Section 9151 Of Article 1. Claim For Refund From California Revenue And Taxation Code >> Division 2. >> Part 3. >> Chapter 6. >> Article 1.
9151
. If the board determines that any amount not required to be
paid under this part has been paid by any person, the board shall set
forth that fact in its records and certify the amount paid in excess
of the amount legally due and the person by whom the excess was paid
to the board or from whom it was collected. The excess amount paid
or collected shall be credited on any amounts then due and payable
from the person from whom the excess amount was collected or by whom
it was paid under this part, and the balance shall either be refunded
to the person, or his or her successors, administrators, executors,
or assigns, or, if authorized by the board, deducted by the person
from any amounts to become due from him or her under this part.
Any overpayment of the tax by a user to a vendor who is required
to collect the tax and who gives the user a receipt therefor pursuant
to Section 8732 shall be credited or refunded by the state to the
user.
For any amount exceeding fifty thousand dollars ($50,000), the
board's proposed determination under this section shall be available
as a public record for at least 10 days prior to the effective date
of the determination.