Section 30211 Of Article 2.5. Payment By Unlicensed Persons From California Revenue And Taxation Code >> Division 2. >> Part 13. >> Chapter 4. >> Article 2.5.
30211
. The board shall forthwith ascertain as best it may the
amount of the cigarettes or tobacco products distributed and shall
determine immediately the tax on that amount, adding to the tax a
penalty of 25 percent of the amount of tax or five hundred dollars
($500), whichever is greater, and shall give the unlicensed person
notice of that determination per Section 30244 of the Cigarette and
Tobacco Products Tax Law. However, where the board determines that
the failure to secure a license was due to reasonable cause, the
penalty may be waived. Sections 30242 and 30243 shall be applicable
with respect to the finality of the determination and the right of
the unlicensed person to petition for a redetermination.
Any person seeking to be relieved of the penalty shall file with
the board a signed statement setting forth the facts upon which he or
she bases the claim for relief. Any person who signs a statement
pursuant to this section that asserts the truth of any material
matter that he or she knows to be false is guilty of a misdemeanor
punishable by imprisonment of up to one year in the county jail, or a
fine of not more than one thousand dollars ($1,000), or both the
imprisonment and the fine.