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Business Taxes Law Guide—Revision 2024
Emergency Telephone Users Surcharge Regulations
Title 18. Public Revenues
Division 2. California Department of Tax and Fee Administration—Business Taxes (State Board of Equalization – Business Taxes, See Chapters 6 and 9.9)
Chapter 5.5. Emergency Telephone Users Surcharge Law
Article 2. Exclusion and Exemptions
Regulation 2413
Regulation 2413. Exemptions from Surcharge.
Reference: Sections 41003-41019, 41020-41049, 41052-41053, 41073-41095, and 41129, Revenue and Taxation Code.
The surcharge does not apply to:
(a) Charges for service or equipment furnished by a service supplier subject to public utilities regulation during any period when the same or similar service or equipment is also available for sale or lease from other than a service supplier subject to public utility regulation.
(b) Charges for service when imposition of such surcharge would be in violation of the Constitution of the United States, the United States Code, or the laws of the State of California. These include charges for service to:
(1) The United States, its unincorporated agencies and instrumentalities, or any state of the United States.
(2) Any incorporated agency or instrumentality of the United States wholly owned by either the United States, or by a corporation wholly owned by the United States.
(3) The American National Red Cross, its chapters and branches.
(4) Insurance companies, including title insurance companies, subject to taxation under California Constitution, article XIII, section 28.
(5) Banks, including national banking associations, located within the limits of this state. The exemption for state banks and national banking associations has been repealed beginning with the bank's income year for Bank and Corporation Tax purposes commencing on or after January 1, 1981. The service supplier shall collect the surcharge from each state bank and each national banking association beginning with the first regular billing period applicable to that bank which commences on or after the date the bank becomes subject to the surcharge.
(6) Enrolled Indians who are service users subscribing for service from within the limits of an Indian reservation.
(7) Federal credit unions organized in accordance with the provisions of the Federal Credit Union Act.
(c) Toll charges used in the collection and dissemination of news for public press.
(d) Charges for wide-area telephone service used by common carriers in the conduct of their business.
(e) Charges for intrastate telephone communication services which are exempt from the federal communication services tax pursuant to section 4253 of the Internal Revenue Code of 1954.
History—Adopted April 6, 1977, effective July 1, 1977.
Amended January 9, 1980, effective February 29, 1980. In (b)(5) added second and third sentences.
Amended January 26, 2016, effective July 1, 2016. The amendments replaced "Article" with "article" in subdivision (b)(4); replaced "Section" with "section" in subdivisions (b)(4) and (e); and deleted subdivision (b)(7) and renumbered old subdivision (b)(8) as subdivision (b)(7).