Section 19083 Of Article 5. Jeopardy Assessments From California Revenue And Taxation Code >> Division 2. >> Part 10.2. >> Chapter 4. >> Article 5.
19083
. (a) A jeopardy assessment is immediately due and payable,
and proceedings for collection may be commenced at once.
(b) The collection of the whole or any amount of a jeopardy
assessment may be stayed, at any time before the assessment becomes
final, by filing with the Franchise Tax Board: (1) a bond in an
amount equal to the amount (together with interest thereon to the
date of payment) as to which the stay is desired, conditioned upon
the payment of the amount, the collection of which is stayed by the
bond, upon notice and demand by the Franchise Tax Board after the
assessment becomes final; or (2) other security in the amount as the
Franchise Tax Board may deem necessary, not exceeding double the
amount (together with interest thereon to the date of payment) as to
which the stay is desired.
(c) Upon the filing of the bond or other security the collection
of so much of the amount assessed as is covered by the bond or other
security shall be stayed. The taxpayer shall have the right to waive
the stay at any time in respect of the whole or any part of the
amount covered by the bond or other security, and if as a result of
the waiver any part of the amount covered by the bond or other
security is paid, then the bond or other security shall, at the
request of the taxpayer, be proportionately reduced. If any portion
of the jeopardy assessment is abated, the bond or other security
shall, at the request of the taxpayer, be proportionately reduced.
(d) The Franchise Tax Board, prior to the time the assessment
becomes final, may stay collection of the whole or any amount of a
jeopardy assessment if it finds that jeopardy does not exist.
(e) Where collection of the whole or any amount of a jeopardy
assessment has been stayed under this section, the period of
limitation on any action to collect shall be tolled during the time
of the stay.