Laws, Regulations & Annotations

Business Taxes Law Guide – Revision 2011
 

Sales And Use Tax Regulations

Article 6. Specific Businesses Engaged in Retailing

Regulation 1572

Regulation 1572. Memorial Dealers.

Reference: Sections 6006 and 6010–6012, Revenue and Taxation Code.

(a) MEMORIAL DEALERS AS RETAILERS. Memorial dealers are retailers of the tombstones, markers, and other memorials sold by them, and the consumers of materials, such as cement, used in setting the memorial in the cemetery. The term memorial dealer includes cemeteries which sell memorials.

(b) MEASURE OF TAX—CEMETERY INSTALLATIONS BY MEMORIAL DEALERS. When the memorial dealer agrees to furnish a memorial and to set it in the cemetery, the dealer must segregate on the invoice presented to his customer, and in his records, the fair retail selling price of the memorial from the charge for setting the memorial in the cemetery. Tax applies to the sale to the customer measured by the fair retail selling price of the memorial, including charges for cutting, shaping, polishing, or lettering the memorial, or for transporting the memorial to the cemetery. Tax does not apply to the charge for the labor of setting the memorial in the cemetery. Tax applies to the sale to or the use by the memorial dealer of the material consumed in the installation of the memorial.

(c) CEMETERIES CONSTRUCTING FOUNDATIONS. When a cemetery constructs a foundation upon which a memorial dealer places a memorial the cemetery is the consumer of the materials furnished in the construction of the foundation and tax applies to the sale to or the use by it of the material consumed in constructing the foundation. This is the case, whether a cemetery collects charges for the foundation from the memorial dealer or directly from the customer of the memorial dealer.

(d) SEGREGATION OF CHARGES. If the memorial dealer or cemetery does not segregate the retail selling price of the memorials from the charges for installation of the memorials and the construction of the foundations, a segregation of these charges will be determined by the Board based on information available to it.

History: Effective August 1, 1933.

Adopted as of January 1, 1945, as a restatement of previous rulings.

Amended and renumbered August 5, 1969, effective September 6, 1969.

Amended February 28, 1978, effective March 30, 1978. Required separation of material and labor on bill.

Amended December 7, 1978, effective February 18, 1979. Subsection (d) was amended to delete language pertaining to excess tax reimbursement.