Laws, Regulations & Annotations

Search

Business Taxes Law Guide – Revision 2019
 

Local Prepaid Mobile Telephony Services Collection Act

Section 42106


42106. Transmittal of offset portion of refund to city, county, or city and county. (a) For purposes of this section:

(1) "Quarterly local charges" means the total amount of local charges transmitted by the board to a city, county, or city and county for a calendar quarter.

(2) "Refund" means the amount of local charges deducted by the board from a city's, county's, or city and county's quarterly local charges in order to pay the city's, county's, or city and county's share of a local charge refund due to one taxpayer.

(3) "Offset portion" means that portion of the refund which exceeds the greater of fifty thousand dollars ($50,000) or 20 percent of the city's, county's, or city and county's quarterly local charges.

(b) Except as provided in subdivision (c), if the board has deducted a refund from a city's, county's, or city and county's quarterly local charges which includes an offset portion, then the following provisions apply:

(1) Within three months after the board has deducted an offset portion, the city, county, or city and county may request the board to transmit the offset portion to the city, county, or city and county.

(2) As promptly as feasible after the board receives the city's, county's, or city and county's request, the board shall transmit to the city, county, or city and county the offset portion as part of the Board's periodic transmittal of local charges.

(3) The board shall thereafter deduct a pro rata share of the offset portion from future transmittals of local charges to the city, county, or city and county over a period to be determined by the board, but not less than two calendar quarters and not more than eight calendar quarters, until the entire amount of the offset portion has been deducted.

(c) The board shall not transmit the offset portion of the refund to the city, county, or city and county if that transmittal would reduce or delay either the Board's payment of the refund to the taxpayer or the Board's periodic transmittals of local charges to other cities, counties, or city and county.

History.—Added by Stats. 2014, Ch. 885 (AB 1717), in effect September 30, 2014.