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Article 3. Warrant For Collection Of Tax of California Revenue And Taxation Code >> Division 2. >> Part 10.2. >> Chapter 5. >> Article 3.
The Franchise Tax Board or its authorized representative may
issue a warrant for the collection of any tax, interest, or penalty
and for the enforcement of any lien.
The warrant shall be directed to any sheriff, marshal, or
the Department of the California Highway Patrol and shall have the
same force and effect as a writ of execution. The warrant shall be
levied and sale made pursuant to it in the same manner and with the
same force and effect as a levy of and sale pursuant to a writ of
execution.
The Franchise Tax Board shall pay or advance to the sheriff,
marshal, or the Department of the California Highway Patrol the same
fees, commissions, and expenses as are provided by law for similar
services pursuant to a writ of execution. The Franchise Tax Board,
and not the court, shall approve the fees for publication in a
newspaper.
The fees, commissions, and expenses are an obligation of the
taxpayer and may be collected from the taxpayer by virtue of the
warrant or in any other manner provided in this part for the
collection of a tax.
Whenever property is levied upon by warrant pursuant to
Section 19231, the reasonable costs associated with the sale of that
property, including, but not limited to, appraisers' fees,
auctioneers' fees, and advertising fees are an obligation of the
taxpayer and may be collected from the taxpayer by virtue of the
warrant or in any other manner provided in this part for the
collection of tax.
For purposes of issuing a warrant pursuant to this article:
(a) (1) No levy may be issued on any property or right to property to be sold in accordance with the Code of Civil Procedure until a thorough investigation of the status of the property has been completed by the Franchise Tax Board.
(2) For purposes of paragraph (1), an investigation of the status of any property shall include all of the following:
(A) A verification of the taxpayer's liability.
(B) The completion of an analysis to determine whether the expense of the sale process to the state exceeds the liability for which the levy would be issued.
(C) The determination that the equity in the property is sufficient to yield net proceeds from the sale of the property to apply to the liability.
(D) A thorough consideration of alternative collection methods.
(b) If the amount of the levy does not exceed five thousand dollars ($5,000), no levy may be issued on either of the following:
(1) Any real property used as a residence by the taxpayer.
(2) Any real property of the taxpayer (other than real property which is rented) used by any other individual as a residence.
(c) Notwithstanding the investigation required under subdivision (a):
(1) The principal residence of the taxpayer may not be sold except in accordance with Article 4 (commencing with Section 704.710) of Chapter 4 of Division 2 of Title 9 of the Code of Civil Procedure, which requires a court order for sale.
(2) Tangible personal property or real property (other than real property which is rented or a principal residence) used in the trade or business of an individual taxpayer may not be levied unless:
(A) The levy is approved in writing by the assistant executive officer for collection (or delegate), or
(B) The Franchise Tax Board finds that collection of tax is in jeopardy. The officer, or delegate, may not approve a levy under subparagraph (A) unless the officer determines that the taxpayer's other assets subject to collection are insufficient to pay the amount due, together with expenses of the proceedings.
(d) This section shall be operative for any warrant issued on or after the effective date of the act adding this section.
(a) (1) No levy may be issued on any property or right to property to be sold in accordance with the Code of Civil Procedure until a thorough investigation of the status of the property has been completed by the Franchise Tax Board.
(2) For purposes of paragraph (1), an investigation of the status of any property shall include all of the following:
(A) A verification of the taxpayer's liability.
(B) The completion of an analysis to determine whether the expense of the sale process to the state exceeds the liability for which the levy would be issued.
(C) The determination that the equity in the property is sufficient to yield net proceeds from the sale of the property to apply to the liability.
(D) A thorough consideration of alternative collection methods.
(b) If the amount of the levy does not exceed five thousand dollars ($5,000), no levy may be issued on either of the following:
(1) Any real property used as a residence by the taxpayer.
(2) Any real property of the taxpayer (other than real property which is rented) used by any other individual as a residence.
(c) Notwithstanding the investigation required under subdivision (a):
(1) The principal residence of the taxpayer may not be sold except in accordance with Article 4 (commencing with Section 704.710) of Chapter 4 of Division 2 of Title 9 of the Code of Civil Procedure, which requires a court order for sale.
(2) Tangible personal property or real property (other than real property which is rented or a principal residence) used in the trade or business of an individual taxpayer may not be levied unless:
(A) The levy is approved in writing by the assistant executive officer for collection (or delegate), or
(B) The Franchise Tax Board finds that collection of tax is in jeopardy. The officer, or delegate, may not approve a levy under subparagraph (A) unless the officer determines that the taxpayer's other assets subject to collection are insufficient to pay the amount due, together with expenses of the proceedings.
(d) This section shall be operative for any warrant issued on or after the effective date of the act adding this section.
