Section 43202 Of Article 2. Deficiency Determinations From California Revenue And Taxation Code >> Division 2. >> Part 22. >> Chapter 3. >> Article 2.
43202
. (a) Except in the case of fraud, intent to evade this part,
authorized rules and regulations, or failure to make a return, every
notice of a determination of an additional amount due shall be given
within three years after the date when the amount should have been
paid or the return was due, or within three years after the return
was filed, whichever period expires later. In the case of failure to
make a return, the notice of determination shall be mailed within
eight years after the date the report or return was due.
(b) The limitation specified in subdivision (a) shall not apply to
a liability for the fee imposed pursuant to Section 25205.5 of the
Health and Safety Code which is proposed to be determined with
respect to a taxpayer if a notice of determination for the fee
imposed pursuant to Section 25205.2 of the Health and Safety Code has
been given pursuant to Section 43201 or 43350 for the same period
and site, or with respect to a taxpayer that has paid the fee imposed
by Section 25205.2 of the Health and Safety Code for the same period
and site. The notice of determination with respect to the fee
imposed pursuant to Section 25205.5 of the Health and Safety Code
shall be given within 90 days from the date of final board action or
final judicial action, whichever is later, concerning liability for
the fee imposed pursuant to Section 25205.2 of the Health and Safety
Code.
(c) The limitation specified in subdivision (a) shall not apply to
a liability for the fee imposed pursuant to Section 25205.2 of the
Health and Safety Code which is proposed to be determined with
respect to a taxpayer if a notice of determination for the fee
imposed pursuant to Section 25205.5 of the Health and Safety Code has
been given pursuant to Section 43201 or 43350 for the same period
and site, or with respect to a taxpayer that has paid the fee imposed
by Section 25205.5 of the Health and Safety Code for the same period
and site. The notice of determination with respect to the fee
imposed pursuant to Section 25205.2 of the Health and Safety Code
shall be given within 90 days from the date of final board action or
final judicial action, whichever is later, concerning liability for
the fee imposed pursuant to Section 25205.5 of the Health and Safety
Code.