Is Cal. Rev. & Tax. Code § 6961 — Recovery of Erroneous Refunds still in force?

Statute · California Revenue and Taxation Code

Cal. Rev. & Tax. Code § 6961 — Recovery of Erroneous Refunds

Cal. Rev. & Tax. Code § 6961

Type: Statute
Source: California Revenue and Taxation Code
Jurisdiction: California
Date: 1995-01-01
Current through: Nov 2, 2026 (California Legislative Counsel)

(a) The Controller may recover any refund or part thereof that is erroneously made and any credit or part thereof that is erroneously allowed in an action brought in a court of competent jurisdiction in the County of Sacramento in the name of the people of the State of California.

Citator

Cal. Rev. & Tax. Code § 6961 — Recovery of Erroneous Refunds is in force in the current edition of the Code, and nothing recorded condemns it.

(b) As an alternative to subdivision (a), the board may recover any refund or part thereof that is erroneously made and any credit or part thereof that is erroneously allowed. In recovering any erroneous refunds or credits, the board, in its discretion, may issue a deficiency determination in accordance with Article 2 (commencing with Section 6481) or Article 4 (commencing with Section 6536) of Chapter 5. Except in the case of fraud, the determination shall be made within three years from the last day of the month following the quarterly period in which the board made its certification to the Controller that the amount collected was in excess of the amount legally due.