SECTIONS 46421-46422 - California Statutes

REVENUE AND TAXATION CODE

SECTION 46421-46422

46421. (a) If any person fails to pay any amount imposed pursuant
to this part at the time that it becomes due and payable, the amount
thereof, including penalties and interest, together with any costs in
addition thereto, shall thereupon be a perfected and enforceable
lien. The lien shall be subject to Chapter 14 (commencing with
Section 7150) of Division 7 of Title 1 of the Government Code.
(b) For the purpose of this section, amounts are "due and payable"
on the following dates:
(1) For amounts disclosed on a return received by the board before
the date the return is delinquent, the date the amount would have
been due and payable.
(2) For amounts disclosed on a return filed on or after the date
the return is delinquent, the date the return is received by the
board.
(3) For amounts determined under Section 46301 pertaining to
jeopardy assessments, the date the notice of the board's finding is
mailed or issued.
(4) For all other amounts, the date the assessment is final.

46422. (a) If the board determines that the amount of fee,
interest, and penalties are sufficiently secured by a lien on other
property or that the release or subordination of the lien imposed
under this article will not jeopardize the collection of the amount
of the fee, interest, and penalties, the board may at any time
release all or any portion of the property subject to the lien from
the lien or may subordinate the lien to other liens and encumbrances.
(b) If the board finds that the liability represented by the lien
imposed under this article, including any interest accrued thereon,
is legally unenforceable, the board may release the lien.
(c) A certificate by the board to the effect that any property has
been released from a lien or that the lien has been subordinated to
other liens and encumbrances is conclusive evidence that the property
has been released or that the lien has been subordinated as provided
in the certificate.