Section 6702 Of Article 1. Security For Tax From California Revenue And Taxation Code >> Division 2. >> Part 1. >> Chapter 6. >> Article 1.
6702
. (a) If any person is delinquent in the payment of the amount
required to be paid by him or her or in the event a determination has
been made against him or her which remains unpaid, the board may,
not later than three years after the payment became delinquent, or
within 10 years after the last recording of an abstract under Section
6738 or the last recording or filing of a notice of state tax lien
under Section 7171 of the Government Code, give notice thereof
personally or by first-class mail to all persons, including any
officer or department of the state or any political subdivision or
agency of the state, having in their possession or under their
control any credits or other personal property belonging to the
delinquent, or person against whom a determination has been made
which remains unpaid, or owing any debts to the delinquent or that
person. In the case of any state officer, department, or agency, the
notice shall be given to the officer, department, or agency prior to
the time it presents the claim of the delinquent taxpayer to the
Controller. After receiving the notice the persons so notified shall
neither transfer nor make any other disposition of the credits, other
personal property, or debts in their possession or under their
control at the time they receive the notice until the board consents
to a transfer or disposition or until 60 days elapse after the
receipt of the notice, whichever period expires the earlier. All
persons so notified shall forthwith after receipt of the notice
advise the board of all those credits, other personal property, or
debts in their possession, under their control, or owing by them.
(b) If the notice seeks to prevent the transfer or other
disposition of a deposit in a bank or a state or federal savings and
loan association or other credits or personal property in the
possession or under the control of a bank or a state or federal
savings and loan association, the notice to be effective shall state
the amount, interest, and penalty due from the person, and shall be
delivered or mailed to the branch or office of the bank or a state or
federal savings and loan association at which the deposit is carried
or at which the credits or personal property is held. A bank, state
or federal savings and loan association, or a state or federal credit
union withholding any deposit or other credits or personal property
required to be withheld in which the delinquent taxpayer and another
person or persons have an interest, or held in the name of a third
party or parties in which the delinquent taxpayer is ultimately
determined to have no interest, is not liable therefor to any of the
persons who have an interest in the deposit or other credits or
personal property unless the deposit or other credits or personal
property is released or transferred to the delinquent taxpayer.
(c) In the case of a deposit or other credits or personal property
for which the transfer or other disposition is prevented, the
depository institution required to prevent transfer or other
disposition shall send a notice by first-class mail to each person
named on a deposit, other credits, or personal property included in
the notice from the board, provided a current address for each person
is available to the institution. This notice shall inform each
person as to the reason for preventing transfer or disposition of the
deposit or other credits or personal property, the amount thereof
which is prevented from transfer or other disposition, and the date
by which that amount is to be remitted to the board. An institution
may assess the deposit or other credits or personal property of each
person receiving this notice a reasonable service charge not to
exceed three dollars ($3).
(d) Notwithstanding any other provision, with respect to a deposit
in a bank or other credits or personal property in the possession or
under the control of a bank or a state or federal savings and loan
association, the aggregate amount of deposits, credits, or personal
property to be withheld shall be an amount equal to two times the
amount of the tax, interest, or penalty due from the person. If,
during the effective period of the notice to withhold, any person so
notified makes any transfer or disposition of the property or debts
required to be withheld, to the extent of the value of the property
or the amount of the debts thus transferred or paid he or she shall
be liable to the state for any indebtedness due under this part from
the person with respect to whose obligation the notice was given if
solely by reason of that transfer or disposition the state is unable
to recover the indebtedness of the person with respect to whose
obligation the notice was given.