Laws, Regulations & Annotations

Business Taxes Law Guide – Revision 2013
 

Sales And Use Tax Law

CHAPTER 4. EXEMPTIONS

Article 1. General Exemptions

Section 6362.8

6362.8. Newspaper and periodicals distributed by nonprofit organizations. (a) There are exempted from the taxes imposed by this part, the gross receipts from the sale of, and the storage, use, or other consumption in this state, of tangible personal property that becomes an ingredient or component part of any newspaper or periodical regularly issued at average intervals not exceeding three months, or any such newspaper or periodical.

(b) This section shall apply only with respect to any of the following:

(1) Any newspaper or periodical that is published or purchased by an organization that qualifies for tax-exempt status under Section 501(c)(3) of the Internal Revenue Code and is distributed to the members of the organization in consideration of payment of the organization's membership fee, or to the organization's contributors.

(2) Any newspaper or periodical that is published by an organization that qualifies for tax-exempt status under Section 501(c)(3) of the Internal Revenue Code and does not receive revenue from, or accept, any commercial advertising.

(3) Any newspaper or periodical distributed by a nonprofit organization for which both of the following apply:

(A) Distribution is to any member of the nonprofit organization in consideration, in whole or in part, of payment of the organization's membership fee.

(B) The amount paid or incurred by the nonprofit organization for the cost of printing the newspaper or periodical is less than 10 percent of the membership fee attributable to the period for which the newspaper or periodical is distributed.

History.—Added by Stats. 1991, Ch. 461, in effect October 1, 1991, operative November 1, 1991. Stats. 1992, Ch. 903, in effect September 25, 1992, operative November 1, 1992, added "regularly issued at . . . months" after "periodical" in subdivision (a); substituted "and is distributed" for ", and to which any of the following apply: (A) Distribution" in paragraph (1) of subdivision (a), substituted "(2) Any . . . Code and" for "(B) The publication" in paragraph (2) of subdivision (b), and renumbered former paragraph (2) of subdivision (a) as paragraph (3).