6451-6459
REVENUE AND TAXATION CODE
SECTION 6451-6459
6451. The taxes imposed by this part are due and payable to the
board quarterly on or before the last day of the month next
succeeding each quarterly period.
6452. (a) On or before the last day of the month following each
quarterly period of three months, a return for the preceding
quarterly period shall be filed with the board in the form as
prescribed by the board, which may include, but not be limited to,
electronic media. Returns shall be authenticated in a form or
pursuant to methods as may be prescribed by the board.
(b) For purposes of the sales tax, a return shall be filed by
every seller and also by every person who is liable for the sales tax
under this part. For purposes of the use tax, a return shall be
filed by every retailer engaged in business in this state and by
every person purchasing tangible personal property, the storage, use,
or other consumption of which is subject to the use tax, who has not
paid the use tax due to a retailer required to collect the tax.
(c) Any retailer or other person who fails or refuses to furnish
any return required to be made, or who fails or refuses to furnish a
supplemental return or other data required by the board, is guilty of
a misdemeanor punishable as provided in Section 7153.
6452.1. (a) Notwithstanding Section 6451, every person that
purchases tangible personal property, the storage, use, or other
consumption of which is subject to qualified use tax, as defined in
subdivision (d), that is otherwise required to report and remit that
tax pursuant to this part, may elect to report and remit qualified
use tax on an acceptable tax return.
(b) (1) A person that reports qualified use tax on an acceptable
tax return is deemed to have made the election authorized by this
section.
(2) (A) In the case of a married individual filing a separate
California personal income tax return, an election may be made to
report either one-half of the qualified use tax or the entire
qualified use tax on his or her separate California personal income
tax return.
(B) If an individual elects to report one-half of the qualified
use tax, that election will not be binding with respect to the
remaining one-half of the qualified use tax owed by that individual
and that individual's spouse.
(c) An election to report qualified use tax on an acceptable tax
return shall be irrevocable. An acceptable tax return that contains
use tax shall be considered a tax return for purposes of this part.
(d) For purposes of this section:
(1) "Acceptable tax return" means a timely filed original return
that is filed pursuant to Article 1 (commencing with Section 18501),
Article 2 (commencing with Section 18601), Section 18633, Section
18633.5 of Chapter 2 (commencing with Section 18501) of Part 10.2, or
Article 3 (commencing with Section 23771) of Chapter 4 of Part 11.
(2) (A) Except as provided in subparagraph (B), "qualified use tax"
means the use tax imposed under this part, Section 35 of Article
XIII of the California Constitution, in conformity with the
Bradley-Burns Uniform Local Sales and Use Tax Law (Part 1.5
(commencing with Section 7200)), or in accordance with the
Transactions and Use Tax Law (Part 1.6 (commencing with Section
7251)) that has not been paid to a retailer holding a seller's permit
or certificate of registration-use tax.
(B) "Qualified use tax" does not include:
(i) Use tax imposed on the storage, use, or other consumption of a
mobilehome or a commercial coach that is required to be registered
annually pursuant to the Health and Safety Code or use tax that
applies to a vehicle subject to identification under Division 16.5
(commencing with Section 38000) of the Vehicle Code, or a vehicle
that qualifies under the permanent trailer identification plate
program pursuant to subdivision (a) of Section 5014.1 of the Vehicle
Code.
(ii) Use tax imposed on the storage, use, or other consumption of
a vehicle, vessel, or aircraft.
(iii) Use tax imposed on a lease of tangible personal property.
(iv) Use tax imposed on a purchase of cigarettes, tobacco
products, or cigarettes and tobacco products for which the purchaser
is registered with the board as a cigarette consumer, a tobacco
products consumer, or a cigarette and tobacco products consumer.
(e) (1) If a person elects to report qualified use tax on an
acceptable tax return, that person shall report and remit the
qualified use tax by reporting the amount due based on all taxable
purchases of tangible personal property made during the taxable year
for which the acceptable tax return is required to be filed.
(2) The qualified use tax shall be reported on and remitted with
an acceptable tax return that is required to be filed for the taxable
year in which the liability for the qualified use tax was incurred.
(f) (1) The penalties and interest imposed under this part, in
conformity with the Bradley-Burns Uniform Local Sales and Use Tax Law
(Part 1.5 (commencing with Section 7200)), or in accordance with the
Transactions and Use Tax Law (Part 1.6 (commencing with Section
7251)) shall apply to use tax reported as qualified use tax on an
acceptable return.
(2) Any claims for refunds or credits of any use tax reported as
qualified use tax on an acceptable tax return shall be made in
accordance with Chapter 7 (commencing with Section 6901) of this
part.
(3) Qualified use tax shall be considered to be timely reported
and remitted for purposes of this part, in conformity with the
Bradley-Burns Uniform Local Sales and Use Tax Law (Part 1.5
(commencing with Section 7200)), and in accordance with the
Transactions and Use Tax Law (Part 1.6 (commencing with Section
7251)), if the qualified use tax is timely reported on and remitted
with an acceptable tax return in accordance with the provisions of
this section.
(g) Notwithstanding a person's payment of qualified use tax on an
acceptable tax return, the board is not precluded from making any
determinations for understatements of qualified use tax against that
person in accordance with Part 5 (commencing with Section 6451).
(h) Any payments and credits shown on the return, together with
any other credits associated with that person's account, of a person
that elects to report qualified use tax on an acceptable tax return
shall be applied in the following order:
(1) Taxes imposed under Part 10 (commencing with Section 17001) or
Part 11 (commencing with Section 23001), including penalties and
interest, if any, imposed under Part 10.2 (commencing with Section
18401).
(2) Qualified use tax reported on the acceptable tax return in
accordance with this section.
