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Business Taxes Law Guide – Revision 2022
Timber Yield Tax Law
Revenue and Taxation Code
Division 2. Other Taxes
Part 18.5. Timber Yield Tax
Chapter 5. Determinations
Article 6. Interest and Penalties
Section 38452
38452. Excusable delay. (a) If the board finds that a person's failure to make a timely return or payment is due to reasonable cause and circumstances beyond the person's control, and occurred notwithstanding the exercise of ordinary care and the absence of willful neglect, the person may be relieved of the penalty provided by Sections 38421 and 38451.
(b) Except as provided in subdivision (c), any person seeking to be relieved of the penalty shall file with the board a statement under penalty of perjury setting forth the facts upon which he or she bases his or her claim for relief.
(c) The board shall establish criteria that provides for efficient resolution of requests for relief pursuant to this section.
History—Stats. 2000, Ch. 1052 (AB 2898), in effect January 1, 2001, designated the former first paragraph as subdivision (a); designated the former second paragraph as subdivision (b) and added "Except as provided in subdivision (c)," before "any person" and substituted "he or she bases his or her" for "he bases his" after "upon which" in the first sentence therein; and added subdivision (c).