Laws, Regulations & Annotations

Business Taxes Law Guide – Revision 2013
 

Transactions and Use Tax Annotations

800.0000 APPLICATION OF TRANSACTIONS (SALES) TAX AND USE TAX—Regulation 1823

Annotation 800.1150

800.1150 Tax Rate After Tax Credit Program Ends—SB 263. In 1993, SB 263 was enacted to provide for a program of tax credits to effect the refund of certain local taxes (section 7276). Under that program, the legal tax rate in Monterey County remained at 7.25% but, for a period of time, taxpayers there could take a credit of 0.75% against their tax liability for an effective rate of 6.5%. That tax credit program ended March 31, 1996. SB 263 did not provide for a fixed-price contract exemption from the end of the tax credit program. Therefore, even though a sale is pursuant to a contract entered into during the rollback period which meets the definition of a "fixed price contract" under section 6376.1, it is subject to the full legal tax rate of 7.25% if the sale takes place after March 31, 1996. The "rollback" rate of 6.5% would apply, however, if the goods to be sold were specifically identified by the seller and buyer as the goods to be delivered to the buyer, and the buyer had paid for the goods prior to April 1, 1996, even if they were not delivered to the buyer until after March 31. 4/24/97.