Section 26000.61005 - Information Return Reporting(a)(1) The Franchise Tax Board's civil authority and procedures for purposes of compliance with notice and other due process requirements imposed by law to collect income taxes shall be applicable to the collection of the penalty imposed pursuant to subdivision (j) of section 61005 of the Revenue and Taxation Code.(2) The penalty imposed pursuant to subdivision (j) of section 61005 of the Revenue and Taxation Code shall be paid upon notice and demand by the Franchise Tax Board, and shall be assessed and collected pursuant to Part 10.2 (commencing with Section 18401).(3) Every notice of balance due for the penalty imposed pursuant to subdivision (j) of section 61005 of the Revenue and Taxation Code shall be mailed to the applicable entity within four years after March 31 of the year the return was required to be filed.(b)(1) An applicable entity must file the return required under subdivision (b) of section 61005 of the Revenue and Taxation Code on or before March 31 of the year following the calendar year in which it provided minimum essential coverage to an individual.(2) No penalty will be imposed under subdivision (j) of section 61005 of the Revenue and Taxation Code for returns required to be filed pursuant to subdivision (b) of section 61005 if the return is filed on or before May 31 of the year following the calendar year for which the return is required.(c)(1) Except for the applicable entities described in paragraphs (3) and (4) of subdivision (a) of Revenue and Taxation Code 61000, a penalty shall be imposed on an applicable entity that fails to make a return as required by subdivision (b) of Revenue and Taxation Code 61000 in an amount of fifty dollars ($50) per applicable individual covered by the applicable entity for a taxable year in which the failure occurs.(2) An applicable entity described in paragraph (2) of subdivision (a) of section 61000 of Revenue and Taxation Code 61000 shall not be required to make the return specified if the applicable entity that is described in paragraph (1) of subdivision (a) of section 61000 of the Revenue and Taxation Code makes that return.(3) If neither applicable entity described in paragraph (1) or (2) of subdivision (a) of Revenue and Taxation Code 61000 makes the required return, a penalty shall be imposed on both applicable entities.(d) An applicable entity required to file a return with the Internal Revenue Service under Internal Revenue Code sections 6055 or 6056 may submit that same return to the Franchise Tax Board to satisfy the requirement of subdivision (b) of section 61005 of the Revenue and Taxation Code until such time that the Franchise Tax Board prescribes a different form.(e)(1) Applicable entities submitting 250 returns or more within a calendar year are required to file the information required by section 61005 of the Revenue and Taxation Code using electronic technology.(2) No applicable entity is required to file returns using electronic technology unless the applicable entity is required to file 250 or more returns during the calendar year. Applicable entities filing fewer than 250 returns during the calendar year may make the returns on the prescribed paper form, or, alternatively, such applicable entities may file returns using electronic technology.(3) Returns submitted on paper forms shall be in accordance with section 61005 of the Revenue and Taxation Code.(4) For purposes of subdivision (b) of section 61005 of the Revenue and Taxation Code reporting, if the information reported on a return (including a transmittal required to be filed with the return) is incomplete or incorrect, a failure to timely file or furnish a corrected document is a failure to file or furnish a correct return under subdivision (b) of section 61005 of the Revenue and Taxation Code.(5) Any applicable entity required to file a return electronically under this section may annually request a waiver of the requirements of this section from the board with respect to a return required by subdivision (b) of section 61005 of the Revenue and Taxation Code filed for a taxable year. The Franchise Tax Board may grant a waiver if it determines the applicable entity is unable to comply with the requirements of this section due to technology constraints or where compliance would result in undue financial burden.Cal. Code Regs. Tit. 18, § 26000.61005
1. New section filed 12-17-2020; operative 12-17-2020. Submitted to OAL for filing and printing only pursuant to Revenue and Taxation Code section 61030(c) (Register 2020, No. 51). Note: Authority cited: Section 61030, Revenue and Taxation Code. Reference: Section 61005, Revenue and Taxation Code.
1. New section filed 12-17-2020; operative 12/17/2020. Submitted to OAL for filing and printing only pursuant to Revenue and Taxation Code section 61030(c) (Register 2020, No. 51).