Cal. Code Regs. tit. 18 § 2413

Current through Register 2024 Notice Reg. No. 45, November 8, 2024

Section 2413 - Exemptions from Surcharge

The surcharge does not apply to:

(a) Charges for service or equipment furnished by a service supplier subject to public utilities regulation during any period when the same or similar service or equipment is also available for sale or lease from other than a service supplier subject to public utility regulation.

(b) Charges for service when imposition of such surcharge would be in violation of the Constitution of the United States, the United States Code, or the laws of the State of California. These include charges for service to:

(1) The United States, its unincorporated agencies and instrumentalities, or any state of the United States.

(2) Any incorporated agency or instrumentality of the United States wholly owned by either the United States, or by a corporation wholly owned by the United States.

(3) The American National Red Cross, its chapters and branches.

(4) Insurance companies, including title insurance companies, subject to taxation under California Constitution, article XIII, section 28.

(5) Banks, including national banking associations, located within the limits of this state. The exemption for state banks and national banking associations has been repealed beginning with the bank's income year for Bank and Corporation Tax purposes commencing on or after January 1, 1981. The service supplier shall collect the surcharge from each state bank and each national banking association beginning with the first regular billing period applicable to that bank which commences on or after the date the bank becomes subject to the surcharge.

(6) Enrolled Indians who are service users subscribing for service from within the limits of an Indian reservation.

(7) Federal credit unions organized in accordance with the provisions of the Federal Credit Union Act.

(c) Toll charges used in the collection and dissemination of news for public press.

(d) Charges for wide-area telephone service used by common carriers in the conduct of their business.

(e) Charges for intrastate telephone communication services which are exempt from the federal communication services tax pursuant to section 4253 of the Internal Revenue Code of 1954.

Cal. Code Regs. Tit. 18, § 2413

1. Amendment of subsection (b)(5) filed 1-30-80; effective thirtieth day thereafter (Register 80, No. 5).
2. Amendment of subsection (b)(4), repealer of subsection (b)(7), subsection renumbering and amendment of subsection (e) filed 3-28-2016; operative 7-1-2016 (Register 2016, No. 14).

Note: Authority cited: Section 41128, Revenue and Taxation Code. Reference: Sections 41003- 41019, 41020- 41049, 41052- 41053, 41073- 41095, and 41129, Revenue and Taxation Code.