PART 9.5. GENERATION SKIPPING TRANSFER TAX [16700. - 16950.]

Part 9.5 added by Stats. 1977, Ch. 1079.

§§ 16700–16950 · 44 sections

CHAPTER 1. Definitions §§ 16700–16704 · 5 sections
- § 16700 This part is known as the “Generation Skipping Transfer Tax Law.”
- § 16701 Except where the context otherwise requires, the definitions given in this chapter govern the construction of this part.
- § 16702 “Generation-skipping transfer” includes every transfer subject to the tax imposed under Chapter 13 of Subtitle B of the Internal Revenue Code of 1986, as…
- § 16703 “Original transferor” means any grantor, donor, trustor or testator who by grant, gift, trust or will makes a transfer of real or personal property that…
- § 16704 “Federal generation-skipping transfer tax” means the tax imposed by Chapter 13 of Subtitle B of the Internal Revenue Code of 1986, as amended.
CHAPTER 2. Imposition of the Tax §§ 16710–16734 · 9 sections
1. ARTICLE 1. Tax Imposed § 16710 · 1 section
  - § 16710 (a) A tax is hereby imposed upon every generation-skipping transfer in an amount equal to the amount allowable as a credit for state generation-skipping…
2. ARTICLE 2. Returns §§ 16720–16722 · 3 sections
  - § 16720 Every person required to file a return reporting a generation skipping transfer under applicable federal statute and regulations shall file a return with the…
  - § 16721 The return shall contain such information and be in such form as the Controller may prescribe and shall state the amount of tax due under the provisions of…
  - § 16722 If, after the filing of a duplicate return, the federal authorities shall increase or decrease the amount of the federal generation skipping transfer tax, an…
3. ARTICLE 3. Deficiency Determination §§ 16730–16734 · 5 sections
  - § 16730 In a case not involving a false or fraudulent return or failure to file a return, if the Controller determines at any time after the tax is due, but not later…
  - § 16731 In the case of a false or fraudulent return or failure to file a return, the Controller may determine the tax at any time.
  - § 16732 In any case in which a deficiency has been determined in an erroneous amount, the Controller may, within three years after the erroneous determination was…
  - § 16733 The Controller shall give notice of the deficiency determined, together with any penalty for failure to file a return or to show any transfer in the return…
  - § 16734 In any case in which it is claimed that a deficiency has been determined in an erroneous amount, any person who is liable for the tax may, within three years…
CHAPTER 3. Payment of Tax §§ 16750–16761 · 6 sections
1. ARTICLE 1. Generally §§ 16750–16753 · 4 sections
  - § 16750 The person liable for payment of the federal generation skipping transfer tax shall be liable for the tax imposed by this part.
  - § 16751 The tax imposed by this part is due upon a taxable distribution or a taxable termination as determined under applicable provisions of the federal generation…
  - § 16752 The tax becomes delinquent from and after the last day allowed for filing a return for the generation skipping transfer.
  - § 16753 The tax shall be paid to the State Controller by remittance payable to the State Treasurer.
2. ARTICLE 2. Interest and Penalties §§ 16760–16761 · 2 sections
  - § 16760 If the tax is not paid before it becomes delinquent, it bears interest thereafter and until it is paid at the same rate per annum as provided in Section…
  - § 16761 Every payment on the tax imposed by this part is applied, first, to any interest due on the tax, and then, if there is any balance, to the tax itself.
CHAPTER 4. Collection of Tax §§ 16800–16830 · 5 sections
1. ARTICLE 1. Suit for Tax § 16800 · 1 section
  - § 16800 The state may enforce its claim for any tax imposed by this part and enforce the lien of the tax by a civil action in any court of competent jurisdiction…
2. ARTICLE 2. Lien of Tax § 16810 · 1 section
  - § 16810 The tax imposed by this part is a lien in the manner prescribed in Section 13610 upon the property transferred from the time the generation skipping transfer…
3. ARTICLE 3. Writ of Execution §§ 16820–16821 · 2 sections
