OTA: appeal from FTB denial of refund claim (90 days after FTB mails notice)
90 days after ftb mails notice of action denying a claim for refund, under RTC 19324; 18 CCR 30203(a)(2), 30204, 30205.
Rule text
RTC 19324(a): "Except as provided in subdivision (b), at the expiration of 90 days from the mailing of the notice, the Franchise Tax Board’s action upon the claim is final unless within the 90-day period the taxpayer appeals in writing from the action of the Franchise Tax Board to the board." 18 CCR 30203(a)(2): "Notice of action (denial of refund). Within 90 days from the date FTB mails a notice of action on cancellation, credit, or refund, or any other notice that denies a claim for a refund of tax, penalties, fees, or interest."
RTC 19324; 18 CCR 30203(a)(2), 30204, 30205, official source
Calculate this deadline
- Trigger (FTB mails notice of action denying a claim for refund): Friday, November 6, 2026.
- Exclude the trigger day and count 90 calendar days: Thursday, February 4, 2027.
RTC 19324; 18 CCR 30203(a)(2), 30204, 30205
RTC 19324(a): "Except as provided in subdivision (b), at the expiration of 90 days from the mailing of the notice, the Franchise Tax Board’s action upon the claim is final unless within the 90-day period the taxpayer appeals in writing from the action of the Franchise Tax Board to the board." 18 CCR 30203(a)(2): "Notice of action (denial of refund). Within 90 days from the date FTB mails a notice of action on cancellation, credit, or refund, or any other notice that denies a claim for a refund of tax, penalties, fees, or interest."Official source
Gov. Code 6800; Gov. Code 6707 (filings with a state agency); CCP 12, 12a, 13; agency rules 8 CCR 10600 (WCAB), 8 CCR 32130 (PERB), 22 CCR 5000 'Holiday' definition (CUIAB)
Gov. Code 6800: "The time in which any act provided by law is to be done is computed by excluding the first day, and including the last, unless the last day is a holiday, and then it is also excluded." Gov. Code 6707: "When the last day for filing any instrument or other document with a state agency falls upon a Saturday or holiday, such act may be performed upon the next business day with the same effect as if it had been performed upon the day appointed." 8 CCR 10600: "(a) The time in which any act provided by these rules is to be performed is computed by excluding the first day and including the last. (b) Unless otherwise provided by law, if the last day for exercising or performing any right or duty to act or respond falls on a weekend, or on a holiday for which the offices of the Workers' Compensation Appeals Board are closed, the act or response may be performed or exercised upon the next business day." 8 CCR 32130(a)-(b) (PERB): "(a) In computing any period of time under these regulations, except under Section 32776(c), (d), (e) and (f), the period of time begins to run the day after the act or occurrence referred to. (b) Whenever the last date to file a document falls on Saturday, Sunday, or a holiday, as defined in Government Code Sections 6700 and 6701, or PERB offices are closed, the time period for filing shall be extended to and include the next regular PERB business day. The extension of time provided herein shall be applied subsequent to the application of any other extension of time provided by these regulations or by other applicable law." CCP 12a(a): "If the last day for the performance of any act provided or required by law to be performed within a specified period of time is a holiday, then that period is hereby extended to and including the next day that is not a holiday. For purposes of this section, “holiday” means all day on Saturdays, all holidays specified in Section 135 and, to the extent provided in Section 12b, all days that by terms of Section 12b are required to be considered as holidays."Official source
- If FTB fails to act within 6 months of the claim, the taxpayer may treat it as denied and appeal at any time before FTB mails notice (RTC 19331; 30203(a)(9)); not modeled. Other FTB notice types (innocent spouse 30 days, interest abatement 30/90 days, jeopardy 60 days) are in 30203(a)(3)-(10) and not modeled separately.; a last day for mailing or delivering an appeal on a Saturday, Sunday or California State holiday extends to the next business day (18 CCR 30205). An appeal is timely if MAILED to or received by OTA within the period (18 CCR 30203(a)); postmark controls (30205). Mail extension: 18 CCR 30204 extends the deadline to file an appeal or petition for rehearing with OTA by 5/10/20 days (CCP 1013) when the notice or decision was MAILED, "unless the law provides otherwise." Whether a statutory finality period (RTC 19045, 19048, 19324, 19334) "provides otherwise" is not addressed in the regulation; LAWYER REVIEW, and the conservative practice is to file within the unextended period or by the date printed on the notice. Not applied to electronic notices (30204 refers to mailing only).
