Section 55336 Of Article 2. The California Taxpayers’ Bill Of Rights From California Revenue And Taxation Code >> Division 2. >> Part 30. >> Chapter 6. >> Article 2.
55336
. (a) At least 30 days prior to the filing or recording of
liens under Chapter 14 (commencing with Section 7150) or Chapter 14.5
(commencing with Section 7220) of Division 7 of Title 1 of the
Government Code, the board shall mail to the taxpayer a preliminary
notice. The notice shall specify the statutory authority of the board
for filing or recording the lien, indicate the earliest date on
which the lien may be filed or recorded, and state the remedies
available to the taxpayer to prevent the filing or recording of the
lien. In the event tax liens are filed for the same liability in
multiple counties, only one preliminary notice shall be sent.
(b) The preliminary notice required by this section shall not
apply to jeopardy determinations issued under Article 4 (commencing
with Section 55101) of Chapter 3.
(c) If the board determines that filing a lien was in error, it
shall mail a release to the taxpayer and the entity recording the
lien as soon as possible, but not later than seven days, after this
determination and receipt of lien recording information. The release
shall contain a statement that the lien was filed in error. In the
event the erroneous lien is obstructing a lawful transaction, the
board shall immediately issue a release of lien to the taxpayer and
the entity recording the lien.
(d) When the board releases a lien erroneously filed, notice of
that fact shall be mailed to the taxpayer and, upon the request of
the taxpayer, a copy of the release shall be mailed to the major
credit reporting companies in the county where the lien was filed.
(e) The board may release or subordinate a lien if the board
determines that the release or subordination will facilitate the
collection of the tax liability or will be in the best interest of
the state and the taxpayer.