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Business Taxes Law Guide—Revision 2024
Sales and Use Tax Annotations
A B C D E F G H I J L M N O P R S T U V W X
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395.0000 Occasional Sales—Sale of a Business—Business Reorganization—Regulation 1595 (View entire section)
(a) In General
- 395.0004 Acquisition of Assets—Joint Venture
- 395.0005 Asset Sales
- 395.0007 Asset Sales
- 395.0009 Assets Used in Retail Business
- 395.0011 Assumption of Liabilities
- 395.0012 Business Activity Not Requiring a Permit
- 395.0013 Discontinuance of Business—Sales After
- 395.0013.250 Excess Furniture and Equipment
- 395.0014 Lease Transactions
- 395.0015 Printing and Mailing Advertising Material Business
- 395.0020 Printing Press Acquired, Stored, and Resold by Printer
- 395.0040 Property Not Ordinarily Sold by Permittee
- 395.0060 Property Used in Retail Business
- 395.0064 Sale of Assets
- 395.0066 Sale of Branch Thrift
- 395.0068 Sale of Equipment Prior to Start of Operations
- 395.0070 Sale of Interest in an Estate
- 395.0071 Sale of Hotel Assets
- 395.0072 Sales of Stock Treated as Sales of Assets Under Revenue and Taxation Code Section 24518
- 395.0073 Sales Price of Machinery and Equipment
- 395.0074 Series of Separate Transactions
- 395.0074.175 Service Enterprises Making Retail Sales
- 395.0075 Single Lease
- 395.0077 Subsequent Adjustment to Sales Price of Fixed Assets
- 395.0078 Summary of Rules on Occasional Sales
- 395.0079 Transfer of Assets and Computer Programs
- 395.0079.200 Transfer of Depreciable Assets to Subsidiary—No Consideration
- 395.0080 Tax Sales by Municipalities
- 395.0081 Transfer Pursuant to Divorce Property Settlement
- 395.0090 Gift of Business to Children
- 395.0093 Joint Ventures
(b) Activities Requiring Permit—Property Held or Used In
- 395.0095 Activity Requiring Seller's Permit—Sale of Assets
- 395.0100 Assumption of Contingent Liabilities
- 395.0120 Concessionaire
- 395.0130 Disposition of a Business' Assets Acquired by Bequest
- 395.0135 Exempt Sales
- 395.0140 Food Containers—Sale of
- 395.0150 Furniture and Equipment Obtained through Foreclosure
- 395.0160 Gasoline Service Station with Carwash
- 395.0200 Insurance Company
- 395.0240 Laundry Equipment
- 395.0255 Monetized and Nonmonetized Bullion Seller
- 395.0260 Motel Operator
- 395.0270 Occasional Sale—Seasonal Business
- 395.0275 Occasional Sale—Wholesaler of Prescription Drugs
- 395.0280 Optical Equipment and Fixtures
- 395.0300 Out-of-State Manufacturer
- 395.0360 Processing—Fabricating
- 395.0372 Rented Equipment
- 395.0378 Sale of a Service Division
- 395.0380 Sale of Time Shares in Staterooms of Cruise Ships
- 395.0383 Seller's Permit Required for Sales to Subsidiary
- 395.0388 Service Center Equipment
- 395.0395 Twice a Year Sales Activity
- 395.0420 United States, Selling to for Resale, Equipment Sale Taxable
(c) Series of Sales—"Number, Scope and Character"
- 395.0540 Laundry Equipment and Supplies
- 395.0560 Market Fixtures
- 395.0570 Number of Sales
- 395.0575 Number, Scope and Character
- 395.0577 Numerous Deliveries Under One Agreement
- 395.0580 Operating Equipment of a Transportation Business
- 395.0600 Out-of-State as Determining Factor in Taxability of California Sales
- 395.0620 Permit—Sale Prior to Obtaining
- 395.0640 Poles Sold to Utility
- 395.0660 Press, sale of
- 395.0670 Resale Transactions
- 395.0673 Sale of Assets
- 395.0673.250 Sale of Assets by Medical Laboratory
- 395.0675 Sales of Used Equipment Section 6019 Retailer
- 395.0677 Sale of Yacht Not Used in Business
- 395.0700 Stockholder
- 395.0710 Television Stations
- 395.0715 Twice a Year Sales Activity
- 395.0720 Unusual and Nonrecurring Type of Sales
(d) Part Ownership, Sale of
- 395.0760 Co-owner
- 395.0800 Partnership
- 395.0810 Partnership Reorganization
- 395.0820 Partnership—Sale of Interests
- 395.0821 Partnership—Sale of Interests
- 395.0828 Sale of an Airplane
