SECTIONS 38421-38425 - California Statutes

REVENUE AND TAXATION CODE

SECTION 38421-38425

38421. If any person fails to make a return, the board shall make
an estimate of the amount of the total timber harvested by the person
and the immediate harvest value of that timber. The estimate shall
be made for the period or periods in respect to which the person
failed to make a return and shall be based upon any information which
is in the board's possession or may come into its possession. Upon
the basis of this estimate the board shall compute and determine the
amount required to be paid to the state, adding to the sum thus
arrived at a penalty equal to 10 percent thereof. One or more
determinations may be made for one or for more than one period. When
a person discontinues activities subject to the tax, a determination
may be made at any time thereafter, within the periods specified in
Section 38417, as to liability arising out of the person's activities
subject to the tax, irrespective of whether the determination is
issued prior to the due date of the liability as otherwise specified
in this part.

38422. In making a deterimination the board may offset overpayments
for a period or periods, together with interest on the overpayments,
against underpayments for another period or periods, against
penalties, and against the interest on the underpayments. The
interest on underpayments and overpayments shall be computed in the
manner set forth in Sections 38451 and 38606.

38423. The amount of the determination, exclusive of penalties,
shall bear interest at the adjusted annual rate established pursuant
to Section 19521 from the last day of the month following the
quarterly period for which the amount or any portion thereof should
have been returned until the date of payment.

38424. If the failure of any person to file a return is due to
fraud or an intent to evade this part or rules and regulations, a
penalty of 25 percent of the amount required to be paid by the
person, exclusive of penalties, shall be added thereto in addition to
the 10 percent penalty provided in Section 38421.

38425. Promptly after making its determination the board shall give
to the person written notice of the estimate, determination, and
penalty, the notice to be served personally or by mail in the manner
prescribed for service of notice of a deficiency determination.