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Business Taxes Law Guide—Revision 2024
Sales And Use Tax Law
Revenue and Taxation Code
Division 2. Other Taxes
Part 1. Sales and Use Taxes
Chapter 2. The Sales Tax
Article 3. Presumptions and Resale Certificates
Section 6094.5
6094.5. Improper use of certificate. 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 ($500) whichever is greater, for each purchase made for personal gain or to evade the payment of taxes.
History—Added by Stats. 1953, p. 3384, in effect September 9, 1953. Stats. 1977, Ch. 607, operative January 1, 1978, numbered existing first paragraph as (a), and added new paragraph (b). Stats. 1980, Ch. 1149, operative January 1, 1981, added "Except as provided in Sections 6012.8 and 6012.9:". Stats. 1984, Ch. 512, effective July 17, 1984, added "or her" after "him" in (a), added "or her" after "him" and "or she" after "he" in (b), added last sentence in (b). Stats. 1984, Ch. 1490, effective September 27, 1984, added "including … corporation" after "any person" and "or the corporation" after "her" in (a) and (b), added "punishable as provided in Section 7153" at end of (a), substituted "such" for "the" after "given" in (b), and deleted comma after "($500)" in (b).