summary
Introduced
In Committee
Crossed Over
Passed
Dead
Signed/Enacted/Adopted
09/06/2011
09/06/2011
Introduced Session
2011-2012 Regular Session
Bill Summary
SB 805, Committee on Veterans Affairs. Sales and use taxes: consumers: veterans: itinerant vendors. The Sales and Use Tax Law imposes a tax on retailers measured by the gross receipts from the sale of tangible personal property sold at retail in this state, or on the storage, use, or other consumption in this state of tangible personal property purchased from a retailer for storage, use, or other consumption in this state, measured by sales price. That law, with certain exceptions, defines a retailer as a seller who makes any retail sale of tangible personal property and as a person who makes more than 2 retail sales of tangible personal property during any 12-month period, and defines a retail sale as a sale of tangible personal property for any purpose other than resale in the regular course of business. Existing law provides that a qualified itinerant vendor, as defined, is a consumer, and not a retailer, of tangible personal property owned and sold by the qualified itinerant vendor, except for alcoholic beverages or items sold for more than $100, so that the retail sale subject to tax is the sale of tangible personal property to the qualified itinerant vendor. This provision will be repealed on January 1, 2012. This bill would extend that repeal date to January 1, 2022. The Bradley-Burns Uniform Local Sales and Use Tax Law authorizes counties and cities to impose local sales and use taxes in conformity with the Sales and Use Tax Law, and existing law authorizes districts, as specified, to impose transactions and use taxes in accordance with the Transactions and Use Tax Law, which conforms to the Sales and Use Tax Law. Amendments to state sales and use taxes are incorporated into these laws. Section 2230 of the Revenue and Taxation Code provides that the state will reimburse counties and cities for revenue losses caused by the enactment of sales and use tax exemptions. This bill would provide that, notwithstanding Section 2230 of the Revenue and Taxation Code, no appropriation is made and the state shall not reimburse local agencies for sales and use tax revenues lost by them pursuant to this bill. This bill would take effect immediately as a tax levy.
AI Summary
This bill extends the provision that allows certain disabled veterans who are sole proprietors with no employees and no permanent place of business to be considered consumers, not retailers, of the tangible personal property they sell, except for alcoholic beverages or items over $100, from its original repeal date of January 1, 2012, to January 1, 2022. This means these qualified veterans will continue to be treated as the end purchasers of the goods they sell for sales tax purposes, rather than being responsible for collecting and remitting sales tax as a retailer would. The bill also specifies that the state will not reimburse local governments for any sales and use tax revenue they might lose due to this extension, and it takes effect immediately as a tax levy.
Committee Categories
Budget and Finance
Sponsors (7)
Ronald Calderon (D)*,
Lou Correa (D)*,
Doug LaMalfa (R)*,
Gloria Negrete McLeod (D)*,
Michael Rubio (D)*,
Tom Berryhill (R),
Anthony Cannella (R),
Last Action
Chaptered by Secretary of State. Chapter 246, Statutes of 2011. (on 09/06/2011)
bill text
bill summary
Loading...
bill summary
Loading...
bill summary
Loading...