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Section 21018 Of Part 10.7. Taxpayers' Bill Of Rights From California Revenue And Taxation Code >> Division 2. >> Part 10.7.
21018
. (a) A person may file a claim with the board for
reimbursement of charges or fees imposed on the person by an
unrelated business entity as the direct result of an erroneous levy,
erroneous processing action, or erroneous collection action by the
board. Charges that may be reimbursed include an unrelated business
entity's usual and customary charge for complying with the levy
instructions and reasonable charges for overdrafts that are a direct
consequence of the erroneous levy, erroneous processing action, or
erroneous collection action and are paid by the person and not waived
by the unrelated business entity or otherwise reimbursed. Each
claimant applying for reimbursement shall file a claim with the board
which shall be in such form as may be prescribed by the board. In
order for the board to grant a claim, the board shall determine that
all of the following conditions have been satisfied:
(1) The erroneous levy, erroneous processing action, or erroneous collection action was caused by an error made by the board.
(2) Prior to the erroneous levy, erroneous processing action, or erroneous collection action, the person responded to all contacts by the board and provided the board with any requested information or documentation sufficient to establish the person's position. This provision may be waived by the board for reasonable cause.
(3) The charge or fee has not been waived by the unrelated business entity or otherwise reimbursed.
(b) Claims pursuant to this section shall be filed within 90 days from the date of the erroneous levy, erroneous processing action, or erroneous collection action. Within 30 days from the date the claim is received, the board shall respond to the claim. If the board denies a claim, the claimant shall be notified in writing of the reason or reasons for the denial of the claim. The board may extend the period for filing a claim under this section.
(c) Charges and fees that may be reimbursed under the authority of this section are limited to the usual and customary charges and fees imposed by a business entity in the ordinary course of business.
(1) The erroneous levy, erroneous processing action, or erroneous collection action was caused by an error made by the board.
(2) Prior to the erroneous levy, erroneous processing action, or erroneous collection action, the person responded to all contacts by the board and provided the board with any requested information or documentation sufficient to establish the person's position. This provision may be waived by the board for reasonable cause.
(3) The charge or fee has not been waived by the unrelated business entity or otherwise reimbursed.
(b) Claims pursuant to this section shall be filed within 90 days from the date of the erroneous levy, erroneous processing action, or erroneous collection action. Within 30 days from the date the claim is received, the board shall respond to the claim. If the board denies a claim, the claimant shall be notified in writing of the reason or reasons for the denial of the claim. The board may extend the period for filing a claim under this section.
(c) Charges and fees that may be reimbursed under the authority of this section are limited to the usual and customary charges and fees imposed by a business entity in the ordinary course of business.
