§ 19187. — 19187. (Amended by Stats. 2024, Ch. 34, Sec. 30.)

(a)
The Franchise Tax Board shall include with each notice imposing a penalty under this part information that contains the name of the penalty, the section of this part under which the penalty is imposed, and a description of the computation of the penalty. Upon the request of the taxpayer, the Franchise Tax Board shall also provide a computation of the penalty imposed.
(b)
(1)
No penalty under this part shall be imposed unless the initial determination of the imposition of the penalty is personally approved in writing by the immediate supervisor of the individual making that determination or a higher level official as designated by the executive officer, or the officer’s delegee.
(2)
Paragraph (1) shall not apply to any of the following:
(A)
Any addition to tax under Sections 19131, 19132, 19136, or 19142.
(B)
Any addition to tax imposed pursuant to subdivision (b) of Section 19164.
(C)
Any other penalty automatically calculated through electronic means.
(D)
Any penalty resulting from a change or correction by the Commissioner of Internal Revenue or other officer of the United States or other competent authority required to be reported under subdivision (a) of Section 18622.
(c)
For purposes of this section, “penalty” includes any addition to tax or any additional amount.
(d)
This section shall apply to notices issued and penalties imposed after December 31, 2001.
(e)
The
amendments made to this section by the act adding this subdivision shall apply for additions to tax imposed on or after January 1, 2024.

Legislative History

Amended by Stats. 2024, Ch. 34, Sec. 30. (SB 167) Effective June 27, 2024.