The lessee is not relieved from liability for the tax until he or she is given such a receipt or the tax is paid to the state. When the lessee is not subject to use tax for example, insurance companiesthe sales tax applies. The sales tax is upon the lessor and is measured by the rentals payable. Neither the sales tax nor the use tax applies to leases to the United States and its instrumentalities unless federal law permits taxing the instrumentality.
For a more complete explanation regarding sales to the United States and its instrumentalities see Regulation 18 CCR The "rentals" subject to the tax include any payments required by the lease, including amounts paid for personal property taxes on the leased property, whether assessed directly against the lessee or against the lessor, but does not include amounts paid to the lessor for:. A Collection costs, including attorney's fees, court costs, repossession charges, and storage fees; but tax does apply to any delinquent rental payments, including those collected by court action.
C Cost incurred in defending a court action or paying a tort judgment arising out of the lessee's operation of the leased property, or any premiums paid on insurance policies covering such court actions or tort judgments. D Cost incurred in disposing of the leased property at expiration or earlier termination of the lease. F Separately stated optional insurance charges, maintenance or warranty contracts. G Personal property taxes assessed against personal property where a bank or financial corporation is the lessor.
H "Customer facility fees" collected pursuant to Civil Code sectionor any other law whereby a local agency operating an airport requires a rental car company to collect a facility financing fee from its customers. No sales or use tax is due with respect to the rentals charged for tangible personal property leased in substantially the same form as acquired by the lessor, or by his or her transferor, as to which the lessor or transferor has paid sales tax reimbursement or has paid use tax measured by the purchase price.
If such tax has not been so paid, and the lessor desires to pay tax measured by the purchase price, it must be reported and paid timely with the return of the lessor for the period during which the property is first Other Places - Various - Lunateka Vol.
1 (CD) in rental service. A timely return is a return filed within the time prescribed by Sections or of the Revenue and Taxation Code, whichever is applicable. In the case of property ultimately leased in substantially the same form as acquired, payment of tax or tax reimbursement measured by the purchase price at the time the property is acquired constituted an irrevocable election not to pay tax measured by rental receipts.
The lessor may not change his or her election by reporting tax on rental receipts and claiming a tax-paid-purchase-resold deduction. A A purchaser of tangible personal property acquired in a transaction defined as an occasional sale in section B A purchaser of tangible personal property acquired in a transaction which qualifies under section This provision has application where the transferor did not pay tax or tax reimbursement when he or she acquired the property.
For purposes of this provision, the transaction will qualify if the property is acquired in a transfer of all or substantially all of the tangible personal property held or used by the transferor in all of his or her activities requiring the holding of a seller's permit or permits or in an activity or activities not requiring the holding of a seller's permit or permits and the ownership of the tangible personal property is substantially similar after the transfer see also b 1 E above.
C The election provided for in subdivisions c 4 A and c 4 B above shall be exercised by the lessor in a timely return filed for the period in which the property is first leased by him or her. Tax does not apply to receipts from subleases of tangible personal property which is leased in substantially the same form as acquired by the prime lessor where the prime lessor has paid sales tax reimbursement or use tax measured by his or her purchase price.
Also, tax does not apply to subleases of tangible personal property if the tax is paid on rental receipts derived under the prime lease, or any prior sublease. If a lessor, after leasing property and collecting and paying use tax, or paying sales tax, measured by rental receipts, makes any use of the property in this state, other than incidental use, he or she is liable for use tax measured by the purchase price of the property. He or she may, however, apply as a credit against the tax so computed, the amount of tax previously paid to the Board with respect to rentals of the property.
If the credit is less than the tax, he or she must pay the difference with his return, but may apply the amount of such payment against his or her liability for tax on subsequent rentals of the property. Effective January 1,through December 31,any amount collected as tax or tax reimbursement by the lessor from the lessee on such subsequent rentals will be regarded as excess tax reimbursement to the extent that the lessor is permitted by the foregoing provisions to apply the amount of his or her payment for use tax against his or her liability for tax on subsequent rentals of the property.
An incidental use, e. See Regulation An agreement providing for the lease of tangible personal property and granting the lessee an option to purchase the property results in a sale when the option is exercised. The tax applies to the amount required to be paid by the purchaser upon the exercise of the option. A lessor who leases property in substantially the same form as acquired and who has paid a retail sales or use tax, or reimbursement therefor, imposed with respect to that property by any other state, political subdivision thereof or the District of Columbia prior to leasing the property in this state may credit the payment against any use tax imposed on him or her by this state because of such lease.
However, to be entitled to the credit the lessor must make a timely election to measure any tax liability for the property by its purchase price, unless the out-of-state tax equals or exceeds the tax imposed on him or her by this state.
If the out-of-state tax equals or exceeds the tax imposed on him or her by this state, the lessor will be deemed to have made a timely election and the rental receipts will not be subject to tax provided the property is leased in substantially the same form as acquired.
