California Senate Bill 1528
Session 20232024
California Department of Tax and Fee Administration.
Became Law
Became Law on Sep 22, 2024
Sponsor
Committee on Revenue and Taxation
First Action
Mar 19, 2024
Latest Action
Sep 22, 2024
Origin Chamber
Senate
Type
Bill
Bill Number
1528
State
California
Session
20232024
Committee on Revenue and Taxation
grade
Author
Motion Text
Unfinished Business SB1528 REV. & TAX. (Glazer) Concurrence Reconsider
Senate Roll Call Votes
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Summary
(1) The California Department of Tax and Fee Administration (CDTFA) administers various taxes, fees, and surcharges, including, among others, the Sales and Use Tax Law, the Motor Vehicle Fuel Tax Law, the Use Fuel Tax Law, the Cigarette and Tobacco Products Tax Law, the Timber Yield Tax Law, the Energy Resources Surcharge Law, the Emergency Telephone Users Surcharge Act, the Hazardous Substances Tax Law, the Integrated Waste Management Fee Law, the Oil Spill Response, Prevention, and Administration Fees Law, the Underground Storage Tank Maintenance Fee Law, the Diesel Fuel Tax Law, and various taxes and fees collected in accordance with the Fee Collections Procedures Law.
Existing law authorizes the CDTFA, for purposes of the laws described above, if it is not satisfied with a return or the amount required to be paid to the state by specified taxpayers and feepayers, to compute and determine the amount required to be paid, as specified. Existing law requires the CDTFA to give taxpayers or feepayers written notice of its determination and serve the notice in specified manners, including by personal service.
This bill would additionally authorize the CDTFA to serve the above-described notice by delivering the notice electronically via secure transmission in specified circumstances. The bill would make conforming changes to these provisions.
(2) Existing law, the Alcoholic Beverage Tax Law, administered by the State Board of Equalization (BOE) , imposes an excise tax upon all beer and wine sold in this state, as provided, on beer manufacturers, winegrowers, importers, or sellers of beer or wine that sell beer or wine on which no tax has been paid. That law authorizes the BOE, if it is not satisfied with a return or the amount required to be paid to the state by a taxpayer, to compute and determine the amount required to be paid, as specified. Existing law requires the BOE to give taxpayers written notice of its determination and serve the notice in specified manners, including by personal service.
This bill would authorize the BOE to serve the above-described notice by delivering the notice electronically via secure transmission in specified circumstances. The bill would make additional conforming changes related to these provisions.
(3) Existing law, the Sales and Use Tax Law, imposes on any person who knowingly collects sales tax reimbursement or use tax, and who fails to timely remit that sales tax reimbursement or use tax to the CDTFA, a penalty of 40% of the amount not timely remitted. Existing law exempts from that penalty any person whose liability for the unremitted sales tax reimbursement or use tax averages $1,000 or less per month or does not exceed 5% of the total amount of tax liability for which the tax reimbursement was collected for the period in which tax was due, as specified.
This bill, for determinations made on or after January 1, 2025, would instead exempt from that penalty any person whose liability for the unremitted sales tax reimbursement or use tax averages $1,500 or less per month or does not exceed 25% of the total amount of tax liability for which the tax reimbursement was collected for the period in which tax was due.
(4) The Sales and Use Tax Law provides that, under specified circumstances, the State Board of Equalization may require any person whose sales and use tax liability exceeds a specified amount to prepay that tax liability.
This bill would authorize the CDTFA, in its discretion, to relieve any person from the requirements to make prepayments, as described above, if specified conditions apply.
(5) The Hazardous Substances Tax Law requires a generator of hazardous waste to pay to the CDTFA a generation and handling fee for each generator site, as defined, that generates hazardous waste, as specified. That law imposes various penalties, including a penalty for failure to pay and a fee for failure to pay timely.
This bill would clarify that audit determinations are excluded from the calculation of any penalties for failure to pay timely.
