Section 46201 Of Article 2. Deficiency Determinations From California Revenue And Taxation Code >> Division 2. >> Part 24. >> Chapter 3. >> Article 2.
46201
. (a) If the board is dissatisfied with the return filed or
the amount of fee paid to the state by any feepayer, the board may
compute and determine the amount to be paid, based upon any
information available to it. One or more deficiency determinations
may be made of the amount of fee due for one or for more than one
period. When a business is discontinued, a determination may be made
at any time thereafter, within the period specified in Section 46204,
as to liability arising out of that business, irrespective of
whether the determination is issued prior to the due date of the
liability as otherwise specified in this part. In making a
determination, the board may offset overpayments for a period or
periods against underpayments for another period or periods and
against the interest and penalties on the underpayments.
(b) The amount of fee so determined shall bear interest at the
modified adjusted rate per month, or fraction thereof, established
pursuant to Section 6591.5, from the date the amount of the fee, or
any portion thereof, became due and payable until the date of
payment.
(c) If any part of the deficiency for which a determination of an
additional amount due is made is found to have been occasioned by
negligence or intentional disregard of this part or regulations
adopted pursuant thereto, a penalty of 10 percent of the amount of
the determination shall be added, plus interest as provided in
subdivision (b).
(d) If any part of the deficiency for which a determination of an
additional amount due is made is found to be occasioned by fraud or
an intent to evade this part or regulations adopted pursuant thereto,
a penalty of 25 percent of the amount of the determination shall be
added, plus interest as provided in subdivision (b).