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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 7. Overpayments and Refunds
Article 4. Cancellations
Section 38631
38631. Cancellation of determinations. If any amount has been illegally determined either by the person filing the return or by the department, the department shall set forth that fact in its records, certify the amount determined to be in excess of the amount legally due and the person against whom the determination was made, and authorize the cancellation of the amount upon the records of the department. Any determination by the department 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. 1981, Ch. 947, in effect January 1, 1982, substituted "five thousand dollars ($5,000)" for "one thousand dollars ($1,000)" after "excess of" in the first sentence and after "exceeding" in the third sentence. Stats. 1985, Ch. 591, effective January 1, 1986, substituted "fifteen thousand dollars ($15,000)" for "five thousand dollars ($5,000)" in first and third sentences. Stats. 1988, Ch. 1029, in effect January 1, 1989, substituted "fifty" for "fifteen" and substituted "50,000" for "15,000" in the first and third sentences. Stats. 1994, Ch. 726, in effect September 22, 1994, added commas after "records" and "was made"; substituted ", certify" for "and certify to the State Board of Control" after "in its records", substituted ", and" for ". If the State Board of Control approves, it shall" after "determination was made" in the first sentence; deleted former third sentence which read, "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." and added new third sentence. Stats. 1999, Ch. 941 (SB 1231), in effect January 1, 2000, deleted "in excess of fifty thousand dollars ($50,000)" after "If any amount" in the first sentence. Stats. 2022, Ch. 474 (SB 1496), in effect January 1, 2023, substituted "department" for "board" throughout the section; deleted "proposed" before "determination" and substituted "after" for "prior to" before "the effective" in the second sentence of the paragraph.