- If the clerk's office is closed or inaccessible on the last day (weather, emergency or local closure orders), the deadline may be extended. Check local orders.
This calculator applies the cited rules to the dates you enter. It is not legal advice. Court orders, local rules, and case-specific facts can change a deadline; verify before relying on it. Rule set pending attorney review.
Worked example
FTB mails notice of action denying a claim for refund on Monday, March 15, 2027, personal service: due Monday, June 14, 2027.
- Trigger (FTB mails notice of action denying a claim for refund): Monday, March 15, 2027.
- Exclude the trigger day and count 90 calendar days: Sunday, June 13, 2027.
- That day is a Sunday, so the deadline moves to the next court day: Monday, June 14, 2027 (Gov. Code 6800; Gov. Code 6707 (filings with a state agency); CCP 12, 12a, 13; agency rules 8 CCR 10600 (WCAB), 8 CCR 32130 (PERB), 22 CCR 5000 'Holiday' definition (CUIAB)).
Unsettled points
- A last day on a Saturday or Sunday moves to the next business day (18 CCR 30205; Gov. Code 6707). Only days that are state holidays under both Gov. Code 6700 and Gov. Code 19853 also extend it, so a deadline on Friday, November 27, 2026 (the day after Thanksgiving, a holiday only under 19853) stays on November 27.Other reading: Cautious reading: if a regulation cannot extend these statutory finality periods (RTC 19045, 19048, 19324, 19334), file by the prior business day. A deadline on Sunday, December 6, 2026 would then be Friday, December 4.
- A last day on a Saturday or Sunday moves to the next business day (18 CCR 30205; Gov. Code 6707). Only days that are state holidays under both Gov. Code 6700 and Gov. Code 19853 also extend it, so a deadline on Friday, November 27, 2026 (the day after Thanksgiving, a holiday only under 19853) stays on November 27.Other reading: If the day after Thanksgiving counts as a California State holiday because state offices, including OTA, are closed that day (Gov. Code 19853), a November 27, 2026 deadline moves to Monday, November 30.
Notes
If FTB fails to act within 6 months of the claim, the taxpayer may treat it as denied and appeal at any time before FTB mails notice (RTC 19331; 30203(a)(9)); not modeled. Other FTB notice types (innocent spouse 30 days, interest abatement 30/90 days, jeopardy 60 days) are in 30203(a)(3)-(10) and not modeled separately.; a last day for mailing or delivering an appeal on a Saturday, Sunday or California State holiday extends to the next business day (18 CCR 30205). An appeal is timely if MAILED to or received by OTA within the period (18 CCR 30203(a)); postmark controls (30205). Mail extension: 18 CCR 30204 extends the deadline to file an appeal or petition for rehearing with OTA by 5/10/20 days (CCP 1013) when the notice or decision was MAILED, "unless the law provides otherwise." Whether a statutory finality period (RTC 19045, 19048, 19324, 19334) "provides otherwise" is not addressed in the regulation; LAWYER REVIEW, and the conservative practice is to file within the unextended period or by the date printed on the notice. Not applied to electronic notices (30204 refers to mailing only).
Related deadlines
- CUIAB: appeal EDD eligibility determination to ALJ (30 days from service of notice) (30 days after)
- CUIAB: appeal EDD notice of overpayment to ALJ (30 days from mailing or service) (30 days after)
- CUIAB: employer petition for review or reassessment (30 days after service of notice of assessment) (30 days after)
- CUIAB: appeal ALJ decision to the Appeals Board (30 days after mailing of decision) (30 days after)
- SPB: answer/appeal of adverse action (30 calendar days after effective date of the action) (30 days after)
- PERB: statement of exceptions to Board agent's proposed decision (20 days after service) (20 days after)
- PERB: response to exceptions (and any cross-exceptions) (20 days after service of exceptions) (20 days after)
- PERB: response to cross-exceptions (20 days) (20 days after)
Rules current as of 2026-10-27. Confirm against the official source and any local rule or court order before relying on a date. Rules changelog.