Common Sales and Use Tax Exemptions

(To confirm or determine if an exemption applies, please contact Tax Services with the facts of your transaction.)

1

ARTWORK 

Original works of art purchased for display in museums and public places. 

2

FEDERAL GOVERNMENT

o       Purchases from federal government – federal government holds title to item purchased.  Federal Acquisition Regulation (FAR) clause documenting government is required.

o       Sales to the federal government – payment must be made directly to the vendor by the US Government.

3

STATE GOVERNMENT
(non-California)

Sales to or purchases from "non-California" state government agencies.

4

FOOD PRODUCTS 

Exempt food products (excludes catering related services).

5

FREIGHT  

Goods delivered by common carrier, contract carrier or US Mail.

o       Shipping charges should be separately stated from handling charges which are taxable.

o       See BOE Publication 100 – Shipping & Delivery Charges for chart.

6

INTANGIBLE PROPERTY 

Intangible property (patents, licenses, copyrights, etc.).

7

NEWSPAPERS & PERIODICALS 

Distributed without charge and issued between 4-60 times per year.

8

OCCASIONAL SALE 

Purchase from a person who is not engaged in a business requiring a seller’s permit.

o       "Occasional Sales Affidavit" is required and must be approved by Tax Services.

9

PRESCRIPTION MEDICINES  

Medicines used to treat humans – includes items implanted in the body.

10

PRINTED SALES MESSAGES 

Printed material must advertise a good or service, and be delivered by vendor to recipient by common carrier or USPS at no cost to recipient.

o       Exemption Certificate must be issued by Tax Services.

11

PURCHASED FOR RESALE 

Item purchased for resale. 

o       Resale Certificate must be issued to vendor by Tax Services.

12

REPAIR & INSTALLATION LABOR 

o       Repair labor is exempt if taxable parts are stated separately on invoice.

o       Installation labor is exempt if no tangible property is created or assembled.

13

SERVICES

Services where no tangible personal property is received.

14

SOFTWARE CANNED

Electronically delivered – no tangible media such as a CD or DVD received. 

o       Vendor’s invoice should state product is delivered electronically.

o       See Software License – CA Sales Tax Quick Reference Guide.

15

SOFTWARE CUSTOM  

Custom software prepared to special order of the customer and related maintenance agreements, regardless of the method of delivery.

16

SOFTWARE OPTIONAL MAINTENANCE AGREEMENTS

  
Tangible personal property
     received

 

Maintenance relates to purchase of prewritten or “canned” software and is optional.

o       Lump sum charge for “optional” software maintenance is separately stated on invoice. 

o       Upgrades and updates are received on tangible media such as CDs during the term of the maintenance agreement. 

o       Partial Exemption:  50% of lump sum exempt, 50% taxable. 

o       See Software Maintenance – CA Sales Tax Quick Reference Guide.

 

17

 

 

SOFTWARE OPTIONAL MAINTENANCE AGREEMENTS
 

   No tangible personal property
     received

 

 

 

 

 

Maintenance relates to purchase of prewritten or “canned” software and is optional.

o        Lump sum charge for “optional” software maintenance is separately stated on invoice. 

o        All maintenance received electronically during the term of the agreement, no tangible media such as CDs received. 

o        100% of the lump sum is exempt.

o        See Software Maintenance – CA Sales Tax Quick Reference Guide.

18

SOFTWARE RELATED CONSULTING SERVICES OPTIONAL & SEPARATELY STATED ON INVOICE

Purchased in connection with custom or prewritten software.

19

TELEPRODUCTION EQUIPMENT

Partial exemption for Qualified Tele-production Equipment

o       Section 6378 certificate required – limited to Theater, Film & Television.

20

USE OUTSIDE OF CALIFORNIA 

Item will be shipped by vendor to point outside California for use exclusively outside of California.