Section 18670.5 Of Article 5. Withholding From California Revenue And Taxation Code >> Division 2. >> Part 10.2. >> Chapter 2. >> Article 5.
18670.5
. (a) The Franchise Tax Board may by notice, served by
magnetic media, electronic transmission, or other electronic
technology, require any depository institution, as defined in Section
19 (b) of the Federal Reserve Act (12 U.S.C.A. Sec. 461(b)(1)(A)),
that the Franchise Tax Board, in its sole discretion, has reason to
believe may have in its possession, or under its control, any credits
or other personal property or other things of value, belonging to a
taxpayer, to withhold, from the credits or other personal property or
other things of value, the amount of any tax, interest, or penalties
due from the taxpayer and transmit that amount withheld to the
Franchise Tax Board at the times that it may designate, but not less
than 10 business days from receipt of the notice. The notice shall
state the amount due from the taxpayer and shall be delivered or
transmitted to the branch or office reported in the information
returns filed with the Franchise Tax Board, or the branch or office
where the credits or other property is held, or other address
designated by that depository institution for purposes of the
Franchise Tax Board serving notice by magnetic media, electronic
transmission, or other electronic technology.
(b) Any depository institution failing to withhold the amount due
from the taxpayer and to transmit that amount to the Franchise Tax
Board after the Franchise Tax Board provides notice to the depository
institution as authorized by subdivision (a) shall be liable for
those amounts only to the extent that the depository institution can
identify the account by magnetic media, electronic transmission, or
other electronic technology.
(c) For purposes of this section, the term "address" shall include
telephone or modem number, facsimile number, or any other number
designated by the depository institution to receive data by
electronic means.