Section 32407 Of Article 1. Claim For Refund From California Revenue And Taxation Code >> Division 2. >> Part 14. >> Chapter 8. >> Article 1.
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. (a) The State Board of Equalization shall refund without
interest to the licensee the amount of the tax imposed under this
part with respect to the alcoholic beverages and which has been paid
by the licensee as part of his purchase price of the alcoholic
beverages, when such beverages were lost, rendered unmarketable, or
condemned by a duly authorized official by reason of:
(1) Fire, flood, casualty, or other disaster, or
(2) Breakage, destruction, or other damage (but not including
theft) resulting from vandalism, malicious mischief, or insurrection
if such disaster or damage occurred in this state and if such
beverages were held and intended for sale at the time of such
disaster or other damage. The payments provided for in this section
shall be made to the person holding such beverages for sale at the
time of such disaster or other damage.
(b) The State Board of Equalization may approve claims for refunds
without interest under this section upon proof satisfactory to it
that the alcoholic beverages were destroyed or damaged so that they
could not be sold and that the licensee has not otherwise been
compensated for the loss in the amount of the tax included in the
purchase price paid for the alcoholic beverages. A claim for refund
under this section shall be in such form and accompanied by such
proof as the State Board of Equalization may require.
(c) No claim shall be allowed under this section unless such claim
is filed within six months after the date on which such beverages
were lost, rendered unmarketable, or condemned by a duly authorized
official.
(d) No claim of less than two hundred fifty dollars ($250) shall
be allowed under this section with respect to any disaster or other
damage.