Laws, Regulations & Annotations
Business Taxes Law Guide – Revision 2013
Sales and Use Tax Annotations
A B C D E F G H I J L M N O P R S T U V W X
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395.0000 OCCASIONAL SALES—SALE OF A BUSINESS—BUSINESS REORGANIZATION—Regulation 1595 (View entire section)
(a) IN GENERAL
- 395.0004 Acquisition of Assets—Joint Venture.
- 395.0005 Asset Sales.
- 395.0007 Asset Sales.
- 395.0009 Assets Used in Retail Business.
- 395.0011 Assumption of Liabilities.
- 395.0012 Business Activity Not Requiring a Permit.
- 395.0013 Discontinuance of Business—Sales After.
- 395.0013.250 Excess Furniture and Equipment.
- 395.0014 Lease Transactions.
- 395.0015 Printing and Mailing Advertising Material Business.
- 395.0020 Printing Press Acquired, Stored, and Resold by Printer.
- 395.0040 Property Not Ordinarily Sold by Permittee.
- 395.0060 Property Used in Retail Business.
- 395.0064 Sale of Assets.
- 395.0066 Sale of Branch Thrift.
- 395.0068 Sale of Equipment Prior to Start of Operations.
- 395.0069 Sale by Franchisee.
- 395.0070 Sale of Interest in an Estate.
- 395.0071 Sale of Hotel Assets.
- 395.0072 Sales of Stock Treated as Sales of Assets Under Revenue and Taxation Code Section 24518.
- 395.0073 Sales Price of Machinery and Equipment.
- 395.0074 Series of Separate Transactions.
- 395.0074.175 Service Enterprises Making Retail Sales.
- 395.0075 Single Lease.
- 395.0077 Subsequent Adjustment to Sales Price of Fixed Assets.
- 395.0078 Summary of Rules on Occasional Sales.
- 395.0079 Transfer of Assets and Computer Programs.
- 395.0079.200 Transfer of Depreciable Assets to Subsidiary—No Consideration.
- 395.0080 Tax Sales by Municipalities.
- 395.0081 Transfer Pursuant to Divorce Property Settlement.
- 395.0090 Gift of Business to Children.
- 395.0093 Joint Ventures.
(b) ACTIVITIES REQUIRING PERMIT—PROPERTY HELD OR USED IN
- 395.0095 Activity Requiring Seller's Permit—Sale of Assets.
- 395.0100 Assumption of Contingent Liabilities.
- 395.0120 Concessionaire.
- 395.0130 Disposition of a Business' Assets Acquired by Bequest.
- 395.0135 Exempt Sales.
- 395.0140 Food Containers—Sale of.
- 395.0150 Furniture and Equipment Obtained through Foreclosure.
- 395.0160 Gasoline Service Station with Carwash.
- 395.0200 Insurance Company.
- 395.0240 Laundry Equipment.
- 395.0255 Monetized and Nonmonetized Bullion Seller.
- 395.0260 Motel Operator.
- 395.0270 Occasional Sale—Seasonal Business.
- 395.0275 Occasional Sale—Wholesaler of Prescription Drugs.
- 395.0280 Optical Equipment and Fixtures.
- 395.0300 Out-of-State Manufacturer.
- 395.0360 Processing—Fabricating.
- 395.0372 Rented Equipment.
- 395.0378 Sale of a Service Division.
- 395.0380 Sale of Time Shares in Staterooms of Cruise Ships.
- 395.0383 Seller's Permit Required for Sales to Subsidiary.
- 395.0388 Service Center Equipment.
- 395.0395 Twice a Year Sales Activity.
- 395.0420 United States, Selling to for Resale, Equipment Sale Taxable
(c) SERIES OF SALES—"NUMBER, SCOPE AND CHARACTER"
- 395.0540 Laundry Equipment and Supplies.
- 395.0560 Market Fixtures.
- 395.0570 Number of Sales
- 395.0575 Number, Scope and Character.
- 395.0577 Numerous Deliveries Under One Agreement.
- 395.0580 Operating Equipment of a Transportation Business.
- 395.0600 Out-of-State as Determining Factor in Taxability of California Sales.
- 395.0620 Permit—Sale Prior to Obtaining.
- 395.0640 Poles Sold to Utility.
- 395.0660 Press, sale of
- 395.0670 Resale Transactions.
- 395.0673 Sale of Assets.
- 395.0673.250 Sale of Assets by Medical Laboratory.
- 395.0675 Sales of Used Equipment Section 6019 Retailer.
- 395.0677 Sale of Yacht Not Used in Business.
- 395.0700 Stockholder.
- 395.0710 Television Stations.
- 395.0715 Twice a Year Sales Activity.
- 395.0720 Unusual and Nonrecurring Type of Sales
(d) PART OWNERSHIP, SALE OF
- 395.0760 Co-owner.
- 395.0800 Partnership,
- 395.0810 Partnership Reorganization.
- 395.0820 Partnership—Sale of Interests.
- 395.0821 Partnership—Sale of Interests.
