AB 1277

  • California Assembly Bill
  • 2015-2016 Regular Session
  • Introduced in Assembly Feb 27, 2015
  • Passed Assembly May 22, 2015
  • Passed Senate Aug 24, 2015
  • Signed by Governor Oct 11, 2015

Tax administration: Taxpayers' Rights Advocate: levy or notice to withhold: return of funds.

Abstract

Under the Sales and Use Tax Law, the Use Fuel Tax Law, the Alcoholic Beverage Tax Law, the Energy Resources Surcharge Law, the Emergency Telephone Users Surcharge Act, the Hazardous Substances Tax Law, the Integrated Waste Management Fee Law, the Oil Spill Response, Prevention, and Administration Fees Law, the Underground Storage Tank Maintenance Fee Law, and the Diesel Fuel Tax Law, the Taxpayers' Rights Advocate is authorized to order, within 90 days of the receipt of funds pursuant to a levy or notice to withhold, the return of any amount not exceeding $1,500, upon a finding that the levy or notice to withhold threatens the health or welfare of the taxpayer, or his or her spouse and dependents or family. Under those laws, if the State Board of Equalization believes that the collection of any amount of tax imposed by those laws will be jeopardized by delay, the board is required to make a determination of the amount of tax, which is immediately due and payable. This bill would increase, under each of those laws the amount the Taxpayers' Rights Advocate is authorized to order returned to a taxpayer to $2,300 in any monthly period, and would authorize this amount to be adjusted for inflation, as provided. This bill would also authorize the Taxpayers' Rights Advocate to order amounts returned in the case of a seizure of property as a result of a jeopardy determination, as specified. Under the Cigarette and Tobacco Products Law and the Fee Collection Procedures Law, the Taxpayers' Rights Advocate is authorized to order the release of a levy or notice to withhold upon his or her finding that the levy or notice to withhold threatens the health or welfare of the taxpayer, or his or her spouse and dependents or family. Under those laws, if the State Board of Equalization believes that the collection of any amount of tax imposed by those laws will be jeopardized by delay, the board is required to make a determination of the amount of tax, which is immediately due and payable. This bill would additionally authorize the Taxpayers' Rights Advocate to order, within 90 days of the receipt of funds pursuant to a levy or notice to withhold, the return of any amount not exceeding $2,300 in any monthly period, upon a finding that the levy or notice to withhold threatens the health or welfare of the taxpayer, or his or her spouse and dependents or family, and would authorize this amount to be adjusted for inflation, as provided. This bill would also authorize the Taxpayers' Rights Advocate to order amounts returned in the case of a seizure of property as a result of a jeopardy determination, as specified.

Bill Sponsors (2)

Votes


Actions


Oct 11, 2015

California State Legislature

Chaptered by Secretary of State - Chapter 789, Statutes of 2015.

California State Legislature

Approved by the Governor.

Sep 01, 2015

California State Legislature

Enrolled and presented to the Governor at 4 p.m.

Aug 25, 2015

Assembly

In Assembly. Ordered to Engrossing and Enrolling.

Aug 24, 2015

Senate

Read third time. Passed. Ordered to the Assembly. (Ayes 40. Noes 0. Page 2148.).

Jul 14, 2015

Senate

Read second time. Ordered to third reading.

Jul 13, 2015

Senate

From committee: Be placed on second reading file pursuant to Senate Rule 28.8.

Jul 06, 2015

Senate

In committee: Set, first hearing. Testimony taken. Further hearing to be set.

Jun 24, 2015

Senate

From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (June 24). Re-referred to Com. on APPR.

  • Referral-Committee
  • Committee-Passage-Favorable
  • Committee-Passage
Com. on APPR.

Jun 04, 2015

Senate

Referred to Com. on GOV. & F.

  • Referral-Committee
Com. on GOV. & F.

May 22, 2015

Assembly

Read third time. Passed. Ordered to the Senate. (Ayes 74. Noes 0. Page 1564.)

Senate

In Senate. Read first time. To Com. on RLS. for assignment.

May 14, 2015

Assembly

Read second time. Ordered to Consent Calendar.

May 13, 2015

Assembly

From committee: Do pass. To Consent Calendar. (Ayes 17. Noes 0.) (May 13).

Apr 30, 2015

Assembly

Re-referred to Com. on APPR.

  • Referral-Committee
Com. on APPR.

Apr 29, 2015

Assembly

Read second time and amended.

Apr 28, 2015

Assembly

From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (April 20).

Apr 06, 2015

Assembly

Re-referred to Com. on REV. & TAX.

  • Referral-Committee
Com. on REV. & TAX.

Mar 26, 2015

Assembly

Referred to Com. on REV. & TAX.

  • Referral-Committee
Com. on REV. & TAX.

Assembly

From committee chair, with author's amendments: Amend, and re-refer to Com. on REV. & TAX. Read second time and amended.

Mar 02, 2015

Assembly

Read first time.

Mar 01, 2015

Assembly

From printer. May be heard in committee March 31.

Feb 27, 2015

Assembly

Introduced. To print.

Bill Text

Bill Text Versions Format
AB1277 HTML
02/27/15 - Introduced PDF
03/26/15 - Amended Assembly PDF
04/29/15 - Amended Assembly PDF
08/27/15 - Enrolled PDF
10/11/15 - Chaptered PDF

Related Documents

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Sources

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