Section 19041.5 Of Article 3. Deficiency Assessments From California Revenue And Taxation Code >> Division 2. >> Part 10.2. >> Chapter 4. >> Article 3.
19041.5
. (a) Notwithstanding any other provision of this part, Part
10 (commencing with Section 17001), or Part 11 (commencing with
Section 23001), the provisions of Section 6603 of the Internal
Revenue Code, relating to deposits made to suspend the running of
interest on potential underpayments, shall apply, except as otherwise
provided. A deposit shall not be considered a payment of tax for
purposes of filing a claim for refund pursuant to Section 19306,
converting an administrative action to an action on a claim pursuant
to Section 19335, or filing an action pursuant to Section 19384,
until either of the following occurs:
(1) The taxpayer provides a written statement to the Franchise Tax
Board specifying that the deposit shall be a payment of tax for
purposes of Section 19306, 19335, or 19384.
(2) The deposit is used to pay a final tax liability.
(b) Section 6603(d) of the Internal Revenue Code is modified to
substitute the phrase "notice of proposed deficiency assessment under
Article 3 of Chapter 4 of this part" for "30-day letter" in each
place that the phrase "30-day letter" appears.
(c) In the case of any amount held by the Franchise Tax Board as a
deposit in the nature of a cash bond pursuant to the provisions of
this section prior to the amendments made by the act adding this
subdivision, the date that the taxpayer identifies that amount as a
deposit made pursuant to this section, as amended by the act adding
this subdivision, shall be treated as the date that the amount is
deposited for purposes of this section, as amended by the act adding
this subdivision.