19551.5
. (a) Notwithstanding any other law, each city, county, or
city and county that assesses a city, county, or city and county
business tax or requires a city, county, or city and county business
license shall, upon the request of the Franchise Tax Board, annually
submit to the Franchise Tax Board the information that is collected
in the course of administration of the city, county, or city and
county's business tax or business license program, as described in
subdivision (b).
(b) Information, collected in the course of administration of the
city, county, or city and county's business tax or business license
program, shall be limited to the following:
(1) Name of the business, if the business is a corporation,
partnership, or limited liability company, or the owner's name if the
business is a sole proprietorship.
(2) Business mailing address.
(3) Federal employer identification number, if applicable, or the
business owner's social security number, if known.
(4) Standard Industrial Classification (SIC) Code or North
American Industry Classification System (NAICS) Code.
(5) Business start date.
(6) Business cease date.
(7) City, county, or city and county account or license number.
(8) Ownership type.
(c) The reports required under this section shall be filed on
magnetic media such as tapes or compact discs, through a secure
electronic process, or in other machine-readable form, according to
standards prescribed by regulations promulgated by the Franchise Tax
Board.
(d) Cities that receive a request from the Franchise Tax Board
shall begin providing to the Franchise Tax Board the information
required by this section as soon as economically feasible, but no
later than December 31, 2009. The information shall be furnished
annually at a time and in the form that the Franchise Tax Board may
prescribe by regulation.
(e) The city, county, or city and county data provided to the
Franchise Tax Board under this section is subject to Section 19542,
and may not be used for any purpose other than state tax enforcement
or as otherwise authorized by law.
(f) If a city, county, or city and county enters into a reciprocal
agreement with the Franchise Tax Board pursuant to subdivision (a)
of Section 19551.1, the city, county, or city and county shall also
waive reimbursement for costs incurred to provide information
required under this section and shall be precluded from obtaining
reimbursement as specified under Section 5 of Chapter 345 of the
Statutes of 2008. The reciprocal agreement shall specify that each
party shall bear its own costs to furnish the data involved in the
exchange authorized by Section 19551.1 and this section, and the
Franchise Tax Board shall be precluded from obtaining reimbursement
as specified under subdivision (c) of Section 19551.1.
(g) A city, county, or city and county shall not be required to
provide information to the Franchise Tax Board pursuant to this
section if the Franchise Tax Board fails to provide tax information
to the city, county, or city and county pursuant to a reciprocal
agreement entered into pursuant to subdivision (a) of Section 19551.1
for reasons other than concerns related to confidentiality of tax
information provided to the city, county, or city and county.
(h) This section shall remain in effect only until January 1,
2019, and as of that date, is repealed.