Today's Law As Amended


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AB-798 Sales and use taxes: occasional barterer.(2013-2014)



As Amends the Law Today


SECTION 1.

 Section 6006.5 of the Revenue and Taxation Code is amended to read:

6006.5.
 “Occasional sale” includes all of the following:
(a) A sale of tangible personal  property not held or used by a seller in the course of activities for which he or she is required to hold a seller’s permit or permits or would be required to hold a seller’s permit or permits if the activities were conducted in this state, provided that the sale is not one of a series of sales sufficient in number, scope, and character to constitute an activity for which he or she is required to hold a seller’s permit or would be required to hold a seller’s permit if the activity were conducted in this state. satisfies any of the following: 
(1) The sale not one of a series of sales sufficient in number, scope, and character to constitute an activity for which he or she is required to hold a seller’s permit or would be required to hold a seller’s permit if the activity were conducted in this state.
(2) The gross receipts from the sale of tangible personal property are two thousand dollars ($2000.00) or less and the consideration for the sale is other than money.
(3) The seller makes no more than 12 sales of tangible personal property the gross receipts from which exceed two thousand dollars ($2000.00) during any 12-month period, and the consideration for the sale is other than money.
(b) Any transfer of all or substantially all the property held or used by a person in the course of those activities when after the transfer the real or ultimate ownership of the property is substantially similar to that which existed before the transfer. For the purposes of this section, stockholders, bondholders, partners, or other persons holding an ownership interest in a corporation or other entity are regarded as having the “real or ultimate ownership” of the property of the corporation or other entity.
(c) A sale of property, other than hay, by a producer of hay, provided that the sale is not one of a series of sales sufficient in number, scope, or character to constitute an activity for which the producer would be required to hold a seller’s permit if the producer were not also selling hay.

SEC. 2.

 Section 6019 of the Revenue and Taxation Code is repealed.

6019.
 Every individual, firm, copartnership, joint venture, trust, business trust, syndicate, association or corporation making more than two retail sales of tangible personal property during any 12-month period, including sales made in the capacity of assignee for the benefit of creditors, or receiver or trustee in bankruptcy, shall be considered a retailer within the provisions of this part in his or its individual, firm, copartnership, joint venture, trust, business trust, syndicate, associate or corporate capacity.
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.
SEC. 4.
 This act provides for a tax levy within the meaning of Article IV of the Constitution and shall go into immediate effect.