How will the Boards voluntary disclosure programs be impacted?
The Board is authorized by statute to offer two voluntary disclosure programs. One for qualified out-of-state retailers with nexus in California (Rev. & Tax. Code §6487.05) and the other for qualified in-state purchasers (Rev. & Tax. Code § 6487.06). Both of these programs limit the statute of limitations (the time in which the Board can issue a notice of determination) to three years. Persons who qualify for either voluntary disclosure program are in general, liable under the three-year statute of limitations. If any period within the three-year statute of limitations was for reporting periods beginning before January 1, 2003, and still open to issue a notice of determination as of August 16, 2004, the Board could issue a notice of determination for that reporting period based on the extended ten-year statute of limitations. The ten-year statute of limitations would not reopen periods for which the three-year statute of limitations expired prior to August 16, 2004. In addition, if the
