For the period commencing on January 1, 1999, and ending on December 31, 2000, the partial exemption applies to the taxes imposed by sections 6051, 6051.3, 6201, and 6201.3 of the Revenue and Taxation Code (5%), but does not apply to the taxes imposed pursuant to sections 6051.2 and 6201.2 of the Revenue and Taxation Code, the Bradley-Burns Uniform Local Sales and Use Tax Law, the Transactions and Use Tax Law, or section 35 of article XIII of the California Constitution.
For the period commencing on January 1, 2001, and ending on December 31, 2001, the partial exemption applies to the taxes imposed by sections 6051 and 6201 of the Revenue and Taxation Code (4.75%), but does not apply to the taxes imposed pursuant to sections 6051.2 and 6201.2 of the Revenue and Taxation Code, the Bradley-Burns Uniform Local Sales and Use Tax Law, the Transactions and Use Tax Law, or section 35 of article XIII of the California Constitution.
For the period commencing on January 1, 2002, and ending on June 30, 2004, the partial exemption applies to the taxes imposed by sections 6051, 6051.3, 6201, and 6201.3 of the Revenue and Taxation Code (5%), but does not apply to the taxes imposed pursuant to sections 6051.2 and 6201.2 of the Revenue and Taxation Code, the Bradley-Burns Uniform Local Sales and Use Tax Law, the Transactions and Use Tax Law, or section 35 of article XIII of the California Constitution.
For the period commencing on July 1, 2004, and ending on March 31, 2009, the partial exemption applies to the taxes imposed by sections 6051, 6051.3, 6051.5, 6201, 6201.3, and 6201.5 of the Revenue and Taxation Code (5.25%), but does not apply to the taxes imposed or administered pursuant to sections 6051.2 and 6201.2 of the Revenue and Taxation Code, the Bradley-Burns Uniform Local Sales and Use Tax Law, the Transactions and Use Tax Law, or section 35 of article XIII of the California Constitution.
For the period commencing on April 1, 2009, and ending on June 30, 2011, the partial exemption applies to the taxes imposed by sections 6051, 6051.3, 6051.5, 6051.7, 6201, 6201.3, 6201.5, and 6201.7 of the Revenue and Taxation Code (6.25%) but does not apply to the taxes imposed or administered pursuant to sections 6051.2 and 6201.2 of the Revenue and Taxation Code, the Bradley-Burns Uniform Local Sales and Use Tax Law, the Transactions and Use Tax Law, or section 35 of article XIII of the California Constitution.
For the period commencing on July 1, 2011, and ending on December 31, 2012, the partial exemption applies to the taxes imposed by sections 6051, 6051.3, 6051.5, 6201, 6201.3, and 6201.5 of the Revenue and Taxation Code (5.25%), but does not apply to the taxes imposed or administered pursuant to sections 6051.2 and 6201.2 of the Revenue and Taxation Code, the Bradley-Burns Uniform Local Sales and Use Tax Law, the Transactions and Use Tax Law, or section 35 of article XIII of the California Constitution.
For the period commencing on January 1, 2013, and ending on December 31, 2015, the partial exemption applies to the taxes imposed by section 36 of article XIII of the California Constitution and sections 6051, 6051.3, 6051.5, 6201, 6201.3, and 6201.5 of the Revenue and Taxation Code (5.50%), but does not apply to the taxes imposed or administered pursuant to sections 6051.2 and 6201.2 of the Revenue and Taxation Code, the Bradley-Burns Uniform Local Sales and Use Tax Law, the Transactions and Use Tax Law, or section 35 of article XIII of the California Constitution.
For the period commencing on January 1, 2016, and ending on December 31, 2016, the partial exemption applies to the taxes imposed by section 36 of article XIII of the California Constitution and sections 6051, 6051.3, 6201, and 6201.3 of the Revenue and Taxation Code (5.25%), but does not apply to the taxes imposed or administered pursuant to sections 6051.2 and 6201.2 of the Revenue and Taxation Code, the Bradley-Burns Uniform Local Sales and Use Tax Law, the Transactions and Use Tax Law, or section 35 of article XIII of the California Constitution.
For the period commencing on January 1, 2017, the partial exemption applies to the taxes imposed by sections 6051, 6051.3, 6201, and 6201.3 of the Revenue and Taxation Code (5%), but does not apply to the taxes imposed or administered pursuant to sections 6051.2 and 6201.2 of the Revenue and Taxation Code, the Bradley-Burns Uniform Local Sales and Use Tax Law, the Transactions and Use Tax Law, or section 35 of article XIII of the California Constitution.
Subject to the limitations set forth above, this partial exemption applies to sales or use taxes imposed on the gross receipts from the sale of, and the storage, use, or other consumption in this state of, any of the following items:
The term "teleproduction or other postproduction services" also includes, but is not limited to:
Definitions of the terms used in this subdivision are provided in Appendix C.
The providing of special configured equipment to be used in (A) through (D) above with 24 hour a day, 7-day a week available on site technical support where the provider is deemed to be providing a qualified teleproduction or other postproduction service, is not a lease of tangible personal property.
This partial exemption also does not apply to any tax levied pursuant to section 6051.2 and 6201.2 of the Revenue and Taxation Code, or pursuant to section 35 of article XIII of the California Constitution.
