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Business Taxes Law Guide—Revision 2024
Emergency Telephone Users Surcharge Act
Revenue and Taxation Code
Division 2. Other Taxes
Part 20. Emergency Telephone Users Surcharge Act
Chapter 4. Determination of Surcharge.
Article 6. Interest and Penalties
Section 41095.5
41095.5. Interest; daily basis. [Repealed by Stats. 2016, Ch. 264 (AB 2201), in effect January 1, 2017.]
41095.5. Interest; daily basis. (a) If the department finds, taking into account all facts and circumstances, that it is inequitable to compute interest at the modified adjusted rate per month or fraction thereof, as defined in subdivision (b) of Section 6591.5, interest shall be computed at the modified adjusted daily rate from the date on which the surcharges were due until the date of payment, if all of the following occur:
(1) The payment of the surcharges was made one business day after the date the surcharges were due.
(2) The person was granted relief from all penalties that applied to that payment of the surcharges.
(3) The person files a request for a one-day adjustment.
(b) For purposes of this section, "modified adjusted daily rate" means the modified adjusted rate per annum as defined in subdivision (a) of Section 6591.5 determined on a daily basis by dividing the modified adjusted rate per annum by 365.
(c) For the purposes of this section, "department" means the California Department of Tax and Fee Administration.
(d) For purposes of this section, "business day" means any day other than a Saturday, Sunday, or any day designated as a state holiday.
(e) This section shall not apply to any payment made pursuant to a deficiency determination, or a determination where no return has been filed.
(f) This section shall only apply to electronic payments of surcharges.
History—Added by Stats. 2016, Ch. 264 (AB 2201), in effect January 1, 2017. Stats. 2021, Ch. 432 (SB 824), in effect January 1, 2022, substituted "department" for "board" after "If the" in subdivision (a); substituted "a one-day adjustment" for "an oral hearing before the board" after "request for" in paragraph (a)(3); added "the" before "purposes of", substituted ""department"" for ""board"" before "means the", and substituted "California Department of Tax and Fee Administration" for "members of the State Board of Equalization meeting as a public body" after "means the" in subdivision (c). Stats. 2022, Ch. 747 (AB 988), effective September 29, 2022, substituted "surcharges" for "surcharge" throughout; substituted "surcharges were" for "surcharge was" before "due until" in subdivision (a); and substituted "surcharges were" for "surcharge was" after "date the" in paragraph (1) of subdivision (a).
Note.—Sec. 1, Stats. 2010, Ch. 316 (SB 1028) provides the following: "It is the intent of the Legislature that California's penalty and interest provisions foster and maintain the current high level of compliance, provide appropriate costs and sanctions for noncompliance, and provide a reasonable and administrable degree of latitude for individual taxpayer circumstances and errors. It is the intent of the Legislature in enacting this act, that the State Board of Equalization strictly and narrowly apply its provisions on a case-by-case basis and only in special circumstances."