- 395.0828 Sale of an Airplane.
- 395.0835 Transfer of Limited Partnership Interest.
- 395.0840 Undivided Interest
(e) EXECUTORS AND ADMINISTRATORS, SALES BY
- 395.0860 Auction Sales.
- 395.0880 Liquidation Sales
- 395.0920 Number of Sales.
- 395.0940 Operation of Business.
- 395.0960 Public Administrators, sales by, governed by same general rule as executors and administrators
- 395.0980 Trustee in Bankruptcy.
(f) SALE OF A BUSINESS GENERALLY
- 395.1000 Allocation of Receipts.
- 395.1040 Allocation of Receipts.
- 395.1057 Cable TV Company—Sale of Assets.
- 395.1058 Cable TV System.
- 395.1060 Discontinuance of Business—Sales after.
- 395.1080 Discontinuance of Business—Sales after.
- 395.1100 Discontinuance of Business—Sales after.
- 395.1115 Escrow Established Equipment Sales Price.
- 395.1120 Escrow Transactions—Time of Sale.
- 395.1140 Escrow Transactions—Time of Sale.
- 395.1160 Escrow Transactions—Time of Sale
- 395.1189 Intellectual Property
- 395.1200 Manufacturer.
- 395.1220 Purchase and Simultaneous Sale.
- 395.1230 Research and Development Business.
- 395.1240 Restaurant Equipment.
- 395.1243 Sale of Business.
- 395.1245 Sale of Furniture and Fixtures.
- 395.1251 Sales of Drawings and Blueprints.
- 395.1251.500 Sales of Shutters to Related Entity.
- 395.1252 Sales Price of Fixtures and Equipment.
- 395.1253 Service Business.
- 395.1255 Snack Bar with Laundromat.
- 395.1256 Stipulated Judgment for Rescission.
(g) "SUBSTANTIALLY ALL THE PROPERTY"—TRANSFER OF
- 395.1258 Evidence of Consideration.
- 395.1260 Intangibles and Realty.
- 395.1295 Occasional Sale Followed by Statutory Merger.
- 395.1300 Out-of-State Property.
- 395.1313 Partnership Assets Transferred to Partners Then to Corporation.
- 395.1320 Partnership Sale to Corporations.
- 395.1340 Partnership Sale to Corporations.
- 395.1360 Partnership Sale to Corporations.
- 395.1380 Part of Property or Segment of Business Transferred.
- 395.1381 Part of Property or Segment of Business Transferred.
- 395.1400 Part of Property or Segment of Business Transferred.
- 395.1420 Part of Property or Segment of Business Transferred.
- 395.1440 Part of Property or Segment of Business Transferred.
- 395.1460 Permit Requirement—Meaning of "Activities."
- 395.1480 Permit Requirement—Meaning of "Activities."
- 395.1500 Real Property.
- 395.1520 Subsidiaries.
- 395.1524 Substantially Same Ownership.
- 395.1525 Time Limitation for Transfer.
- 395.1527 Transfer of Assets to Parent Corporation.
- 395.1530 Transfer of Assets to Related Corporation.
- 395.1534 Transfer of a Vessel.
- 395.1540 Yacht.
(h) OWNERSHIP "SUBSTANTIALLY SIMILAR"—"REAL OR ULTIMATE" OWNERSHIP
- 395.1560 Bondholders.
- 395.1570 Commencing Corporation and Sale of Stock.
- 395.1575 Common and Preferred Stock—Similar Ownership.
- 395.1578 Community Property.
- 395.1585 Contribution of Tax-Paid Rental Equipment.
- 395.1600 Husband and Wife Partnership—Death of Wife.
- 395.1620 Limited Partnership.
- 395.1624 Loans as Equity.
- 395.1640 Percentage of Ownership.
- 395.1650 Real and Ultimate Ownership.
- 395.1660 Sale of Part and Lease of Remainder.
- 395.1680 Single Sale to Several Entities.
- 395.1700 Single Sale to Several Entities.
- 395.1720 Single Sale to Several Entities.
- 395.1740 Single Sale to Several Entities.
- 395.1760 Single Sale to Several Entities.
- 395.1768 Transfer Between Related Entities.
- 395.1770 Transfer of Assets to Limited Liability Company.
- 395.1780 Unsecured Creditor.
- 395.1783 Vessel Distributed to Individual Partners and Then Transferred to a Corporation.
(i) TRANSFERS AND CONTRIBUTIONS TO NEW CORPORATION OR PARTNERSHIP
- 395.1795 Assets Not Transferred Simultaneously.
- 395.1796 Assumption of Loan Obligation.
- 395.1800 Commencing Corporation.
- 395.1820 Commencing Corporation.
- 395.1840 Commencing Corporation.
- 395.1841 Commencing Corporation.
- 395.1860 Commencing Corporation.
- 395.1880 Commencing Corporation. Assumption of Liabilities Measurable Consideration.
- 395.1881 Commencing Corporation—Assumption of Liabilities Measurable Consideration.
- 395.1885 Commencing Corporation—Definition.
