Today's Law As Amended


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AB-855 Sales and use taxes: consumers: veterans: itinerant vendors.(2011-2012)



As Amends the Law Today


SECTION 1.

 Section 6018.3 of the Revenue and Taxation Code is amended to read:

6018.3.
 (a) A  On and after January 1, 1986, a  qualified itinerant vendor is a consumer of, and shall not be considered a retailer of, tangible personal property owned and sold by the qualified itinerant vendor, except alcoholic beverages or tangible personal property sold for more than one hundred dollars ($100).
(b) For purposes of this section, a person is a “qualified itinerant vendor” when all of the following apply:
(1) The person was a member of the Armed Forces of the United States, who received an honorable discharge or a release from active duty under honorable conditions.
(2) The person is unable to obtain a livelihood by manual labor due to a service-connected disability.
(3) For the purposes of selling tangible personal property, the person is a sole proprietor with no employees.
(4) The person has no permanent place of business in this state.
(c) For purposes of this section, “permanent place of business” means any building or other permanently affixed structure, including a residence, that is used in whole or in part for the purpose of making sales of, or taking orders and arranging for shipment of, tangible personal property. For purposes of this section, “permanent place of business” does not include any building or other permanently affixed structure, including a residence, used for any of the following:
(1) The storage of tangible personal property.
(2) The cleaning or the storage of equipment or other property used in connection with the manufacture or sale of tangible personal property.
(d) This section shall not apply to either of the following:
(1) A person engaged in the business of serving meals, food, or drinks to a customer at a location owned, rented, or otherwise supplied by the customer.
(2) A person operating a vending machine.
(e) This section shall remain in effect only until January 1, 2022, and as of that date is repealed.
SEC. 2.
 The Legislature finds and declares that the amendment of Section 6081.3 of the Revenue and Taxation Code by this act serves a public purpose and does not constitute a gift of public funds within the meaning of Section 6 of Article XVI of the California Constitution.
SEC. 3.
 Notwithstanding Section 2230 of the Revenue and Taxation Code, no appropriation is made by this act and the state shall not reimburse any local agency for any sales and use tax revenues lost by it under this act.