Section 45868.5 Of Article 2. The California Taxpayers’ Bill Of Rights From California Revenue And Taxation Code >> Division 2. >> Part 23. >> Chapter 6. >> Article 2.
45868.5
. (a) Except in any case where the board finds collection of
the tax to be in jeopardy, if any property has been levied upon, the
property or the proceeds from the sale of the property shall be
returned to the taxpayer if the board determines any one of the
following:
(1) The levy on the property was not in accordance with the law.
(2) The taxpayer has entered into and is in compliance with an
installment payment agreement pursuant to Section 45609 to satisfy
the tax liability for which the levy was imposed, unless that or
another agreement allows for the levy.
(3) The return of the property will facilitate the collection of
the tax liability or will be in the best interest of the state and
the taxpayer.
(b) Property returned under paragraphs (1) and (2) of subdivision
(a) is subject to the provisions of Section 45870.