(i) (1) This section does not apply to a person who is otherwise
required to hold a seller's permit or to register with the State
Board of Equalization pursuant to Part 1 (commencing with Section
6001) of this division.
(2) This section applies to purchases of tangible personal
property made on or after January 1, 2010, in taxable years beginning
on or after January 1, 2010.
6453. For purposes of the sales tax, the return shall show the
gross receipts of the seller during the preceding reporting period
and, in the case of a person who is liable for the sales tax and is
not a seller, the gross receipts of such person for the period in
which the liability was incurred. For purposes of the use tax, in
case of a return filed by a retailer, the return shall show the total
sales price of the property sold by him or her, the storage, use, or
consumption of which property became subject to the use tax during
the preceding reporting period; in case of a return filed by a
purchaser, except as provided in Section 6452.1, the return shall
show the total sales price of the property purchased by him or her,
the storage, use, or consumption of which became subject to the use
tax during the preceding reporting period.
The return shall also show the amount of the taxes for the period
covered by the return and any other information which the board deems
necessary for the proper administration of this part.
6454. Except as provided in Sections 6479.3 and 6479.31, a person
required to file the return shall deliver the return together with a
remittance of the amount of the tax due to the office of the board.
6455. (a) The board, if it deems it necessary in order to insure
payment to or facilitate the collection by the state of the amount of
taxes, may require returns and payment of the amount of taxes for
quarterly periods other than calendar quarters depending upon the
principal place of business of the seller, retailer or purchaser as
the case may be, or for designated periods other than quarterly
periods.
(b) On or before the last day of the month following each
designated period, a return for the preceding designated period shall
be filed with the board in such form as the board may prescribe.
(c) Any retailer or other person who fails or refuses to furnish
any return required by law to be made, or who fails or refuses to
furnish a supplemental return or other data required by the board, is
guilty of a misdemeanor punishable as provided in Section 7153.
6456. (a) Under regulations prescribed by the board, if:
(1) A tax liability under this part was understated by a failure
to file a return required to be filed under this part, by the
omission of an amount properly includable therein, or by erroneous
deductions or credits claimed on a return, and the understatement of
tax liability is attributable to one spouse; or any amount of the tax
reported on a return was unpaid and the nonpayment of the reported
tax liability is attributable to one spouse,
(2) The other spouse establishes that he or she did not know of,
and had no reason to know of, that understatement or nonpayment, and
(3) Taking into account whether or not the other spouse
significantly benefited directly or indirectly from the
understatement or the nonpayment and taking into account all other
facts and circumstances, it is inequitable to hold the other spouse
liable for the deficiency in tax attributable to that understatement
or nonpayment,
then the other spouse shall be relieved of liability for tax
(including interest, penalties, and other amounts) to the extent that
the liability is attributable to that understatement or nonpayment
of tax.
(b) For purposes of this section, the determination of the spouse
to whom items of understatement or nonpayment are attributable shall
be made without regard to community property laws.
(c) This section shall apply to all calendar quarters subject to
the provisions of this part, but shall not apply to any calendar
quarter that is more than five years from the final date on the
board-issued determination, five years from the return due date for
nonpayment on a return, or one year from the first contact with the
spouse making a claim under this section; or that has been closed by
res judicata, whichever is later.
(d) For purposes of paragraph (2) of subdivision (a), "reason to
know" means whether or not a reasonably prudent person would have had
reason to know of the understatement or nonpayment.
(e) For purposes of this section, with respect to a failure to
file a return or an omission of an item from the return,
"attributable to one spouse" may be determined by whether a spouse
rendered substantial service as a retailer of taxable items to which
the understatement is attributable. If neither spouse rendered
substantial services as a retailer, then the attribution of
applicable items of understatement shall be treated as community
property. An erroneous deduction or credit shall be attributable to
the spouse who caused that deduction or credit to be entered on the
return.
(f) Under procedures prescribed by the board, if, taking into
account all the facts and circumstances, it is inequitable to hold
the other spouse liable for any unpaid tax or any deficiency (or any
portion of either) attributable to any item for which relief is not
available under subdivision (a), the board may relieve the other
spouse of that liability.
6457. Section 6453 shall not be applicable with respect to a lease
of tangible personal property, but the lessor shall report the
rentals paid by the lessee during the preceding reporting period; a
lessee shall report the rentals payable in the preceding reporting
period upon which tax has not been paid to his lessor required to
collect the tax. The return shall also show the amount of the taxes
for the period covered by the return and such other information as
the board deems necessary for the proper administration of this part.
6459. (a) The board for good cause may extend for not to exceed one
month the time for making any return or paying any amount required
to be paid under this part. The extension may be granted at any time
provided a request therefor is filed with the board within or prior
to the period for which the extension may be granted.
Any person to whom an extension is granted shall pay, in addition
to the tax, interest at the modified adjusted rate per month, or
fraction thereof, established pursuant to Section 6591.5, from the
date on which the tax would have been due without the extension until
the date of payment.
(b) The board may grant an extension for more than one month if
both of the following conditions occur:
(1) A budget for the state has not been adopted by July 1.
(2) The person requesting the extension is a creditor of the state
who has not been paid because of the state's failure to timely adopt
a budget.
Any extension granted under this subdivision shall expire no later
than the last day of the month following the month in which the
budget is adopted or one month from the due date of the return or
payment, whichever comes later.
Any person to whom an extension has been granted under this
subdivision shall pay, in addition to the tax, interest at the
modified adjusted rate per month, or fraction thereof, established
pursuant to Section 6591.5, from the date on which the tax would have
been due without the extension until the date of payment. However,
no interest shall be due on that portion of the payment equivalent to
the amount due to the person from the state on the due date of the
payment.