Laws, Regulations & Annotations

Business Taxes Law Guide – Revision 2013
 

Sales and Use Tax Annotations


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B

135.0000 BANKS AND INSURANCE COMPANIES—Regulation 1567

Annotation 135.0370

135.0370 Shipment from Point Inside California. An insurance company includes a stamp on purchase orders specifying that title to merchandise purchased passes upon delivery by the seller to a common carrier outside California. For goods shipped from points outside California, sales tax does not apply to the sale. Since insurance companies are exempt from use tax, no tax applies to transactions of this type. However, if the goods are shipped from the vendor's location inside California, the stamp is ineffective. A seller could not accept an exemption claim of this type in good faith. Therefore, the applicable tax is the sales tax, which is the liability of the seller. The seller may bill the insurance company for sales tax reimbursement if the contract so provides. 8/23/88.