Tax applies to a printer's sale of special printing aids as provided in subdivision (c).
Charges for alterations of film work for $100 or less shall be considered charges for restoring property to its original condition and not subject to tax. Charges greater than $100 shall be considered charges for fabrication labor and subject to tax.
Typographers and typesetters are the consumers and not retailers of materials, such as typesetting machinery, metal forms, galleys, proofing paper, and cleaners which are used in the performance of their service and are consumers of materials transferred to their customers incidental to the performance of nontaxable typography or typesetting services, such as clip art that is combined with text on the same page.
Composed type includes type together with lined borders and plain, straight, fancy, or curved lines. Composed type also includes charts, tables, graphs, and similar methods of providing information.
The transfer of camera-ready copy containing text only or text and clip art in the form of a paste-up, mechanical, or assembly, or a camera-ready reproduction of such, is the transfer of composed type and the charge made by the typographer or typesetter to his or her customer is not subject to tax. Tax does not apply to the transfer of a direct photoreproduction of type composed by means of a photolettering or headlining machine or other similar device.
Camera-ready copy which is produced through the use of desktop publishing software and a personal computer is nontaxable composed type provided it does not contain artwork other than clip art.
Transfers of plates and mats for use in the printing process which are produced using composed type are subject to tax, and tax applies to the entire charge made to the customer including any portion of the charge attributable to the type composition service, whether that charge is separately stated or not. Transfers of engraved printing plates and duplicate plates such as electrotypes, plastic plates, rubber plates, and other plates used in letterpress printing are subject to tax. Similarly, transfers of exposed presensitized, wipe-on, deep-etch, bi-metal and other plates used in offset lithography or of exposed plates produced by a photo-direct method, do not qualify as transfers of reproduction proofs of composed type and are subject to tax. A transfer of gelatin coated film to be transferred to fine mesh silk in the silk-screening process is subject to tax.
However, if ten percent or fewer of the pages contain artwork, the true object of the sale shall be deemed to be a sale of typography services with an incidental transfer of artwork, and the typographer is the consumer of that artwork. Tax applies to the sale price of the artwork, or its components, to the typographer. Tax does not apply to the sale of the typography service as explained in subdivision (f)(1).
Tax does not apply to charges for painting or lettering on real property. The painter or letterer is the consumer of the materials used in such work, and tax applies with respect to the sale of such property to, or the use of such property by, the painter or letterer.
NOTE: For Publications, exemption of certain, see regulation 1590 (Section 1590), Title 18).
NOTE: For Advertising Agencies, see regulation 1540 (Section 1540, Title 18). For Mailing Services, see regulation 1504 (Section 1504, Title 18).
Cal. Code Regs. Tit. 18, § 1541
2. Amendment filed 12-2-72; effective thirtieth day thereafter (Register 72, No. 52).
3. Amendment filed 1-11-89; operative 2-10-89 (Register 89, No. 3).
4. Repealer of subsections (a)-(h), new subsections (a)-(g), redesignation of former subsection (i) as subsection (h), and amendment of NOTE filed 11-3-99; operative 12-3-99 (Register 99, No.45).
5. Amendment filed 9-3-2002; operative 10-3-2002 (Register 2002, No. 36).
Note: Authority cited: Section 7051, Revenue and Taxation Code. Reference: Sections 6006- 6012, Revenue and Taxation Code.
2. Amendment filed 12-2-72; effective thirtieth day thereafter (Register 72, No. 52).
3. Amendment filed 1-11-89; operative 2-10-89 (Register 89, No. 3).
4. Repealer of subsections (a)-(h), new subsections (a)-(g), redesignation of former subsection (i) as subsection (h), and amendment of Notefiled 11-3-99; operative 12-3-99 (Register 99, No.45).
5. Amendment filed 9-3-2002; operative 10-3-2002 (Register 2002, No. 36).