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California now paying interest on corporation overpayments! Will this lead to faster corporate refunds?

For the period of July 1, 2017 through 12/31/2017 Pursuant to Section 19521 (formerly 19269) of the Revenue and Taxation Code, the adjusted interest rate paid on corporation overpayments is 1%. This marks the first time since 2009 that California has paid interest on corporate overpayments.  For January 1, 2009 through June 30, 2009 the adjusted interest rate paid on corporation overpayments was 2 percent.

FTB has announced adjusted interest rates are 4%  and 1 % (corporation overpayments) for the period January 1, 2018 through June 30, 2018.

So if California can earn 4%  or more while only paying out 1%, my thoughts are this will not materially impact the processing of corporate overpayments. But hey, let's take the 1%! 

Interest is allowed on overpayments from the date of overpayment to 13 days prior to the current date for manual refunds and seven days for automated refunds. This ensures that the interest is allowed to a date within 30 days of the refund issue date.

Interest must be allowed on overpaid returns if the refund warrant is not dated within 90 days of the return due date or the received date of the return, whichever is later. In the case of a late filed return, no interest will be allowed for any day before the filing date.

Interest Is Allowed on:

  • Payments not claimed on the return (estimates, extensions, etc.) 
  • Payments received with the return
  • Billing payments
  • Overpayments of tax and applicable penalties
  • Limited Liability Company fees
  • Payments requested by collections
  • Tax rate adjustments (ex: bank tax rate) credit balances created when FTB has applied an overpayment to a balance due on another year and the taxpayer also pays the balance due

Interest Is Not Allowed on:

  • Overpayments applied as an estimate payment for the year immediately following Payments of exempt return fees
  • Overpayments on decertified Secretary of State (SOS) certifications or overpayments of SOS certifications
  • Overpayments sent to FTB in error (e.g., payments meant for Internal Revenue Service, Employment Development Department, Board of Equalization, etc.) 
  • Voluntary payments (taxpayer specifically states it is a deposit or cash bond) Interest prior to July 1, 1983
  • Collection fees
  • Filing enforcement fees

https://www.ftb.ca.gov/individuals/faq/ivr/617.shtml

steve@stevesimsea.com