Laws, Regulations & Annotations

Business Taxes Law Guide – Revision 2014
 

Sales And Use Tax Law

CHAPTER 1. GENERAL PROVISIONS AND DEFINITIONS

Section 6012.2

6012.2. Mobilehomes; current value. (a) For purposes of this part, "gross receipts" from the sale of a used mobilehome, as defined in Section 18014 of the Health and Safety Code, and the "sales price" of a used mobilehome, sold or stored, used, or otherwise consumed in this state shall be based on the current value of the used mobilehome as specified by a recognized value guide, whenever a registered or legal owner sells a used mobilehome through a person licensed under the Health and Safety Code as a dealer and not on the dealer's own account or through a licensed real estate broker acting pursuant to Section 10131.6 of the Business and Professions Code, or whenever a purchaser of a used mobilehome is required to pay the use tax to the Department of Housing and Community Development. If the value guide does not specify the model or manufacturer of a used mobilehome, the value of the used mobilehome shall be established by reference to the highest value in the value guide according to age and size or the actual sales price, whichever is less. If the actual sales price of a used mobilehome is less than the current value specified in the value guide, the "sales price" and "gross receipts" shall be based on the actual sales price of the mobilehome as evidenced by the purchase documents. The State Board of Equalization shall approve the value guides for use within this state through regulation.

(b) For the purposes of this part, "gross receipts" from the sale of a mobilehome, whether new or used, shall exclude the amount of separately stated escrow fees on the sale of such mobilehome.

(c) For the purposes of this section, the "actual sales price" means the total contract price, including, but not limited to, the value of the mobilehome, in place location, awning, skirting, carport, patio, landscaping, shrubs, unattached furnishings, or other items not part of the mobilehome, and documentation fees.

History.—Added by Stats. 1979, Ch. 863, effective January 1, 1980. Stats. 1982, Ch. 1591, in effect September 30, 1982, operative January 1, 1983, substituted "Section 18014 of the Health and Safety Code" for "Sections 396 and 665 of the Vehicle Code" after "defined in," "be based on . . . value guide" for "exclude the . . . as a vehicle," before "when," and "Health and Safety Code" for "Vehicle Code" after "under the," in the first sentence of, and added the second sentence to, subdivision (a); and, added subdivision (C). Stats. 1984, Ch, 1707, effective January 1, 1985, substituted "determined" for "specified" after "Mobilehome as" in (a), deleted "If the value . . . purchase documents," before last sentence in (a). Stats. 1985, Ch. 1539, effective January 1, 1986, substituted "specified" for "determined", added "if the value . . . by purchase documents" in subdivision (a), deleted "and the . . . or used" before "shall exclude" in subdivision (b), deleted repeal language and added "for the . . . documentation fees" in subdivision (c).

6012.2. Mobilehomes; exclusions. [Repealed by Stats. 1985, Ch. 1539, effective January 1, 1986.]