Section 11597 Of Article 3. Cancellations From California Revenue And Taxation Code >> Division 2. >> Part 6. >> Chapter 5. >> Article 3.
11597
. (a) Any penalty provided for in Section 11341, 11354, 11405,
or 11430 may be canceled by the board upon a finding that (1) the
failure to make a timely payment is due to reasonable cause and
circumstances beyond the taxpayer's control, and occurred
notwithstanding the exercise of ordinary care and the absence of
willful neglect, provided the principal payment is made within 30
days after the delinquency date, or (2) there was an inadvertent
error in the amount of payment made by the taxpayer, provided the
principal payment for the proper amount of tax due is made within 10
days after the notice of shortage is mailed by the board.
(b) Except as provided in subdivision (c), any taxpayer seeking
cancellation of the penalty shall file with the board a petition for
cancellation or refund within 20 days of payment of the principal
amount of the tax or within 20 days after the board mails notice of
the entry of the penalty, whichever date is later. The petition shall
be accompanied by a statement under penalty of perjury setting forth
the facts upon which the claim for relief is based.
(c) The board shall establish criteria that provides for efficient
resolution of requests for relief pursuant to this section.