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Business Taxes Law Guide—Revision 2024
Alcoholic Beverage Tax Law
Revenue and Taxation Code
Division 2. Other Taxes
Part 14. Alcoholic Beverage Tax
Chapter 8. Overpayments and Refunds
Article 4. Cancellations
Section 32440
32440. Cancellation of determination. If any amount has been illegally determined, either by the person filing the return or by the board, the board shall certify the amount determined to be in excess of the amount legally due and the person against whom the determination was made, and shall authorize the cancellation of the amount upon the records of the board. Any cancellation by the board pursuant to this section with respect to an amount in excess of fifty thousand dollars ($50,000) shall be available as a public record for at least 10 days after the effective date of that determination.
History—Stats. 1961, p. 1252, in effect September 15, 1961, added the provision for cancellation by the board of illegally determined amounts of $100 or less without the approval of the State Board of Control. Stats. 1963, p. 3114, in effect September 20, 1963, substituted "two hundred fifty dollars ($250) " for "one hundred dollars ($100) " in the first and last sentences. Stats. 1965, p. 2058, in effect September 17, 1965, substituted "one thousand dollars ($1,000) " for "two hundred fifty dollars ($250) " in the first and last sentences. Stats. 1977, Ch. 921, operative January 1, 1978, substituted "five thousand dollars ($5,000)" for "one thousand dollars ($1,000)". Stats. 1985, Ch. 591, effective January 1, 1986, substituted "fifteen thousand dollars ($15,000)" for "five thousand dollars ($5,000)" after "in excess of" and "fifteen thousand dollars ($15,000)" for "five thousand dollars ($5,000)" after "not exceeding." Stats. 1988, Ch. 1029, in effect January 1, 1989, substituted "fifty thousand dollars ($50,000)" for "fifteen thousand dollars ($15,000)" before "has been illegally determined" in the first and last sentences. Stats. 1994, Ch. 726, in effect September 22, 1994, deleted "in excess of fifty thousand dollars ($50,000)" after "If any amount"; deleted "to the State Board of Control" after "board shall certify"; deleted ". If the State Board of Control approves, it" after "determination was made"; and substituted "Any proposed determination … of that determination." for "If an amount not exceeding fifty thousand dollars ($50,000) has been illegally determined, either by the person filing a return or by the board, the board without certifying this fact to the State Board of Control shall authorize the cancellation of the amount upon the records of the board." Amended by Stats. 2023, ch. 511 (SB 889), effective January 1, 2024, deleted "proposed" after "Any" and substituted "after" for "prior to" after "at least 10 days" in the second sentence.