Sales and Use Tax Information from BOE

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Information about Sales and Use Tax Information from BOE

Published on July 21, 2014

Author: RiversideOED



The State of California Board of Equalization has prepared a helpful guide to Sales and Use Tax Information that is important to businesses.

Sales/Use Tax Information 1 Locating Forms & Publications 2 First, select the “Forms & Pubs” Tab from the Home Page Then, under “Sales & Use Tax” click on either Forms or Publications  Allows sales to be made in California.  Must be issued in the owner’s name for each business address.  Does not allow buying items for personal use without paying tax. A Seller’s Permit ... 3

4 DO I NEED A SELLER’S PERMIT?  Every person, (i.e. individual, firm, partnership, corporation, etc.,)  Engaged in the business of selling or leasing tangible personal property  Wholesalers, as well as retailers, must secure such permit.  No fee is required to obtain a permit Analysis of the California Sales and Use Tax Law

ELECTRONIC REGISTRATION EREG  June 2012, the BOE implemented “eReg” an Internet-based registration system.  Taxpayers are able to register online for most tax and fee programs administered by the BOE.  The eReg system will identify the permits, licenses, and accounts a taxpayer is required to hold and will allow them to register for all of them by submitting one application Publication 214 – Doing Business Just Got Easier with eReg


Verify a Seller’s Permit Call 1-888-225-5263 Access our online resale verification program by accessing our website at Free BOE app on smart phones and tablets (iPhones/iPads) 7

8 WHAT IS SALES TAX?  Sales tax is imposed upon the retailer (seller) on the sale of tangible personal property at retail in the State of California. Analysis of the California Sales and Use Tax Law  Retailer may be reimbursed for the sales tax by their customers.  Tax is due based upon the gross receipts from retail sales.

9 What Is Use Tax? California purchaser owes and must pay the use tax due on items purchased for use, stored, consumed, or given away in California (without payment of tax). Analysis of the California Sales and Use Tax Law  Out-of-state retailers “engaged in business” in California must collect and pay use tax on items sold to Californian consumers.

10 When Might Use Tax Be Due? Analysis of the California Sales and Use Tax Law Resale Inventory Inventory items purchased with a resale certificate without payment of tax Items withdrawn from inventory for use other than resale (including use as gifts and free samples or for personal use) Use Tax Due= Billy’s Bikes

11 When Might Use Tax Be Due? Purchases from out-of- state businesses Use Tax Due Out-of-state seller does not collect and report the California use tax on your purchase Publication 123 – CA Businesses: How to Identify & Report CA Use Tax Due

12 How Do I Pay California Use Tax Due? If you have a Seller’s Permit, you must report your purchases subject to use tax on your Sales & Use Tax Return. If you do not have a Seller’s Permit or a Consumer Use Tax account, you may report purchases subject to use tax on: Your California Individual Income Tax Return filed with the Franchise Tax Board (FTB), or A Consumer Use Tax Return (form BOE 401-DS)

13 Food Products Food and beverages sold for consumption at your place of business, which are generally taxable Cold food products sold to-go The discussion of the taxability of food and beverage sales is divided into two categories:

14 Food Products Non-alcoholic & Non-carbonated beverages Most food items sold in grocery stores Snack foods Cold prepared food items sold “to go” Regulations 1602 & 1603 Publication 22 – Dining & Beverage Industry Publication 24 – Liquor Stores Publication 31 – Grocery Stores Non-Taxable Food Items

15 Labor Repair & Installation Labor or service charges related to a nontaxable sale are NOT taxable  Labor repair  Installation Fabrication AND Assembly Labor IS taxable! Fabrication is considered to be work done in creating, producing, processing, or assembling a product. Publication 108 – Labor Publication 9 – Construction and Building Contractors Publication 25 – Auto Repair Garages and Service Stations Publication 34 – Motor Vehicle Dealers Publication 35 – Interior Designers and Decorators Publication 37 – Graphic Design, Printing, and Publishing Publication 62 – Locksmiths Publication 125 – Dry Cleaners

16 Sales to the U.S. Government  Sales to the U.S. (federal) government or its instrumentalities (e.g. the Army) are typically not taxable.  Sales to the State of California, to counties and to cities are normally subject to tax.  Government purchase order or documents demonstrating direct payment by the United States are required to support any claimed exemption. Regulation 1614 Publication 102 – Sales to the U.S. Government

17 Sales in Interstate and Foreign Commerce  Title or possession must pass outside of California’s borders.  Must be shipped out of state by common carrier or retailer’s facilities.  If change of possession or title occurs in California, the sale is taxable unless otherwise exempt.  Must maintain shipping or export documents.

