Security for Fee

Cal. RTC § 46407

California Statutes

(

a) Notwithstanding

Article 7 (commencing with

Section 706.151) of

Chapter of Title of Part of the Code of Civil Procedure, if the board determines, upon receiving information from a fee payer or other person liable for any amount under this part, that the person’s employer withheld earnings for taxes pursuant to

Section and failed to remit the withheld earnings to the board, the employer shall be liable for the amount not remitted. The board’s determination shall be based on payroll documents or other substantiating evidence furnished by the person liable for the tax. (

b) Upon its determination, the board shall mail notice to the employer at its last known address that upon failure to remit the withheld earnings to the board within days of the date of its notice to the employer, the employer shall be liable for that amount which was withheld and not remitted. (

c) If the employer fails to remit the amount withheld to the board upon notice, that amount for which the employer is liable shall be determined, collected, and paid as though it were a tax deficiency. The amount may be assessed at any time prior to seven years from the first day that the unremitted amount, in the aggregate, was first withheld. Interest shall accrue on that amount from the first day that the unremitted amount, in the aggregate, was first withheld. (

d) When the determination against the employer is final and due and payable, the person’s account shall be immediately credited with an amount equal to that determined amount as though it were a payment received by the board on the first date that the unremitted amount, in the aggregate, was first withheld by the employer. (

e) Collection against the person liable for the tax is stayed for both the following amount and period:

(1) An amount equal to the amount determined by the board under subdivision (a).

(2) The earlier of the time the credit is applied to the person’s account pursuant to subdivision (

d) or the determination against the employer is withdrawn or revised and the person is notified by the board thereof. (

f) If under this

section an amount that was withheld and not remitted to the board is final and due and payable by the employer and credited to the person’s account, this remedy shall be the exclusive remedy for the person to recover that amount from the employer. (

g) This

section shall apply to determinations made by the board on or after the effective date of the act adding this section.

Document details

CollectionCalifornia Statutes
CitationCal. RTC § 46407
Date2001-01-01
Typestatute
Languageen
SourceCA_STAT
IdentifierRTC46407.2000105274

Security for Fee

Cal. RTC § 46407

California Statutes

Security for Fee

Cal. RTC § 46407

California Statutes

(

a) Notwithstanding

Article 7 (commencing with

Section 706.151) of

Chapter of Title of Part of the Code of Civil Procedure, if the board determines, upon receiving information from a fee payer or other person liable for any amount under this part, that the person’s employer withheld earnings for taxes pursuant to

Section and failed to remit the withheld earnings to the board, the employer shall be liable for the amount not remitted. The board’s determination shall be based on payroll documents or other substantiating evidence furnished by the person liable for the tax. (

b) Upon its determination, the board shall mail notice to the employer at its last known address that upon failure to remit the withheld earnings to the board within days of the date of its notice to the employer, the employer shall be liable for that amount which was withheld and not remitted. (

c) If the employer fails to remit the amount withheld to the board upon notice, that amount for which the employer is liable shall be determined, collected, and paid as though it were a tax deficiency. The amount may be assessed at any time prior to seven years from the first day that the unremitted amount, in the aggregate, was first withheld. Interest shall accrue on that amount from the first day that the unremitted amount, in the aggregate, was first withheld. (

d) When the determination against the employer is final and due and payable, the person’s account shall be immediately credited with an amount equal to that determined amount as though it were a payment received by the board on the first date that the unremitted amount, in the aggregate, was first withheld by the employer. (

e) Collection against the person liable for the tax is stayed for both the following amount and period:

(1) An amount equal to the amount determined by the board under subdivision (a).

(2) The earlier of the time the credit is applied to the person’s account pursuant to subdivision (

d) or the determination against the employer is withdrawn or revised and the person is notified by the board thereof. (

f) If under this

section an amount that was withheld and not remitted to the board is final and due and payable by the employer and credited to the person’s account, this remedy shall be the exclusive remedy for the person to recover that amount from the employer. (

g) This

section shall apply to determinations made by the board on or after the effective date of the act adding this section.

Document details

CollectionCalifornia Statutes
CitationCal. RTC § 46407
Date2001-01-01
Typestatute
Languageen
SourceCA_STAT
IdentifierRTC46407.2000105274