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Article 5. Jeopardy Determinations of California Revenue And Taxation Code >> Division 2. >> Part 14. >> Chapter 6. >> Article 5.
If the board believes that the collection of any amount of
tax will be jeopardized by delay, it shall thereupon make a
determination of the amount of tax due, noting that fact upon the
determination, and the amount of tax shall be immediately due and
payable. If the amount of the tax, interest, and penalty specified in
the jeopardy determination is not paid, or a petition for
redetermination is not filed, within 10 days after the service upon
the taxpayer of notice of the determination, the determination
becomes final, and the delinquency penalty and interest provided in
Section 32252 shall attach to the amount of tax specified therein.
The taxpayer against whom a jeopardy determination is made
may file a petition for the redetermination thereof, pursuant to
Article 4 of this chapter, with the board within 10 days after the
service upon him of notice of the determination, but he shall within
the 10-day period deposit with the board such security as it deems
necessary to insure compliance with the provisions of this part. The
security may be sold by the board at public sale if it becomes
necessary in order to recover any amount due under this part. Notice
of the sale may be served upon the person who deposited the security
personally or by mail in the same manner as prescribed for service of
notice by Section 32271. Upon any such sale, the surplus, if any,
above the amount due under this division shall be returned to the
person who deposited the security.
In accordance with such rules and regulations as the board
may prescribe, the person against whom a jeopardy determination is
made may apply for an administrative hearing for one or more of the
following purposes:
(a) To establish that the determination is excessive; or
(b) To establish that the sale of property that may be seized after issuance of the jeopardy determination or any part thereof shall be delayed pending the administrative hearing because the sale would result in irreparable injury to the person; or
(c) To request the release of all or a part of the property to the person; or
(d) To request a stay of collection activities. The application shall be filed within 30 days after service of the notice of jeopardy determination and shall be in writing and state the specific factual and legal grounds upon which it is founded. No security need be posted to file the application and to obtain this hearing. However, if the person does not deposit within the 10-day period prescribed in Section 32312, such security as the board may deem necessary to ensure compliance with this part, the filing of the application shall not operate as a stay of collection activities, except sale of property seized after issuance of the jeopardy determination. Upon a showing of good cause for failure to file a timely application for administrative hearing, the board may allow a filing of the application and grant the person an administrative hearing. The filing of an application pursuant to this section shall not affect provisions of Section 32311 relating to the finality date of the determination or to penalty or interest.
(a) To establish that the determination is excessive; or
(b) To establish that the sale of property that may be seized after issuance of the jeopardy determination or any part thereof shall be delayed pending the administrative hearing because the sale would result in irreparable injury to the person; or
(c) To request the release of all or a part of the property to the person; or
(d) To request a stay of collection activities. The application shall be filed within 30 days after service of the notice of jeopardy determination and shall be in writing and state the specific factual and legal grounds upon which it is founded. No security need be posted to file the application and to obtain this hearing. However, if the person does not deposit within the 10-day period prescribed in Section 32312, such security as the board may deem necessary to ensure compliance with this part, the filing of the application shall not operate as a stay of collection activities, except sale of property seized after issuance of the jeopardy determination. Upon a showing of good cause for failure to file a timely application for administrative hearing, the board may allow a filing of the application and grant the person an administrative hearing. The filing of an application pursuant to this section shall not affect provisions of Section 32311 relating to the finality date of the determination or to penalty or interest.