A section 6378 exemption certificate which is not taken timely will not relieve the seller of the liability for tax excluded by the partial exemption unless the seller presents satisfactory evidence to the Board that the specific property was sold to a qualified person and primarily used in a qualifying manner.
The exemption certificate form set forth in Appendix A may be used as an exemption certificate.
While the Board will not normally require the filing of the Section 6378 exemption certificate with a sales and use tax return, when necessary for the efficient administration of the Sales and Use Tax Laws, the Board may, on 30 days' written notice, require a seller to commence filing with its sales and use tax returns copies of all certificates. The Board may also require that, within 45 days of the Board's request, sellers furnish to the Board any and all exemption certificates, or copies thereof, accepted for the purpose of supporting the partial exemption.
The property shall not, however, be regarded as converted to a use not qualifying for the partial exemption if the qualified person sells or leases the property to a qualified person for qualified use in California.
For purposes of this subdivision, tangible personal property shall not be regarded as being converted to a non-qualifying use if such property is used for teleproduction or other postproduction services in this state for more than one half of the one year period from the date of purchase of the property.
A lessee is a qualified person if the lessee is "primarily engaged" in teleproduction or other postproduction activities and meets the requirements of a qualified person set forth in subdivision (c)(2).
For example, if a qualified person purchases property under the partial exemption, and then leases the property to a non-qualified person, the lease receipts will not be subject to tax as the purchaser has elected to pay tax on their cost. However, if the qualified person who purchases the property leases the property to a non-qualified person for more than one half of the one year period following the date of purchase, the lessor is not using the property in a qualifying manner and is responsible for the tax excluded by the partial exemption based upon the purchase price of the property.
Cal. Code Regs. Tit. 18, § 1532
2. Change without regulatory effect amending subsection (a) and appendices A and B filed 2-13-2001 pursuant to section 100, title 1, California Code of Regulations (Register 2001, No. 7).
3. Change without regulatory effect amending subsection (a) and Appendices A and B filed 4-16-2002 pursuant to section 100, title 1, California Code of Regulations (Register 2002, No. 16).
4. Relocation of article 4 heading formerly preceding section 1532 to precede section 1540 filed 6-7-2002; operative 7-7-2002 (Register 2002, No. 23).
5. Change without regulatory effect amending subsection (a) and appendices A and B filed 11-12-2004 pursuant to section 100, title 1, California Code of Regulations (Register 2004, No. 46).
6. Editorial correction of Appendix A and HISTORY 5 (Register 2009, No. 23).
7. Change without regulatory effect amending subsection (a) and appendices A and B filed 6-4-2009 pursuant to section 100, title 1, California Code of Regulations (Register 2009, No. 23).
8. Change without regulatory effect amending subsection (a) and appendices A and B filed 1-9-2012 pursuant to section 100, title 1, California Code of Regulations (Register 2012, No. 2).
9. Change without regulatory effect amending subsection (a) and first paragraphs of appendices A and B filed 7-11-2013 pursuant to section 100, title 1, California Code of Regulations (Register 2013, No. 28).
10. Change without regulatory effect amending subsection (a) and appendices A and B filed 12-16-2015 pursuant to section 100, title 1, California Code of Regulations (Register 2015, No. 51).
11. Change without regulatory effect amending subsection (a) and appendices (A) and (B) filed 3-9-2017 pursuant to section 100, title 1, California Code of Regulations (Register 2017, No. 10).
Note: Authority cited: Section 7051, Revenue and Taxation Code. Reference: Section 6378, Revenue and Taxation Code.
2. Change without regulatory effect amending subsection (a) and appendices A and B filed 2-13-2001 pursuant to section 100, title 1, California Code of Regulations (Register 2001, No. 7).
3. Change without regulatory effect amending subsection (a) and Appendices A and B filed 4-16-2002 pursuant to section 100, title 1, California Code of Regulations (Register 2002, No. 16).
4. Relocation of article 4 heading formerly preceding section 1532 to precede section 1540 filed 6-7-2002; operative 7-7-2002 (Register 2002, No. 23).
5. Change without regulatory effect amending subsection (a) and appendices A and B filed 11-12-2004 pursuant to section 100, title 1, California Code of Regulations (Register 2004, No. 46).
6. Editorial correction of Appendix A and History 5 (Register 2009, No. 23).
7. Change without regulatory effect amending subsection (a) and appendices A and B filed 6-4-2009 pursuant to section 100, title 1, California Code of Regulations (Register 2009, No. 23).
8. Change without regulatory effect amending subsection (a) and appendices A and B filed 1-9-2012 pursuant to section 100, title 1, California Code of Regulations (Register 2012, No. 2).
9. Change without regulatory effect amending subsection (a) and first paragraphs of appendices A and B filed 7-11-2013 pursuant to section 100, title 1, California Code of Regulations (Register 2013, No. 28).
10. Change without regulatory effect amending subsection (a) and appendices A and B filed 12-16-2015 pursuant to section 100, title 1, California Code of Regulations (Register 2015, No. 51).
11. Change without regulatory effect amending subsection (a) and appendices (A) and (B) filed 3-9-2017 pursuant to section 100, title 1, California Code of Regulations (Register 2017, No. 10).