Salinas California Form 945-V 2017-2025

Salinas California Form 945-V: What You Should Know

Sales and Use Tax (cal.632). Sales and Use Tax is collected in California by local taxing authorities and by the state, based on the location of the taxable transactions. The state portion of sales and use tax is collected in California through the sales and use tax code under Chapter 632. A sales and use tax is not required to be paid to the vendor when: Sales or use tax is collected on all property purchased at the same tax rate. (Section 632(d)). Property is not used in business, and there are no commercial activities in which it would be materially used. (Section 632(e)). Sales of real property are not exempt from imposition of a tax. (Section 632(i)). Property is used in a business where gross income is not derived from business activities (Section 632(j)). The following are the sections in Section 632 that determine the taxable transaction. In many sales and use tax (SOUP) jurisdictions, the property being sold and the tax are treated similarly. In these cases, the property would constitute the vendor's principal place of business. Sales is a payment on the property being sold as a consideration for the property to be sold, provided that at the time the taxable transactions are entered into, the property is in “operable and Useable condition.” (Section 632(s)). When a vendor sells real property, there is a nexus between the property being purchased and the property being sold. (Section 632(v)). The vendor would be considered to have a principal place of business if the following are true: The vendor: Receives tangible personal property from the person or entity who is the purchaser; uses the property in the vendor's commercial activities or for business purposes; and makes the property available for use by purchasers or leases in the normal course of the seller's commercial activities or for business purposes. As an alternative to the nexus requirement, the seller may choose to determine the buyer's location by other tangible and intangible factors. (SECTION 632(s)(3)). (SECTION 632(v)). See the definitions of “goods” and “services” for more information regarding the tax bases of this section.

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