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HomeGovernment CodeDiv. 3Pt. 2Ch. 5Art. 2.5§ 12437 Tax Liability Discharge

§ 12437 Tax Liability Discharge

Government Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 12437 Tax Liability Discharge

Key Takeaways

  • •If the state forgives a debt, you still have to pay taxes, fees, or other money you owe to the state.
  • •The Franchise Tax Board can forgive small debts (less than $500) or old debts (unpaid for over 30 years).
  • •If someone who owes taxes has died over 4 years ago and there’s no ongoing court case about their money, the debt can be forgiven.
  • •If the Franchise Tax Board decides you’re in permanent financial trouble, they can forgive your debt.

Example

A person owes the state $300 in old taxes but can’t afford to pay.

The Franchise Tax Board can forgive this debt because it’s less than $500.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 12437 Tax Liability Discharge

(a) Except as provided in subdivision (b), a discharge granted pursuant to this article to a state agency or employee does not release any person from the payment of any tax, license, fee, or other money that is due and owing to the state. (b) A discharge granted pursuant to this article to the Franchise Tax Board shall release a person from a liability for the payment of any tax, fee, or other liability deemed uncollectible that is due and owing to the state and extinguish that liability, if at least one of the following conditions is met: (1) The liability is for an amount less than five hundred dollars ($500). (2) The liable person has been deceased for more than four years and there is no active probate with respect to that person. (3) The Franchise Tax Board has determined that the liable person has a permanent financial hardship. (4) The liability has been unpaid for more than 30 years. (Added by renumbering Section 13943.1 by Stats. 2016, Ch. 31, Sec. 114. (SB 836) Effective June 27, 2016.)

Last verified: January 22, 2026

Key Terms

dischargeFranchise Tax Boardliabilitypermanent financial hardship

Related Statutes

  • § 12434 Discharge Application Requirements
  • § 12435 Controller Debt Write-Off Criteria
  • § 12419.10 State Debt Collection Offsets
  • § 12419.12 Toll Debt Tax Refund Offset
  • § 12419.2 Debt Offset Program Administration

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Government Code. Section 12437.
View Official Source