Laws, Regulations & Annotations
Business Taxes Law Guide – Revision 2014
Sales and Use Tax Annotations
395.0000 OCCASIONAL SALES—SALE OF A BUSINESS—BUSINESS REORGANIZATION—Regulation 1595
(i) TRANSFERS AND CONTRIBUTIONS TO NEW CORPORATION OR PARTNERSHIP
395.1840 Commencing Corporation. The sale of partnership assets to a commencing corporation for stock is an exempt occasional sale provided the requirements of section 6006.5(b) are met even though it is contemplated there will be a sale of stock for cash which will substantially change the ultimate ownership where the Corporations Commissioner requires the sale to the partners to take place prior to any sale of stock for cash. Such procedure is not done to avoid sales tax, and does not constitute a step transaction. The requirements of the Corporations Commissioner constitute a good business reason in this instance. 3/1/66; 7/28/86.