(6) This bill would also make various technical and conforming changes, and would update references to the State Board of Equalization to instead refer to the CDTFA.
03/19/24 - Introduced
March 19, 2024
04/18/24 - Amended Senate
April 18, 2024
06/24/24 - Amended Assembly
June 24, 2024
08/22/24 - Amended Assembly
August 22, 2024
09/03/24 - Enrolled
September 3, 2024
09/22/24 - Chaptered
September 22, 2024
04/19/24- Senate Revenue and Taxation
April 19, 2024
05/08/24- Sen. Floor Analyses
May 8, 2024
06/28/24- Assembly Revenue and Taxation
June 28, 2024
08/05/24- Assembly Appropriations
August 5, 2024
08/16/24- ASSEMBLY FLOOR ANALYSIS
August 16, 2024
08/23/24- ASSEMBLY FLOOR ANALYSIS
August 23, 2024
08/29/24- Sen. Floor Analyses
August 29, 2024
Sort by most recent
09/22/2024
California State Legislature
Chaptered by Secretary of State. Chapter 499, Statutes of 2024.
09/22/2024
California State Legislature
Approved by the Governor.
09/09/2024
California State Legislature
Enrolled and presented to the Governor at 3 p.m.
08/29/2024
Senate
Assembly amendments concurred in. (Ayes 38. Noes 0. Page 5691.) Ordered to engrossing and enrolling.
08/29/2024
Senate
Reconsideration granted. (Ayes 40. Noes 0. Page 5690.)
08/29/2024
Senate
Motion to reconsider made by Senator Glazer.
08/29/2024
Senate
Assembly amendments concurred in. (Ayes 39. Noes 1. Page 5677.) Ordered to engrossing and enrolling.
08/28/2024
Senate
In Senate. Concurrence in Assembly amendments pending.
08/28/2024
Assembly
Read third time. Passed. (Ayes 77. Noes 0. Page 6694.) Ordered to the Senate.
08/22/2024
Assembly
Ordered to third reading.
08/22/2024
Assembly
Read third time and amended.
08/15/2024
Assembly
Ordered to third reading.
08/15/2024
Assembly
From consent calendar on motion of Assembly Member Irwin.
08/08/2024
Assembly
Read second time. Ordered to consent calendar.
08/07/2024
Assembly
From committee: Do pass. Ordered to consent calendar. (Ayes 14. Noes 0.) (August 7).
07/02/2024
Assembly
From committee: Do pass and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 6. Noes 0.) (July 1). Re-referred to Com. on APPR.
06/24/2024
Assembly
From committee with author's amendments. Read second time and amended. Re-referred to Com. on REV. & TAX.
05/20/2024
Assembly
Referred to Com. on REV. & TAX.
05/09/2024
Assembly
In Assembly. Read first time. Held at Desk.
05/09/2024
Senate
Read third time. Passed. (Ayes 37. Noes 0. Page 3875.) Ordered to the Assembly.
05/07/2024
Senate
Read second time. Ordered to consent calendar.
05/06/2024
Senate
From committee: Be ordered to second reading pursuant to Senate Rule 28.8 and ordered to consent calendar.
04/26/2024
Senate
Set for hearing May 6.
04/24/2024
Senate
From committee: Do pass and re-refer to Com. on APPR with recommendation: To consent calendar. (Ayes 7. Noes 0. Page 3759.) (April 24). Re-referred to Com. on APPR.
04/18/2024
Senate
From committee with author's amendments. Read second time and amended. Re-referred to Com. on REV. & TAX.
04/12/2024
Senate
Set for hearing April 24.
04/03/2024
Senate
Referred to Com. on REV. & TAX.
03/20/2024
Senate
From printer. May be acted upon on or after April 19.
03/19/2024
Senate
Introduced. Read first time. To Com. on RLS. for assignment. To print.
Sources
Record Created
Mar 20, 2024 12:19:25 PM
Record Updated
Oct 10, 2024 12:31:16 PM