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Form 1128 California San Bernardino: What You Should Know

Forms filed under the FT notice is an assessment of interest at the applicable state rate, plus 30 cents, from the effective tax date on the date the notice to the FT is submitted. This means the FT has three weeks to file an amendment with the State Department of Tax and Fee Administration. If any of the documents filed on or before the effective tax date are still in dispute with other state agencies, the state tax department has 30 days to take whatever action it deems appropriate. If the FT fails to file the document or does not amend the document at the timely request of the FT, the state department is entitled to a penalty. Forms filed due to a state investigation are an assessment of interest, plus 30 cents, from the date of the return's filing to the date the report is received  If the FT refuses to pay a penalty assessed by the state tax department, the state department may enter into a collection action against the FT. Any unpaid penalty assessed by the state has a lien on all FT property. Forms submitted under FT notice are not necessarily the actual tax return. Tax returns and tax statements issued by the FT are considered public records in California except the tax statements issued during the period that the FT is in a tax dispute. Taxpayers may disclose the contents of their tax return through any of the following: Disclosure through an application or application for a certificate of tax filing compliance. Disclosure by request of the FT, its officer, or any other person or agency that is a party to a tax dispute or investigation. Disclosure by disclosure to a certified public accountant. Disclosure by a public agency, including, but not limited to, the state agency, in a court proceeding. To avoid being ordered by a court to disclose public documents in response to a public records request, a taxpayer may instead disclose the contents of the tax return through a statement submitted to the FT. The contents of a tax return may not be disclosed if the FT obtains an exemption from disclosure as described above. However, if an employer fails to comply with FT notice, the FT may file a civil penalty order and the state can seek a forfeiture of wages and/or damages based upon the failure. Forms filed with the Commission after June 8, 2019, are non-compliant. They should be filed with Form 2128. If you have a question, send it to FT Tax Processing at FTPAIRftps.ca.

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