Section 18153 Of Chapter 14. General Rules For Determining Capital Gains And Losses From California Revenue And Taxation Code >> Division 2. >> Part 10. >> Chapter 14.
18153
. (a) In the case of a taxpayer subject to tax under this
part:
(1) A penalty shall not be imposed with respect to the additional
tax of that taxpayer.
(2) Interest shall not accrue with respect to the additional tax
of that taxpayer due for the taxable year.
(3) In the case of a liability for additional tax of a taxpayer
under this part, notwithstanding any other eligibility requirements
contained in Section 19008, the Franchise Tax Board shall enter into
an agreement under Section 19008 to accept the full payment of the
additional tax in installments over a period not to exceed five
years.
(b) For purposes of subdivision (a), the term "additional tax"
means:
(1) The increase in tax for a taxable year beginning on or after
January 1, 2008, and before January 1, 2013, to the extent that the
increase is attributable to the amendments made to Section 18152.5 by
the act adding this section.
(2) If Section 18152.5, as amended by the act adding this section,
is for any reason held invalid, ineffective, or unconstitutional by
an appellate court of competent jurisdiction, the term "additional
tax" means the increase in tax for a taxable year beginning on or
after January 1, 2008, and before January 1, 2013, to the extent that
the increase is attributable to the implementation of the appellate
court holding invalidating Section 18152.5, as amended by the act
adding this section, coupled with the implementation of the decision
of the California Court of Appeal, Frank Cutler v. Franchise Tax
Board, (2012) 208 Cal.App.4th 1247, as announced in Franchise Tax
Board Notice 2012-03, dated December 21, 2012.
(c) This section shall remain in effect only until January 1,
2018, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2018, deletes or extends
that date.