Laws, Regulations & Annotations

Business Taxes Law Guide – Revision 2014
 

Sales and Use Tax Annotations


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395.0000 OCCASIONAL SALES—SALE OF A BUSINESS—BUSINESS REORGANIZATION—Regulation 1595

Annotation 395.0300

(b) ACTIVITIES REQUIRING PERMIT—PROPERTY HELD OR USED IN

395.0300 Out-of-State Manufacturer. An out-of-state manufacturer which had maintained an engineering laboratory on leased premises in California sold the laboratory equipment to retailers and consumers. It assigned the lease and sold water heaters, air-conditioning units, and gas heaters in place to the assignee.The sale to the assignee was not an occasional sale under section 6006.5, inasmuch as the out-of-state manufacturer was a seller under section 6014 and the property was held or used in an activity requiring a seller's permit. Furthermore, even if the property acquired by the assignee were not regarded as held or used in connection with selling activities attributable to the out-of-state plant, nevertheless the sale thereof was one of a series of retail sales of used equipment, sufficient in number, scope and character to constitute an activity requiring the holding of a seller's permit by the laboratory. 10/1/64.