Section 6487.2 Of Article 2. Deficiency Determinations From California Revenue And Taxation Code >> Division 2. >> Part 1. >> Chapter 5. >> Article 2.
6487.2
. (a) A notice of determination issued pursuant to Section
6486, 6515, or 6536 to an individual who was a general partner, as
shown on the board's records, and who, prior to the period covered by
the determination, withdrew from the partnership, causing a change
in ownership, and failed to notify the board, shall be mailed within
four years after the last day of the calendar month following the
quarterly period in which the change of ownership occurred.
(b) An individual who was a general partner, as shown on the board'
s records, who withdraws from a partnership without notifying the
board of the change in ownership, shall not be liable for any unpaid,
self-assessed liability of the partnership that becomes due at least
three years after the last day of the calendar month following the
quarterly period in which the change in ownership occurred.
(c) Subdivisions (a) and (b) shall not apply to either of the
following:
(1) Cases of fraud or intent to evade this part or other
administrative or interpretive regulations.
(2) Any partners who retain an ownership interest in a corporation
that is a successor to the partnership.
(d) For purposes of this part, change in ownership means that a
new "person," as defined in Section 6005, is created by the action of
the former owner by means of a sale, an incorporation, an addition
or elimination of one or more partners, or the termination of a
spouse's ownership or community property interest due to legal
separation or divorce.
(e) For purposes of this section, "individual" includes only
natural persons.