If a timely election is not made, no credit will be allowed because the tax due will be a use tax measured by rental receipts and imposed directly against the lessee, a person other than the one who paid the out-of-state tax or tax reimbursement. If the lessee is not subject to use tax and the lessor does not make a timely election to pay tax measured by his or her purchase price, he or she may not credit the amount of the out-of-state tax against the tax due on the rental receipts because the tax due is a sales tax rather than a use tax.
A credit otherwise permitted by the foregoing provisions shall not be allowed against taxes which are measured by periodic payments made under a lease, to the extent that taxes imposed by any other state, political subdivision or the District of Columbia were also measured by periodic payments made under a lease prior to the lease of the property in this state.
The situations described in BCand D below involve existing leases which are "sales" and Other Places - Various - Lunateka Vol. 1 (CD) subject to tax measured by rental payments.
When such a lease is assigned, whether or not title to the leased property is transferred, the rental payments remain subject to tax, without any option to measure tax by the purchase price. An assignee-purchaser who uses the property after termination of the lease is subject to use tax measured by the purchase price as provided in c 6 above.
Generally, when an existing lease that is not a "sale" and "purchase" is assigned, whether or not title to the leased property is transferred, the rental payments are not subject to tax. If title is transferred, tax applies measured by the sales price. For rules relating to the assignment of leases of mobile transportation equipment coming within the exclusions provided in sections g 4 and e 4 of the Revenue and Taxation Code, see Regulation 18 CCR This type of assignment is an assignment by the lessor of the right to receive the rental payments together with the creation of a security interest in the leased property which is designated as such.
The assignee has recourse against the assignor. The assignee in this situation does not have the rights of a lessor and is not obligated to collect or pay the tax measured by the rental payments. The lessor remains subject to the obligation of collecting and reporting the tax even if he or she does not receive the rental payments directly from the lessee.
The assignee, however, is obligated to remit to the Board any amounts paid to him or her by the lessee as tax. If the assignee enforces the security agreement and takes title to the property, the assignee as lessor becomes responsible for collecting and reporting the tax. This type of assignment is an assignment by the lessor of the lease contract together with the transfer of the right, title, and interest in the leased property for security purposes.
After the termination of the lease, the property usually reverts to the original lessor. The assignment contract may specify that the transfer is for security purposes, or the circumstances may otherwise demonstrate it e. In this situation, the assignee has assumed the position of a lessor. He or she is required to hold a seller's permit and is obligated to collect, report and pay the tax to the Board. The assignor should obtain a resale certificate, covering the property in question, from the assignee.
This type of assignment is an assignment by the lessor of the lease contract together with the transfer of all right, title, and interest in the leased property. The assignment is not for security purposes, and the assignor does not retain any substantial ownership rights in the contract or the property.
The assignee has no recourse against the assignor. A lease of a portable toilet unit is a sale or purchase and tax applies measured by the lease or rental price regardless of whether the unit is leased in substantially the same form as acquired and regardless of whether sales tax reimbursement or use tax has been paid. Charges for mandatory maintenance or cleaning services of portable toilet units are subject to tax as part of the rental price.
Charges for optional maintenance or cleaning services of portable toilet units are not part of the rental price of the portable toilet units and are not subject to tax. Maintenance or cleaning services are mandatory within the meaning of this regulation when the lessee, as a condition of the lease or rental agreement, is required to purchase the maintenance or cleaning service from the lessor. Maintenance or cleaning services are optional within the meaning of this regulation when the lessee is not required to purchase the maintenance or cleaning service from the lessor.
Charges for maintenance or cleaning services will be considered mandatory and therefore part of the taxable rental price, unless the lessor provides documentary evidence establishing that such charges are optional.
The terms of the lease or rental agreement determine whether the maintenance or service charges are mandatory or optional. In the absence of a lease Other Places - Various - Lunateka Vol.
1 (CD) rental agreement, or in the absence of language in the lease or rental agreement specifying whether the maintenance or service charges are mandatory or optional, an invoice stating that the maintenance or cleaning charges are optional, and separately stating these charges from the rental charge, will be sufficient to support the exemption from tax.
Other documentary evidence may be accepted by the Board to establish that the maintenance or cleaning is performed at the option of the lessee. When the maintenance or cleaning services are subject to tax, the supplies used to perform these services are considered to be sold with the services and may be purchased for resale. When the maintenance or cleaning services are not subject to tax, the provider of these services is the consumer of the supplies, and tax generally applies to the sale to or the use of these supplies by the provider of the maintenance or cleaning services.
On and after September 1,the rental or lease of a video cassette, videotape, or videodisc for private use under which the lessee or renter does not obtain or acquire the right to license, broadcast, exhibit, or reproduce the video cassette, videotape, or videodisc is a sale or purchase and tax applies measured by rental receipts. Tax applies measured by rental receipts regardless of whether the property is leased in substantially the same form as acquired and regardless of whether sales tax reimbursement or use tax has been paid by the lessor with respect to the purchase price of the video cassette, videotape, or videodisc.