- 395.0835 Transfer of Limited Partnership Interest
(e) Executors and Administrators, Sales By
- 395.0860 Auction Sales
- 395.0880 Liquidation Sales
- 395.0920 Number of Sales
- 395.0940 Operation of Business
- 395.0960 Public Administrators, sales by, governed by same general rule as executors and administrators
- 395.0980 Trustee in Bankruptcy
(f) Sale of a Business Generally
- 395.1000 Allocation of Receipts
- 395.1040 Allocation of Receipts
- 395.1057 Cable TV Company—Sale of Assets
- 395.1058 Cable TV System
- 395.1060 Discontinuance of Business—Sales after
- 395.1080 Discontinuance of Business—Sales after
- 395.1100 Discontinuance of Business—Sales after
- 395.1115 Escrow Established Equipment Sales Price
- 395.1120 Escrow Transactions—Time of Sale
- 395.1140 Escrow Transactions—Time of Sale
- 395.1160 Escrow Transactions—Time of Sale
- 395.1189 Intellectual Property
- 395.1200 Manufacturer
- 395.1220 Purchase and Simultaneous Sale
- 395.1230 Research and Development Business
- 395.1240 Restaurant Equipment
- 395.1243 Sale of Business
- 395.1245 Sale of Furniture and Fixtures
- 395.1251 Sales of Drawings and Blueprints
- 395.1251.500 Sales of Shutters to Related Entity
- 395.1252 Sales Price of Fixtures and Equipment
- 395.1253 Service Business
- 395.1255 Snack Bar with Laundromat
- 395.1256 Stipulated Judgment for Rescission
(g) "Substantially all the Property"—Transfer of
- 395.1258 Evidence of Consideration
- 395.1260 Intangibles and Realty
- 395.1295 Occasional Sale Followed by Statutory Merger
- 395.1300 Out-of-State Property
- 395.1313 Partnership Assets Transferred to Partners Then to Corporation
- 395.1320 Partnership Sale to Corporations
- 395.1340 Partnership Sale to Corporations
- 395.1360 Partnership Sale to Corporations
- 395.1380 Part of Property or Segment of Business Transferred
- 395.1381 Part of Property or Segment of Business Transferred
- 395.1400 Part of Property or Segment of Business Transferred
- 395.1420 Part of Property or Segment of Business Transferred
- 395.1440 Part of Property or Segment of Business Transferred
- 395.1460 Permit Requirement—Meaning of "Activities"
- 395.1480 Permit Requirement—Meaning of "Activities"
- 395.1500 Real Property
- 395.1520 Subsidiaries
- 395.1524 Substantially Same Ownership
- 395.1525 Time Limitation for Transfer
- 395.1527 Transfer of Assets to Parent Corporation
- 395.1530 Transfer of Assets to Related Corporation
- 395.1534 Transfer of a Vessel
- 395.1540 Yacht
(h) Ownership "Substantially Similar"—"Real or Ultimate" Ownership
- 395.1560 Bondholders
- 395.1570 Commencing Corporation and Sale of Stock
- 395.1575 Common and Preferred Stock—Similar Ownership
- 395.1578 Community Property
- 395.1585 Contribution of Tax-Paid Rental Equipment
- 395.1600 Husband and Wife Partnership—Death of Wife
- 395.1620 Limited Partnership
- 395.1624 Loans as Equity
- 395.1640 Percentage of Ownership
- 395.1650 Real and Ultimate Ownership
- 395.1660 Sale of Part and Lease of Remainder
- 395.1680 Single Sale to Several Entities
- 395.1700 Single Sale to Several Entities
- 395.1720 Single Sale to Several Entities
- 395.1740 Single Sale to Several Entities
- 395.1760 Single Sale to Several Entities
- 395.1768 Transfer Between Related Entities
- 395.1770 Transfer of Assets to Limited Liability Company
- 395.1780 Unsecured Creditor
- 395.1783 Vessel Distributed to Individual Partners and Then Transferred to a Corporation
(i) Transfers and Contributions to New Corporation or Partnership
- 395.1795 Assets Not Transferred Simultaneously
- 395.1796 Assumption of Loan Obligation
- 395.1800 Commencing Corporation
- 395.1820 Commencing Corporation
- 395.1840 Commencing Corporation
- 395.1841 Commencing Corporation
- 395.1860 Commencing Corporation
- 395.1880 Commencing Corporation. Assumption of Liabilities Measurable Consideration
- 395.1881 Commencing Corporation—Assumption of Liabilities Measurable Consideration
- 395.1885 Commencing Corporation—Definition
