If we have mistakenly levied
your account
If you paid bank charges because
of a mistake CDTFA made when
the agency levied your account, you
may be entitled to reimbursement.
You must le a reimbursement claim
with CDTFA within 90 days after we
issued the levy. Your claim should be
mailed to the CDTFA ofce that sent
the Notice of Levy.
Levying your salary or wages
CDTFA may issue a levy on your
wages, or an Earnings Withholding
Order, which typically seizes 25
percent of your after‑tax income from
each paycheck.
If you request a hardship hearing,
one will be provided to you by a
CDTFA supervisor or ofce lead
person. You will be asked to complete
a CDTFA‑403‑E, Individual Financial
Statement, and provide supporting
documentation of your inability
to pay. If you have a documented
hardship, the withholding order may
be reduced or released.
If CDTFA levies your salary or wages,
the levy will end when:
• The levy is released,
• You pay your amount due, or
• The time expires for legally
collecting the amount due.
To discuss your case, call the CDTFA
employee whose name is shown on
the Earnings Withholding Order.
Releasing your property
If CDTFA seizes property you hold,
such as your boat or vehicle, we may
release the property prior to its sale
date if:
• You pay the amount of CDTFA’s
interest in the property,
• You enter into an escrow
arrangement,
• You furnish an acceptable bond,
• You make an acceptable agreement
for paying the tax or fee, or
• The expense of selling your
property would be more than the
tax or fee debt.
Returning levied property
We can consider returning levied
property if:
• It is determined that we did not
follow our own procedures.
• You have entered into a payment
plan (see page 3).
• Returning the property will help
you pay your amount due.
• Returning the property is in the
state’s and your best interest.
• We receive a valid claim of
exemption or third‑party claim.
Assets legally exempt from levy are
listed on CDTFA‑425, Exemptions from
the Enforcement of Judgments, provided
to you with a copy of the Notice of
Levy. A claim of exemption must be
led within 10 days after the Notice of
Levy was delivered to you or 15 days
after the Notice was mailed.
If the levy captures property
belonging to another person who is
not liable for the unpaid tax or fee, the
person may le a third‑party claim.
The claim must be led before the
property is transferred to CDTFA.
CDTFA may require a higher
security deposit
If you have an active business
and have had a poor compliance
history, such as failing to pay a tax
return when due or paying with a
check that is dishonored, CDTFA
may require you to post security
to protect the state’s interests. If
you have already posted security,
CDTFA may increase the amount
of required security. Generally, you
may be required to post an amount
equal to six months of the average tax
owed by the business. The minimum
security requirement for a seller’s
permit is $2,000, the maximum is
$50,000. Security will be returned
after an account has had no payment
problems for three consecutive years.
To learn more about security
requirements for programs other than
Sales and Use Tax, you may call our
Customer Service Center at
1‑800‑400‑7115 (CRS:711) for assistance.
We may issue a “till-tap” or
“keeper” warrant
If you have an active business and
have not paid sales tax that is due
and nal, CDTFA may serve a civil
warrant to the California Highway
Patrol or the local sheriff to enter your
business and collect the gross receipts
or contents of the cash register(s).
A till‑tap warrant typically gives
instructions to the ofcer to collect
the contents of the till (cash register[s])
upon arrival at the place of business.
A keeper warrant typically instructs
the ofcer to leave a representative at
the place of business for a full day and
to collect the proceeds of the business.
A keeper warrant, however, may be
requested for a period up to 10 days.
CDTFA will generally use either
warrant only after verbal and written
requests and other avenues of
collection have been unsuccessful.
By law, CDTFA can collect the
warrant fees that are assessed by the
law enforcement agency from the
business owner.
CDTFA may revoke (suspend)
your seller’s permit
CDTFA may suspend your seller’s
permit if you do not le a tax return
on time or pay the sales or use tax
amount due on time. CDTFA may
also suspend your permit if the
agency requires you to post security
but you do not. Typically, CDTFA will
not suspend a permit unless we have
exhausted all other remedies.
Hearing notification
The Taxpayers’ Bill of Rights requires
that you be given 60 days notice prior
to revocation (suspension) of your
permit. A hearing will be scheduled
and you will be notied in writing of
the hearing date 10 days in advance.
Within those 10 days, you must
show why the permit should not be
suspended. If you do not respond,
your permit will be suspended. If you
do respond, your arguments will be
considered at the hearing.
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