§ 6592. — 6592. (Amended by Stats. 2022, Ch. 474, Sec. 4.)

(a)
(1)
If the department finds that a person’s failure to make a timely return or payment is due to reasonable cause and circumstances beyond the person’s control, and occurred notwithstanding the exercise of ordinary care and the absence of willful neglect, the person shall be relieved of the penalties provided by Sections 6452.05, 6476, 6477, 6479.3, 6480.4, 6511, 6565, 6591, 7051.2, 7073, and 7074.
(2)
If the department finds, with respect to the information return required by Section 6452.05, that a person’s failure to accurately disclose information is due to reasonable cause and circumstances beyond the person’s control, and occurred notwithstanding the exercise of ordinary care and the absence of willful neglect, the person shall be
relieved of the relevant penalty provided by Section 6591.3.
(b)
Except as provided in subdivisions (c) and (d), a person seeking to be relieved of the penalty shall file with the department a statement under penalty of perjury setting forth the facts upon which the person bases the claim for relief.
(c)
(1)
Subject to paragraph (2), the department may grant relief of the penalty for any person in an area identified in a state of emergency proclamation made by the Governor for the period the state of emergency proclamation is effective, regardless of whether the person has filed a statement with the department pursuant to subdivision (b).
(2)
The department may grant the relief in paragraph (1) only during the first 12 months following the issuance of the state of emergency proclamation or the
duration of the state of emergency, whichever is less.
(d)
The department shall establish criteria that provides for efficient resolution of requests for relief pursuant to this section.

Legislative History

Amended by Stats. 2022, Ch. 474, Sec. 4. (SB 1496) Effective January 1, 2023.