Laws, Regulations & Annotations

Business Taxes Law Guide – Revision 2013
 

Emergency Telephone Users Surcharge Law

CHAPTER 1. GENERAL PROVISIONS AND DEFINITIONS.

Section 41011

41011. "Charges for services." (a) "Charges for services" means all charges billed by a service supplier to a service user for intrastate telephone communication services and shall mean local telephone service and include monthly service flat-rate charges for usage, message unit charges and shall mean toll charges, and include intrastate wide area telephone service charges and also means all charges billed by a service supplier to a service user for VoIP service.

(b) (1) "Charges for services" shall not include any tax imposed by the United States or by any charter city, charges for service paid by insertingcoins in a public coin-operated telephone, and shall not apply to amounts billed to nonsubscribers for coin shortages. Where a coin-operated telephone service is furnished for a guarantee or other periodic amount, such amount is subject to the surcharge imposed by this part.

(2) "Charges for services" shall not include charges for intrastate toll calls where bills for such calls originate out of California.

(3) "Charges for services" shall not include charges for any nonrecurring, installation, service connection or one-time charge for service or directory advertising, and shall not include private communication service charges, charges for other than communication service, or any charge made by a hotel or motel for service rendered in placing calls for its guests regardless of how such hotel or motel charge is denominated or characterized by an applicable tariff of the Public Utilities Commission of this state.

(4) "Charges for services" shall not include charges for basic exchange line service for lifeline services.

History.—Stats. 2008, Ch. 17 (SB 1040), in effect May 21, 2008, lettered the former first paragraph as subdivision (a), and substituted "intrastate wide" for "intra state wide" after ", and include" and added "and also means all charges billed by a service supplier to a service user for VoIP service" after "telephone service charges" in subdivision (a); and lettered the former second, third, and fourth paragraphs as subdivision (b) (1), (2), and (3), respectively. Stats. 2010, Ch. 328 (SB 1330), in effect January 1, 2011, substituted "communication" for "communications" in subdivision (a) and paragraph (3) of subdivision (b).