pay a penalty of percent of the tax or amount of tax, in addition to the tax or amount of tax, plus interest at the modified adjusted rate per month, or fraction thereof, established pursuant to

Section 6591.5, from the date on which the tax became due and payable to the state until the date of payment. (

g) In determining whether a person’s estimated tax liability averages twenty thousand dollars ($20,000) or more per month, the board may consider tax returns filed pursuant to this part and any other information in the board’s possession. (

h) The penalties imposed by subdivisions (d), (e), and (

f) shall be limited to a maximum of percent of the taxes due for any one return. Any person remitting taxes by electronic funds transfer shall be subject to the penalties under this

section and not

Section 30281. (

i) The board shall promulgate regulations pursuant to

Chapter 3.5 (commencing with

Section 11340) of Part of Division of Title of the Government Code for purposes of implementing this section.

Document details

CollectionCalifornia Statutes
CitationCal. RTC § 30190
Date2005-10-04
Typestatute
Languageen
SourceCA_STAT
IdentifierRTC30190.200551910