Laws, Regulations & Annotations

Business Taxes Law Guide – Revision 2018

Sales and Use Tax Annotations

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Annotation 295.0570


295.0570 Royalties. The transfer by an artist of original artwork prototypes for use in manufacturing replicas is regarded as a sale under section 6006 and Regulation 1501. Where the consideration for the transfer is royalty payments based on a percentage of the selling price of the replicas as and when sold in the future, such royalties constitute the gross receipts from the sale and are the measure of the sales tax. Therefore, the three-year statute of limitations does not commence to run until the time the consideration is paid. The artist should report the royalties as received, that is, in the quarter in which the amount is made definite. (See Burnet v. Logan, 283 U.S. 404 [1930].) 1/4/79.