Statute · California Revenue and Taxation Code

Cal. Rev. & Tax. Code § 18530 — Individuals and Fiduciaries

Cal. Rev. & Tax. Code § 18530

Type
Statute
Source
California Revenue and Taxation Code
Jurisdiction
California
Date
2017-01-01
Current through
Nov 2, 2026 (California Legislative Counsel)

Where the amount shown as the tax by the spouses on a joint return made under Section 18522 exceeds the aggregate of the amounts shown as the tax upon the separate return of each spouse, each of the following shall apply:

Citator

Cal. Rev. & Tax. Code § 18530 — Individuals and Fiduciaries is in force in the current edition of the Code, and nothing recorded condemns it.

Where the amount shown as the tax by the spouses on a joint return made under Section 18522 exceeds the aggregate of the amounts shown as the tax upon the separate return of each spouse, each of the following shall apply:

(a) If any part of the excess is attributable to negligence or intentional disregard of rules and regulations (but without intent to defraud) at the time of the making of the separate return, then 20 percent of the total amount of the excess shall be assessed, collected, and paid, in lieu of the 20-percent addition to the tax provided in subdivision (a) of Section 19164.

(b) If any part of the excess is attributable to fraud with intent to evade tax at the time of the making of the separate return, then 75 percent of the total amount of the excess shall be assessed, collected, and paid, in lieu of the 75-percent addition to the tax provided in subdivision (b) of Section 19164.