Charitable or Non-Profit Organizations Sales to, and sales by, charitable or non-profit organizations generally are subject to tax. A limited number of narrow exemptions are specified by statutes and regulations. You may find out more about non-profit organizations by checking our website. Publication 18 – Tax Tips for Nonprofit Organizations Regulations 1570, 1590 & 1597 18

Records of sales including: sales invoices, cash register tapes, sales journals, etc. Records of purchases including: purchase invoices, cancelled checks, purchase journals, etc. Documentation to support claimed exemptions such as: resale certificates, exemption certificates, purchase orders, shipping documents, etc. Normal books of account. Schedules or working papers used in preparing tax returns. Required records must be maintained for at least 4 years Publication 116 – Sales and Use Tax Records 19

Filing Requirements Yearly (Calendar Year) Fiscal Yearly (July 1 - June 30) Quarterly (Calendar Quarters) Quarterly Prepayment Quarterly Prepayment with EFT (Electronic Funds Transfer) A tax return (with payment) is due each period Even if no sales are made, you must file a “0” return E-filing is the BOE method for filing tax returns When you are issued a seller’s permit, the Board will assign you a reporting basis, based on the information you furnished. Publication 159 – eFiling 20

Top Common Mistakes to Avoid  Withdrawal from resale inventory for own use  Untaxed purchases from out-of-state vendors  Unsupported sales for resale  Difference between recorded and reported taxable sales  Reported sales lower than expected based upon mark-up purchases  Inadequate records resulting in unreported sales

Who is “Engaged in Business?” A retailer engaged in business in CA includes, but is not limited to, a retailer who:  Owns or leases real or tangible personal property, including a computer server; or  Derives rentals from a lease of tangible personal property  Maintains, occupies, or uses an office, place of distribution, sales or sample room , warehouse; or  Has a representative, agent, salesperson, etc. operating in California on the retailer’s behalf.

Any city or county with applicable district taxes will have a sales and use tax rate over 7.50% State Tax County Tax Local Tax *District Tax(es) Sales Tax Rate 6.5 0.25 0.75 2.5 0 1 2 3 4 5 6 7 %ofSalesTax Components of the Tax 23 * District Tax(es) may be up to 2.50%

District Taxes What is a District Tax?  Voter-approved special taxes that increase the total sales and use tax rate.  Applicable only in certain areas or “districts” Where is it applicable?  Any place where the sales and use tax rate is over 7.50% has applicable district taxes. Analysis of the Transactions Use Tax Law & Regulation 1823 24

District Taxes The retailer (seller) has a location in a district that imposes district taxes. The retailer (seller) physically enters a district that imposes district tax with their own truck to deliver an item. Salesmen of the retailer (seller) physically enter and solicit sales in a district that imposes district tax. 25 District taxes are applicable For a listing of cities with applicable District Taxes go to:

26 Free In-Person Seminars & Workshops News & Events Under “Events” Tab: Seminars & Workshops:  Business Owners  Women Entrepreneur  Restaurant  Cigarette/Tobacco Sellers  Sales & Use Tax Classes  International Fuel Tax (IFTA)  Town Hall Meetings  Nonprofit & Exempt  Tax Practitioner  Online Seminars & Resources

27 Industry Tax Guides One-Stop-Shop for owners and operators looking for tax and fee issues relevant to their business: Industries include:  Auto Repair Garages  Caterers  Construction Contractors  Gas Stations  Liquor Stores  Mobile Phone Vendors  Nonprofit Organizations  Restaurants  Tax Practitioners  More Industry Guides coming soon!

28 GET IT IN WRITING §6596 Revenue and Taxation Code Section 6596 - Excusable Delay-Reliance on Advice, states: “If the Board finds that a person’s failure to make a timely return or payment is due to the person’s reasonable reliance on written advice from the Board, the person may be relieved of taxes imposed by §6051 and §6201 and any penalty or interest added thereto...”

29 Taxpayers’ Rights Advocate 888-324-2798 If you have been unable to resolve a disagreement with the BOE and you would like to know more about your rights under the law. Publication 70 - Understanding Your Rights as a California Taxpayer

30 Taxpayer Information Section Taxpayer Information Section (general tax questions answered) 1-800-400-7115 Mon – Fri, 8:00 a.m. to 5:00 p.m. 24 hr. fax-back service for commonly requested forms and publications to choose from automatically faxed back to you.

31 Social Media BOE on the following social media outlets

32 Sample Return Scenario

33 BOE Other Taxes and Fees  The BOE administers over 30 other tax and fee programs, some that may apply to you if you operate a business in California.  These other programs are administered by the Property and Special Taxes Department.


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