  - § 16820 At any time after a tax imposed by this part is delinquent, the Controller may have a writ of execution issued for the enforcement of any judgment rendered…
  - § 16821 The writ shall be executed against any property of any person liable for the tax, or against any property subject to the lien of the tax.
4. ARTICLE 4. Miscellaneous § 16830 · 1 section
  - § 16830 Proceedings for the collection of any tax imposed by this part may be commmenced at any time after the tax is due and within 10 years from and after the time a…
CHAPTER 5. Refunds §§ 16850–16870 · 7 sections
1. ARTICLE 1. When Allowable §§ 16850–16852 · 3 sections
  - § 16850 If the Controller finds that there has been an overpayment of tax by a taxpayer for any reason, the amount of the overpayment shall be refunded to the taxpayer.
  - § 16851 No refund shall be allowed or made after four years from the last day prescribed for filing the return or after one year from the date of the overpayment,…
  - § 16852 Any person who has paid any tax imposed by this part which later is determined by judgment to have been in excess of the amount legally due, or an heir, the…
2. ARTICLE 2. Suit for Refund §§ 16860–16862 · 3 sections
  - § 16860 Within four years from the last date prescribed for filing the return or within one year from the date the tax was paid, or within 90 days after a…
  - § 16861 Process in the action directed to the state shall be served on the Controller.
  - § 16862 After a hearing in which the Controller shall represent the state, the court shall review the Controller’s appraisement and determination of tax, and, as the…
3. ARTICLE 3. Interest on Refunds § 16870 · 1 section
  - § 16870 Interest shall be allowed and paid upon any overpayment of tax due under this part in the same manner as provided in Section 6621(a)(1) and 6622 of the…
CHAPTER 6. Court Jurisdiction and Procedure Generally §§ 16880–16890 · 3 sections
1. ARTICLE 1. Court Jurisdiction §§ 16880–16881 · 2 sections
  - § 16880 The superior court of the county in which a transferor resident of this state resided at the date of any generation skipping transfer made by him has…
  - § 16881 In the case of a transferor who was not a resident of this state at the date of any generation skipping transfer made by him, the superior court of the county…
2. ARTICLE 2. Court Procedure Generally § 16890 · 1 section
  - § 16890 Except as otherwise provided in this part, the provisions of the Code of Civil Procedure relative to judgments, new trials, appeals, attachments and execution…
CHAPTER 7. Administration §§ 16900–16911 · 8 sections
1. ARTICLE 1. Generally §§ 16900–16905 · 6 sections
  - § 16900 This part is administered by the Controller.
  - § 16901 The Controller may employ such assistants, including attorneys, as may from time to time be necessary for the proper administration of this part.
  - § 16902 The Controller may make and enforce rules and regulations relating to the administration and enforcement of this part, and may prescribe the extent, if any, to…
  - § 16903 Under rules and regulations upon which the Controller and Franchise Tax Board may agree, the Franchise Tax Board shall cooperate in the enforcement of this…
  - § 16904 Under rules and regulations upon which the Controller and State Board of Equalization may agree, the State Board of Equalization shall cooperate in the…
  - § 16905 The Controller on his own motion may appear in behalf of the state in any and all generation skipping transfer tax matters before any court.
2. ARTICLE 2. Inspection of Records §§ 16910–16911 · 2 sections
  - § 16910 All information and records acquired by the Controller or any of his employees are confidential in nature, and, except insofar as may be necessary for the…
  - § 16911 The Controller may allow any local, state, or federal official charged with the administration of any tax law to examine his generation skipping transfer tax…
CHAPTER 8. Disposition of Proceeds § 16950 · 1 section
- § 16950 All money due under this part shall be paid to the Controller by remittance payable to the State Treasurer. The amounts received shall be deposited, after…