If the property was rented, leased or otherwise used prior to September 1,no refund, credit, or offset for any sales tax reimbursement or use tax paid on the purchase price will be allowed against the tax measured by the lease or rental price after September 1, A lease of any form of animal life of a kind the products of which ordinarily constitute food for human consumption is not subject to tax. Tax does not apply to leases of composed type or reproduction proofs thereof by a typographer to another person for use in the preparation of printed matter or to leases of such reproduction proofs or impressed mats to a printer or publisher for use in printing, except when the reproduction proof is a component part of a "paste-up", "mechanical" or "assembly".
Sales tax does not apply to sales of repair parts to a lessor which are used by him or her in maintaining the leased equipment pursuant to a mandatory maintenance contract where the rental receipts are subject to tax.
Such repair parts are regarded as being part of the sale of the leased item and may be purchased for resale. The amount paid by the lessee under the mandatory maintenance contract is regarded as part of the rental payments.
A lease of a neon sign that is personal property is subject to the provisions of the Sales and Use Tax Law as any other lease of personal property. For the purpose of this regulation, "tangible personal property" includes any leased fixture affixed to realty if the lessor has the right to remove the fixture upon breach or termination of the lease agreement, unless the lessor of the fixture is also the lessor of the realty to which the fixture is affixed.
The term fixture as used herein has the same meaning as the term "fixture" in Regulation 18 CCR Leases of structures together with the component parts of such structures, e. Accordingly, tax applies to contracts to construct such structures and the attached components in accordance with Regulation 18 CCR On and after September 26,leases of factory-built school buildings relocatable classrooms as defined in paragraph c 4 B of Regulation 18 CCR"Construction Contractors", will be treated as leases of real property with the lessor to the school or school district as the consumer.
If the lessor is the manufacturer, tax applies to the manufacturer's costs of all tangible personal property used in constructing the factory-built school building. For purposes of this section, "structure" does not include any prefabricated mobile homes, or similar items which are registered with the Department of Motor Vehicles. It also does not include a portable building, such as a shed or kiosk, which is moveable as a unit from its site of installation, unless the building is physically attached to the realty, upon a concrete foundation or otherwise.
Such a building resting in place by its own weight, whether upon the ground, a concrete slab, or sills or piers, is not a "structure.
Those fixtures which are essential to the structure such as heating and air conditioning units, sinks, toilets, and faucets, which are leased by the lessor of the structure to which they are attached are considered part of the structure and therefore improvements to real property. On the other hand, those fixtures which although being a component part of the structure are leased by other than the lessor of the structure, will be considered tangible personal property.
Accordingly, the tax consequences with respect to such fixtures will be the same Other Places - Various - Lunateka Vol. 1 (CD) with respect to any other lease of tangible personal property. A The leasing of any mobilehome purchased by a retailer without payment of sales tax reimbursement or use tax and first leased prior to July 1,is a continuing sale and tax is due measured by the periodic lease payments unless the mobilehome becomes subject to local property taxation, in which event the lease of the property is thereafter exempt from the sales and use tax.
B The lease of a new mobilehome purchased by a retailer without payment of sales tax reimbursement or use tax and first leased on or after July 1,is excluded from classification as a continuing sale and the lessor's use of such property by leasing is subject to the use tax.
If the use of the property is for occupancy as a residence then the tax is measured by an amount equivalent to 75 percent of the purchase price paid by the lessor's vendor. The grooves of a record are continuous and lossless. As long as you have a good turntable, you can hear the recording exactly as it was played. This isnt necessarily true of modern album releases, though. Many new records and remasters are actually pressed from digital master files. Vinyl records are collectible, too.
Many records from the time when vinyl ruled are now rare. Original pressings of albums from classic bands like The Rolling Stones and Pink Floyd can have real historic value. Collectability isnt limited to classic releases, either. Since digital formats became the main medium for music, record companies have tended to treat vinyl records as special editions, so albums often come with unique artwork and other bonuses. A vinyl records condition is of huge importance to collectors, so they often look for graded records.
These are rated on a common scale, although there is some subjectivity involved. Mint records are those that are Other Places - Various - Lunateka Vol. 1 (CD) perfect condition and have been stored very carefully. They will never have been played and the disc and sleeve will display no damage. Some will still be sealed. Brought to you by MetaBrainz Foundation and our sponsors and supporters. Cover Art provided by the Cover Art Archive.
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Diamond Ring - Bon Jovi - Коллекция Альбомов 1984-2002 (CD), I Have A Dream - ABBA - The Singles (The First Ten Years) (Vinyl, LP), Warschauer Konzert - Bernard Lawrence - Rhapsodie In Blue (Vinyl, LP), Folding - Eaters - Eaters (Vinyl, LP), Do You Know - The Lost Lyrics* - Rotzlöffel (CD, Album), The Young And The Restless (Instrumental), The Lovin Spoonful - Daydream (Vinyl), Small Cuts - Various - Bricolage : VA Volume 5 (File), King Boulevard - Gerald Albright - Just Between Us (CD, Album), Poor Baby - The Cowsills - All Time Hits (Vinyl, LP), To Ramona - Bob Dylan - Biograph (Vinyl, LP), Disco Macabre - The Deejays (Vinyl)