- 395.1892 Commencing Corporation and Subsequent Sale of Stock.
- 395.1893 Contributions.
- 395.1897 Incorporation of Partnership.
- 395.1900 Incorporation of Sole Proprietorship
- 395.1920 Incorporation of Partnership.
- 395.1924 Joint Venture.
- 395.1940 "New" Partnership Agreement.
- 395.1960 Partnership, Application of Tax to Formation of.
- 395.1964 Partnership—Contributions
- 395.1970 Purchase of Aircraft.
- 395.1988 Sale of Assets to Commencing Corporation.
- 395.1992 Sale of Business—Commencing Corp.
- 395.1996 Shareholders Transfer of Stock in Existing Corporation for Stock in Commencing Corporation.
- 395.2000 Step Transaction.
- 395.2015 MTE—Transfer to Commencing Corporation.
- 395.2020 Transfer in Exchange for Stock.
- 395.2025 Transfer of Assets to Joint Venture.
- 395.2030 Transfer of One-Half Interest in Airplane to a Commencing Corp.
- 395.2040 Transfer of a Portion of Partnership Assets to a New Partnership.
- 395.2044 Transfer of Unexpired Portion of Lease.
- 395.2046 Transfer of Vessel in Exchange for Stock.
(j) MERGERS AND REORGANIZATIONS
(1) Mergers
- 395.2055 Corporation Merges with and into a Limited Partnership.
- 395.2057 De Facto Merger.
- 395.2058 De Facto Merger.
- 395.2060 General.
- 395.2070 Merger.
- 395.2080 Merger of Nonprofit Cooperative Associations.
- 395.2100 Mergers and Statutory Mergers.
- 395.2105 Mergers Under Nonprofit Corporation Law.
- 395.2110 Property Acquired and Used Under Occasional Sale.
- 395.2115 Reorganization.
- 395.2118 Statutory Merger.
- 395.2120 Statutory Merger and Sale of Assets Distinguished.
- 395.2130 Statutory Merger—Nonprofit Corporation.
- 395.2140 Statutory Mergers.
- 395.2150 Statutory Merger—Use of Property Received in.
- 395.2155 Transfer of Assets Followed by Statutory Merger.
- 395.2156 Transfers of Business Assets in Exchange for Stock in an Existing Corporation.
- 395.2157 Transfer of Capital Equipment Between Subsidiaries.
- 395.2158 Commencing Corporation—Assumption of Liabilities.
(2) Reorganizations
- 395.2160 Corporate Reorganizations.
- 395.2161 Corporate Reorganization.
- 395.2161.010 Corporate Reorganization.
- 395.2162 Corporate Reorganization.
- 395.2163 Corporate Reorganization.
(k) DISSOLUTION; LIQUIDATION; DISTRIBUTION OF ASSETS
- 395.2177 Cash Dividend, Substantial Change in Ownership—Not a Sale.
- 395.2180 Court-Appointed Supervisor.
- 395.2190 Dissolution of Partnership/Joint Venture.
- 395.2193 Dissolution and Transfer of Assets.
- 395.2194 Dissolution and Transfer of Assets.
- 395.2200 Distribution of Capital Investment.
- 395.2220 Distribution of Corporate Furniture
- 395.2240 Distribution of Equipment in Lieu of Profits.
- 395.2265 Dividend in Kind.
- 395.2275 Joint Ventures—Transfers at Termination.
- 395.2280 Liquidating Dividend and Transfer to New Corporation.
- 395.2291 Liquidation of Partnership/Subsequent Sale by Partners
- 395.2296 Liquidation Sale Versus Liquidation Dividend.
- 395.2300 Liquidation as a Use.
- 395.2320 Notice of Dissolution.
- 395.2325 New Partnership.
- 395.2335 Partial Dissolution of Corporation and Consequent Distribution of Assets.
- 395.2340 Partial Liquidation of Partnership.
- 395.2460 Sole Shareholder.
- 395.2470 Special Effects Corporation.
- 395.2473 "Step Transactions."
- 395.2475 Stock Exchanged for Corporation Assets.
- 395.2485 Transfer of Property to Stockholders.
(l) SALES BETWEEN PARENT AND SUBSIDIARIES
- 395.2493 Election Under Federal IRC 338.
- 395.2500 Fixed Assets.
- 395.2508 Inter-Company Transfer of Fixed Assets.
- 395.2520 Simultaneous Transfer to Subsidiaries.
- 395.2540 Subsidiaries—Various.
- 395.2541 Transfer of Assets to a Division.
- 395.2543 Transfer of Assets to Subsidiary.
- 395.2544 Transfer of Assets to Subsidiary.
- 395.2546 Transfer to a Subsidiary.
- 395.2547 Transfer of Tax Paid Rental Equipment.
- 395.2548 Transfers by Book Entries.
- 395.2549 Transfer of Vehicles Between Subsidiaries.
- 395.2550 Transfers to Parent.
- 395.2560 Used Equipment.
- 395.2610 Vehicle Transfers to a Subsidiary by a DMV Licensed Dealer.