Section 46501.5 Of Article 1. Claim For Refund From California Revenue And Taxation Code >> Division 2. >> Part 24. >> Chapter 5. >> Article 1.
46501.5
. When an amount represented by a person who is a feepayer
under this part to a customer as constituting reimbursement for fees
due under this part is computed upon an amount that is not subject to
that fee or is in excess of that fee amount due and is actually paid
by the customer to the person, the amount so paid shall be returned
by the person to the customer upon notification by the State Board of
Equalization or by the customer that the excess has been
ascertained. If the person fails or refuses to do so, the amount so
paid, if knowingly or mistakenly computed by the person upon an
amount that is not subject to the fee or is in excess of the fee due,
shall be remitted by that person to this state. Those amounts
remitted to the state shall be credited by the board on any amounts
due and payable under this part on the same activity from the person
by whom it was paid to this state and the balance, if any, shall
constitute an obligation due from the person to this state.