If you pay an illegal tax, you deserve to get your money back. There’s no good reason the state should keep money that rightfully belongs to taxpayers.

The Democrats in the Assembly Revenue and Taxation Committee disagree, and today they again blocked commonsense legislation to protect taxpayers. AB 867 (Wagner), which I sponsored, would have required the State of California to provide a full refund to all individuals who paid a tax later declared illegal or unconstitutional.

Currently, taxpayers are only eligible to receive refunds if they have exhausted all their administrative appeals remedies, even if the tax they paid is later declared illegal or unconstitutional.

AB 867, which was supported by taxpayer advocacy groups, would have required the state to automatically issue refunds to taxpayers whose information is up to date. It also would have opened up an additional appeals period of one year after a state tax is declared illegal or unconstitutional, giving taxpayers a chance to apply for the refunds they deserve.

Assemblyman… Read More

This year, I am sponsoring legislation to extend common sense protections to taxpayers. Assembly Bill 867, authored by Assemblyman Donald Wagner, would require the state to provide a full refund to all individuals who paid a tax later declared unconstitutional or illegal.

AB 867 is identical to AB 2510 (Wagner) and SB 1327 (Knight), legislation I sponsored in 2014. Legislative committees blocked both bills from advancing last year.

It is criminal that the State of California can keep money it illegally collects from its citizens. Anyone who in good faith pays what ends up being an illegal tax should get their money back. It’s as simple as that.

Currently, taxpayers are only eligible to receive refunds if they have exhausted all their administrative appeals remedies, even if the tax they paid is later declared illegal or… Read More

Did you know, if the State of California takes your money in the form of an illegal tax or fee, you might not be able to get it back?

I was outraged when I first learned if a taxpayer pays a tax or fee that is later found to be unconstitutional or illegal in court, the government does not necessarily have to refund their money.

Currently, taxpayers are only eligible to receive refunds if they have exhausted all of their “administrative appeals remedies,” even if the tax they paid is later declared illegal or unconstitutional.

In order for taxpayers to exhaust their “administrative appeals remedies” they must file a timely refund claim with the proper agency. The time period to file a refund claim is different for each tax and fee program, ranging anywhere from 30 days to several years.

That’s right; your state government will keep any and all money it illegally took from you, unless you have already jumped through several confusing administrative hoops – even hoops that you were never aware of.

That’s why this legislative session, I am proud to sponsor legislation to change this situation by extending important, common sense… Read More

It is criminal that the State of California can keep money it illegally collects from its citizens. Anyone who in good faith pays what ends up being an illegal tax should get their money back. It’s as simple as that.

That’s why this legislative session, I am proud to be sponsoring legislation to extend common sense protections to taxpayers. Two identical measures, AB 2510 (Wagner) and SB 1327 (Knight), would require the state to provide a full refund to all individuals who paid a tax later declared unconstitutional.

Currently, taxpayers are only eligible to receive refunds if they have exhausted all their administrative appeals remedies, even if the tax they paid is later declared illegal. AB 2510 and SB 1327 would require the state to automatically issue refunds to taxpayers whose information is up to date. It would also open up an additional appeals period of one year after a state tax is declared unconstitutional, giving taxpayers a chance to… Read More