2007 California Revenue and Taxation Code Article 3. Presumptions And Resale Certificates

CA Codes (rtc:6091-6095)

6091.  For the purpose of the proper administration of this part and
to prevent evasion of the sales tax it shall be presumed that all
gross receipts are subject to the tax until the contrary is
established.  The burden of proving that a sale of tangible personal
property is not a sale at retail is upon the person who makes the
sale unless he takes from the purchaser a certificate to the effect
that the property is purchased for resale.



6092.  The certificate relieves the seller from liability for sales
tax only if taken in good faith from a person who is engaged in the
business of selling tangible personal property and who holds the
permit provided for in Article 2 (commencing with Section 6066) of
this chapter.



6092.1.  Notwithstanding any other provision of law, any person,
other than a person exempt from payment of use tax in accordance with
Section 6352, who leases mobile transportation equipment and who
cannot otherwise properly issue a resale certificate may issue such a
certificate for the limited purpose of reporting his use tax
liability based on fair rental value as provided in subdivision (d)
of Section 6094 and subdivision (d) of Section 6244.  With respect to
matters arising out of mergers or acquisitions, the provisions of
this section shall apply to any matters pending before the board on
the effective date of this section.


6093.  The certificate shall be signed by and bear the name and
address of the purchaser, shall indicate the number of the permit
issued to the purchaser, and shall indicate the general character of
the tangible personal property sold by the purchaser in the regular
course of business.  The certificate shall be substantially in such
form as the board may prescribe.



6094.  (a) If a purchaser who gives a resale certificate makes any
use of the property other than retention, demonstration, or display
while holding it for sale in the regular course of business, the use
shall be taxable to the purchaser under Chapter 3 (commencing with
Section 6201) of this part as of the time the property is first used
by him, and, except as provided in subdivisions (b), (c), and (d) of
this section, the sales price of the property to him shall be the
measure of the tax.
   (b) If such use is limited to the loan of the property to
customers as an accommodation while awaiting delivery of property
purchased or leased from the lender or while property is being
repaired for customers by the lender, the measure of the tax is the
fair rental value of the property for the duration of each loan so
made.
   (c) If the property is used frequently for purposes of
demonstration or display while holding it for sale in the regular
course of business and is used partly for other purposes, the measure
of the tax is the fair rental value of the property for the period
of such other use or uses.
   (d) If the property is mobile transportation equipment as defined
in Section 6023, and the use is limited to leasing the equipment, the
purchaser may elect to pay his use tax measured by the fair rental
value, if the election is made on or before the due date of a return
for the period in which the equipment is first leased.  The election
must be made by reporting tax measured by the fair rental value on
the return for that period, or in such other manner as the board may
prescribe.  Tax must thereafter be paid with the return for each
reporting period, measured by the fair rental value, whether the
equipment is within or without the state. The election may not be
revoked with respect to the equipment as to which it is made.
   (e) As used in subdivision (d), the term "fair rental value" means
the rentals required by the purchaser under the lease except where
the board determines that such rentals are nominal.  The term shall
not include any reimbursement payments made by the lessee to the
purchaser for such use tax.


6094.1.  If a purchaser acquires property in a transaction described
in subdivision (a) of Section 6006.5 and leases such property, the
purchaser may elect at the time the property is first leased by him,
after the effective date of this section, to pay use tax measured by
the purchase price of the property.  Purchaser shall include a
transferee who acquires property in a transaction which qualifies
under the provisions of subdivision (b) of Section 6006.5 and, for
purposes hereof, the purchase price of the transferee shall be the
same as that paid by the original purchaser.



6094.5.  Except as provided in Sections 6012.8 and 6012.9:
   (a) Any person, including any officer or employee of a
corporation, who gives a resale certificate for property which he or
she knows at the time of purchase is not to be resold by him or her
or the corporation in the regular course of business for the purpose
of evading payment to the seller of the amount of the tax applicable
to the transaction is guilty of a misdemeanor punishable as provided
in Section 7153.
   (b) Any person, including any officer or employee of a
corporation, who gives a resale certificate for property which he or
she knows at the time of purchase is not to be resold by him or her
or the corporation in the regular course of business is liable to the
state for the amount of tax that would be due if he or she had not
given such resale certificate.  In addition to the tax, the person
shall be liable to the state for a penalty of 10 percent of the tax
or five hundred dollars (0) whichever is greater, for each
purchase made for personal gain or to evade the payment of taxes.



6095.  If a purchaser gives a certificate with respect to the
purchase of fungible goods, or purchases those goods for resale in
the regular course of business, and thereafter commingles these goods
with other fungible goods not so purchased but of such similarity
that the identity of the constituent goods in the commingled mass
cannot be determined, sales from the mass of commingled goods shall
be deemed to be sales of the goods so purchased until a quantity of
commingled goods equal to the quantity of purchased goods so
commingled has been sold.  Goods removed from the commingled mass for
consumption shall be deemed to be a consumption of goods not so
purchased until a quantity of commingled goods equal to the quantity
of goods not so purchased has been consumed.