Section 6487.3 Of Article 2. Deficiency Determinations From California Revenue And Taxation Code >> Division 2. >> Part 1. >> Chapter 5. >> Article 2.
6487.3
. (a) (1) For persons that elect to report qualified use tax
in accordance with Section 6452.1, except in the case of fraud,
intent to avoid this part or authorized rules and regulations issued
by the board, or the gross understatement of qualified use taxes,
every notice of a deficiency determination with respect to the
qualified use tax shall be mailed within three years after the last
day for which an acceptable tax return is due or filed, whichever
occurs later.
(2) In the case of a gross understatement of qualified use tax,
every notice of a deficiency determination with respect to the
qualified use tax shall be mailed within six years after the last day
for which an acceptable tax return is due or filed, whichever occurs
later.
(3) For purposes of this subdivision a "gross understatement of
qualified use tax" is a deficiency that is in excess of 25 percent of
the amount of qualified use tax reported on a person's acceptable
tax return. In the case of married individuals filing separate
California personal income tax returns, the total amount of qualified
use tax reported will be considered in determining whether there is
a gross understatement of qualified use tax.
(4) For purposes of this section "acceptable tax return" means a
timely filed original return that is filed pursuant to Article 1
(commencing with Section 18501), Article 2 (commencing with Section
18601), Section 18633, Section 18633.5 of Chapter 2 (commencing with
Section 18501) of Part 10.2, or Article 3 (commencing with Section
23771) of Chapter 4 of Part 11.
(b) This section applies to reporting of purchases of tangible
personal property made on or after January 1, 2010, in taxable years
beginning on or after January 1, 2010.