- 395.1892 Commencing Corporation and Subsequent Sale of Stock
- 395.1893 Contributions
- 395.1897 Incorporation of Partnership
- 395.1900 Incorporation of Sole Proprietorship
- 395.1920 Incorporation of Partnership
- 395.1924 Joint Venture
- 395.1940 "New" Partnership Agreement
- 395.1960 Partnership, Application of Tax to Formation of
- 395.1964 Partnership—Contributions
- 395.1970 Purchase of Aircraft
- 395.1988 Sale of Assets to Commencing Corporation
- 395.1992 Sale of Business—Commencing Corp
- 395.1996 Shareholders Transfer of Stock in Existing Corporation for Stock in Commencing Corporation
- 395.2000 Step Transaction
- 395.2015 MTE—Transfer to Commencing Corporation
- 395.2020 Transfer in Exchange for Stock
- 395.2025 Transfer of Assets to Joint Venture
- 395.2030 Transfer of One-Half Interest in Airplane to a Commencing Corp
- 395.2040 Transfer of a Portion of Partnership Assets to a New Partnership
- 395.2044 Transfer of Unexpired Portion of Lease
- 395.2046 Transfer of Vessel in Exchange for Stock
(j) Mergers and Reorganizations
(1) Mergers
- 395.2055 Corporation Merges with and into a Limited Partnership
- 395.2057 De Facto Merger
- 395.2058 De Facto Merger
- 395.2060 General
- 395.2070 Merger
- 395.2080 Merger of Nonprofit Cooperative Associations
- 395.2100 Mergers and Statutory Mergers
- 395.2105 Mergers Under Nonprofit Corporation Law
- 395.2110 Property Acquired and Used Under Occasional Sale
- 395.2115 Reorganization
- 395.2118 Statutory Merger
- 395.2120 Statutory Merger and Sale of Assets Distinguished
- 395.2130 Statutory Merger—Nonprofit Corporation
- 395.2140 Statutory Mergers
- 395.2150 Statutory Merger—Use of Property Received in
- 395.2155 Transfer of Assets Followed by Statutory Merger
- 395.2156 Transfers of Business Assets in Exchange for Stock in an Existing Corporation
- 395.2157 Transfer of Capital Equipment Between Subsidiaries
- 395.2158 Commencing Corporation—Assumption of Liabilities
(2) Reorganizations
- 395.2160 Corporate Reorganizations
- 395.2161 Corporate Reorganization
- 395.2161.010 Corporate Reorganization
- 395.2162 Corporate Reorganization
- 395.2163 Corporate Reorganization
(k) Dissolution; Liquidation; Distribution of Assets
- 395.2177 Cash Dividend, Substantial Change in Ownership—Not a Sale
- 395.2180 Court-Appointed Supervisor
- 395.2190 Dissolution of Partnership/Joint Venture
- 395.2193 Dissolution and Transfer of Assets
- 395.2194 Dissolution and Transfer of Assets
- 395.2200 Distribution of Capital Investment
- 395.2220 Distribution of Corporate Furniture
- 395.2240 Distribution of Equipment in Lieu of Profits
- 395.2265 Dividend in Kind
- 395.2275 Joint Ventures—Transfers at Termination
- 395.2280 Liquidating Dividend and Transfer to New Corporation
- 395.2291 Liquidation of Partnership/Subsequent Sale by Partners
- 395.2296 Liquidation Sale Versus Liquidation Dividend
- 395.2300 Liquidation as a Use
- 395.2320 Notice of Dissolution
- 395.2325 New Partnership
- 395.2335 Partial Dissolution of Corporation and Consequent Distribution of Assets
- 395.2340 Partial Liquidation of Partnership
- 395.2460 Sole Shareholder
- 395.2470 Special Effects Corporation
- 395.2473 "Step Transactions"
- 395.2475 Stock Exchanged for Corporation Assets
- 395.2485 Transfer of Property to Stockholders
(l) Sales Between Parent and Subsidiaries
- 395.2493 Election Under Federal IRC 338
- 395.2500 Fixed Assets
- 395.2508 Inter-Company Transfer of Fixed Assets
- 395.2520 Simultaneous Transfer to Subsidiaries
- 395.2540 Subsidiaries—Various
- 395.2541 Transfer of Assets to a Division
- 395.2543 Transfer of Assets to Subsidiary
- 395.2544 Transfer of Assets to Subsidiary
- 395.2546 Transfer to a Subsidiary
- 395.2547 Transfer of Tax Paid Rental Equipment
- 395.2548 Transfers by Book Entries
- 395.2549 Transfer of Vehicles Between Subsidiaries
- 395.2550 Transfers to Parent
- 395.2560 Used Equipment
- 395.2610 Vehicle Transfers to a Subsidiary by a DMV Licensed Dealer