Section 11316 Of Article 4. Estimated And Escaped Assessments From California Revenue And Taxation Code >> Division 2. >> Part 6. >> Chapter 2. >> Article 4.
11316
. If the board makes an assessment pursuant to Section 11311,
11314, or 11315 due to the negligence of the taxpayer, a penalty of
10 percent of the value of the estimated or escape assessment shall
be added to the assessment. If the estimated or escape assessment is
due to a fraudulent or willful attempt to evade the tax, a penalty of
25 percent of the value of the estimated or escape assessment shall
be added to the assessment. A willful failure to file a report as
required by Article 2 (commencing with Section 11271) of this chapter
shall be deemed to be a willful attempt to evade the tax.
If the assessee establishes to the satisfaction of the board that
the failure to file an accurate property statement was due to
reasonable cause and occurred notwithstanding the exercise of
ordinary care and the absence of willful neglect, the board shall
order the penalty abated, provided the assessee has filed with the
board written application for abatement of the penalty within the
time prescribed by law for filing a petition for reassessment.