Section 19262 Of Article 4. Miscellaneous Provisions From California Revenue And Taxation Code >> Division 2. >> Part 10.2. >> Chapter 5. >> Article 4.
19262
. (a) At any time within which an action can be brought to
collect any delinquent amounts as provided in Article 2 (commencing
with Section 19371) of Chapter 6, the Franchise Tax Board may collect
the tax, together with penalties and interest, in the following
manner: The Franchise Tax Board shall seize any personal property
owned by the taxpayer against whom the tax is assessed, and
thereafter sell at public auction the property so seized, or a
sufficient portion thereof, to pay the tax due hereunder, together
with any interest, and any penalty or penalties imposed hereby for
that delinquency, and any and all costs that may have been incurred
on account of the seizure and sale. Notice of the intended sale and
the time and place thereof, shall be given to the delinquent taxpayer
and to all persons appearing of record to have an interest in the
property, in writing, at least 10 days before the date set for the
sale by enclosing the notice in an envelope addressed to the taxpayer
at its last known place of business in this state if any, and, in
the case of any person appearing of record to have an interest in the
property, addressed to that person at the last known place of
residence, if any, and depositing the same in the United States mail,
postage prepaid, and by publication for at least 10 days before the
date set for the sale in a newspaper of general circulation published
in the county in which the property seized is to be sold; provided,
however, that if there be no newspaper of general circulation in that
county then by the posting of the notice in three public places in
the county for the 10-day period. The notice shall contain a
description of the property to be sold, together with a statement of
the amount of the taxes, interest, penalties, and costs, the name of
the taxpayer, and the further statement that, unless the taxes,
interest, penalties, and costs are paid on or before the time fixed
in the notice for the sale, the property, or so much thereof as may
be necessary, will be sold in accordance with law and the notice.
(b) For purposes of this section, the term tax shall include any
liability imposed pursuant to Article 7 (commencing with Section
19131) of Chapter 4, and any interest imposed thereon.