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Business Taxes Law Guide—Revision 2024
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 38453
38453. Excusable delay due to disaster. (a) If the department finds that a person’s failure to make a timely return or payment was due to a disaster, and occurred notwithstanding the exercise of ordinary care and the absence of willful neglect, the person may be relieved of the interest provided by Sections 38405, 38423, and 38451.
(b) Except as provided in subdivision (c), a person seeking to be relieved of the interest shall file with the department a statement under penalty of perjury setting forth the facts upon which the person bases the claim for relief.
(c) (1) Subject to paragraph (2), the department may grant relief of the interest for any person in an area identified in a state of emergency proclamation made by the Governor for the period the state of emergency proclamation is effective, regardless of whether the person has filed a statement with the department pursuant to subdivision (b).
(2) The department may grant the relief in paragraph (1) only during the first 12 months following the issuance of the state of emergency proclamation or the duration of the state of emergency, whichever is less.
History—Added by Stats. 1981, Ch. 947, in effect January 1, 1982. Stats. 2022, Ch. 474, (SB 1496), in effect January 1, 2023, substituted "department" for "board" throughout the section; substituted "Except as provided in subdivision (c), a" for "Any" before "person", substituted "the person" for "he" before "bases", and "the" for "his" before "claim" in subdivision (b); added subdivision (c).