Section 18416.5 Of Article 2. Continuity With Prior Law From California Revenue And Taxation Code >> Division 2. >> Part 10.2. >> Chapter 1. >> Article 2.
18416.5
. (a) The Franchise Tax Board may, by regulation, implement
an alternative communication method that would allow the Franchise
Tax Board, at the request of the taxpayer or the taxpayer's
authorized representative, to provide notification to the taxpayer in
a preferred electronic communication method designated by the
taxpayer that a notice, statement, bill, or other communication
required or authorized under Part 10 (commencing with Section 17001),
this part, or Part 11 (commencing with Section 23001) is available
for viewing in the taxpayer's limited access secure folder on the
Franchise Tax Board's Internet Web site and would allow the taxpayer
or the taxpayer's authorized representative to file a protest,
notification, and other communication to the Franchise Tax Board in a
secure manner. Prior to obtaining the consent of a taxpayer to
participate in the alternative communication method authorized by
this section, the Franchise Tax Board shall advise the taxpayer or
the taxpayer's authorized representative of the ramifications of
electing to receive notifications from the Franchise Tax Board in the
manner selected and of failing to take appropriate action in
response to one or more of those notifications.
(b) Sending electronic notification to a taxpayer or the taxpayer'
s authorized representative pursuant to the taxpayer's request made
in accordance with regulations authorized under subdivision (a) shall
not be considered a violation of Section 19542 or 19542.1. Any
electronic notification provided to a taxpayer using the alternative
communication method authorized by this section shall include plain
language advising the taxpayer that a failure to act may cause the
taxpayer to forego procedural or administrative rights to challenge
the proposed action.
(c) This section shall cease to be operative with respect to a
notice, statement, bill, protest, or other communication between the
Franchise Tax Board and a taxpayer on or after January 1, 2018, and
is, as of that date, repealed. The repeal of this section shall not
be interpreted or applied to invalidate any notice, statement, bill,
protest, or other communication between the Franchise Tax Board and a
taxpayer prior to that date using the alternative communication
method authorized by this section prior to its repeal.
(d) Notwithstanding any other law regarding the use of United
States mail, any notice, statement, bill, protest, and other
communication from the Franchise Tax Board to a taxpayer or the
taxpayer's authorized representative and from a taxpayer or the
taxpayer's authorized representative to the Franchise Tax Board
pursuant to the alternative communication method authorized by this
section shall be treated as if it were mailed by United States mail,
postage prepaid.