Section 6814 Of Article 7. Payment On Termination Of Business And Successor’s Liability From California Revenue And Taxation Code >> Division 2. >> Part 1. >> Chapter 6. >> Article 7.
6814
. (a) The obligation of the successor shall be enforced by
serving a notice of successor liability on the person. The notice
shall be served in the manner prescribed for service of a notice of a
deficiency determination, not later than three years after the date
the board is notified of the purchase of the business or stock of
goods. The successor may petition for reconsideration in the manner
provided in Article 5 (commencing with Section 6561) of Chapter 5 of
this part. The notice shall become final and the amount due and
payable in the manner provided in that article except that no
additional penalty shall apply if not paid when due and payable. The
provisions of this chapter with respect to the collection of any
amount required to be paid under this part shall apply when the
notice becomes final.
(b) (1) If the board finds that a successor's failure to withhold
a sufficient amount of the purchase price to cover the amount owed by
the former owner is due to reasonable cause and circumstances beyond
the successor's control, and occurred notwithstanding the exercise
of ordinary care and in the absence of willful neglect, the successor
may be relieved of any penalty included in the notice of successor
liability.
(2) Any successor seeking to be relieved of the penalty shall file
with the board a statement under penalty of perjury setting forth
the facts upon which he or she bases his or her claim for relief.