§ 24872.7. — 24872.7. (Amended by Stats. 2000, Ch. 862, Sec. 198.)

(a)
(1)
(A)
Whenever a penalty is imposed for federal purposes under Section 857(f)(2)(A) or (B) of the Internal Revenue Code, whichever is applicable, it shall be deemed that the real estate investment trust has failed to comply with the requirements of Section 857(f)(2)(A) or (B) of the Internal Revenue Code, whichever is applicable, for state purposes for that taxable year and a penalty equal to the penalty determined for federal purposes under Section 857(f)(2)(A) or (B) of the Internal
Revenue Code, whichever is applicable, shall be imposed and shall be paid on notice and demand and in the same manner as tax.
(B)
No penalty shall be imposed under this paragraph if the Secretary of the Treasury, under Section 857(f)(2)(D) of the Internal Revenue Code, has determined that the failure to comply is due to reasonable cause and not to willful neglect.
(2)
(A)
Whenever a penalty is imposed for federal purposes under Section 857(f)(2)(C) of the Internal Revenue Code it shall be deemed that the real estate investment trust has failed to comply with the requirements of Section 857(f)(2)(C) of the Internal Revenue Code for state purposes for that taxable year and an additional penalty equal to the penalty determined for federal purposes under Section 857(f)(2)(C) of the Internal Revenue Code shall be imposed and shall be paid on notice and demand and
in the same manner as tax.
(B)
No penalty shall be imposed under this paragraph if the Secretary of the Treasury, under Section 857(f)(2)(D) of the Internal Revenue Code, has determined that the failure to comply is due to reasonable cause and not to willful neglect.
(b)
This section shall apply to taxable years beginning after August 5, 1997.
(c)
The amendments made to this section by the act adding this subdivision shall apply to taxable years beginning on or after January 1, 1998.

Legislative History

Amended by Stats. 2000, Ch. 862, Sec. 198. Effective January 1, 2001.