Did an aircraft finance structure qualify when a manufacturer subsidiary leased to a holding company that subleased through one common carrier to another?

Short answer Yes. The letter confirmed that the described purchase, lease, sublease, and sub-sublease to the operating common carrier qualified for the aircraft exemption.
State
CA
Ruling
Annotation 105.0290
Tax type
Sales and Use Tax
Issued
1985-06-05
Issued by
California State Board of Equalization
Requested by
An aircraft manufacturer's tax director seeking written confirmation that a multilevel finance lease to common carriers qualified

Apply this to your situation

This page answers the general question as of 1985. Ask about yours and see what current California tax law says, with citations.

Currency note: this ruling is from 1985
Subsequent statutory amendments, regulation changes, court decisions, or later rulings may have changed the analysis. Treat this page as historical context, not current tax advice. Verify current law before relying on any specific rule, rate, or position mentioned here.
Disclaimer: This is a California State Board of Equalization tax-counsel confirmation letter whose header prints June 5, 1981 but responds to a May 24, 1985 request; the coherent June 5, 1985 date is used, while CDTFA's annotation metadata gives June 28, 1985. The short source confirms only the described structure and provides no separate operational-use facts. Another taxpayer should not treat it as binding and should check current aircraft, finance-lease, holding-company, sublease, common-carrier, and sales-and-use-tax rules. This summary is informational only and is not legal or tax advice.
About this page: The plain-English summary, reader guidance, and Q&A below were written by Ezel based on the official state tax ruling. The original ruling (linked on this page as a PDF) is the authoritative source for any reliance.
View original ruling (PDF)

Plain-English summary

An aircraft manufacturer had a sales agreement with the holding company of two common carriers. The holding company assigned its purchase rights to a leasing subsidiary of the manufacturer.

The leasing company would buy the aircraft and lease it back to the holding company. The holding company would sublease it to one common carrier, which would sub-sublease it to the second carrier for commercial operation inside and outside California.

Tax counsel confirmed prior oral advice that the described finance structure qualified for the section 6366.1 aircraft exemption. The letter gives no additional flight-hour, first-use, or documentation facts beyond the stated common-carrier operation and transaction chain.

Citations and references

  • California Revenue and Taxation Code section 6366.1 (as cited)
  • California Sales and Use Tax Regulation 1593(h) (as cited)

Source

Original ruling text

105.0290

STATE OF CALIFORNIA

STATE BOARD OF EQUALIZATION

WILLIAM M. BENNETT
First District, Kentfield

1020 N STREET, SACRAMENTO, CALIFORNIA
(PO BOX 1799, SACRAMENTO, CALIFORNIA 95808)
(916) 445-8485

CONWAY H. COLLIS
Second District, Los Angeles
ERNEST J. DRONENBURG, JR
Third District, San Diego
RICHARD NEVINS
Fourth District, Pasadena
KENNETH CORY
Controller, Sacramento

June 5, 1981

DOUGLAS D. BELL
Executive Secretary

Mr. R. I. F--Director – Tax Administration
M--- Corporation
--- ---, Missouri XXXXX
Dear Mr. F---:
This is in response to your letter of May 24, 1985 which requested confirmation of certain advice rendered to you orally by Assistant Chief Counsel Gary Jugum. You asked that he confirm his advice that the following described transaction qualifies for the aircraft exemption from California sales and use tax as provided in Revenue and Taxation Code Section 6366.1 and Regulation 1593(h). “The transaction involves the finance purchase of a new aircraft from M--Corporation (M), the aircraft manufacturer. M has entered into a sales agreement for the aircraft with the stock holding company of common carriers X & Y. The stock holding company has assigned its rights under the agreement to a leasing company, a subsidiary of M, which will purchase the aircraft from M and lease it to the stock holding company. The stock holding company will sublease the aircraft to common carrier X which will in turn sub-sublease the aircraft to common carrier Y. Common carrier Y will place the aircraft in commercial operation both within and without California. This is to confirm the advice given you by Mr. Jugum that the foregoing transaction qualifies for the aircraft exemption. Very truly yours,

E. Leslie Sorensen, Jr.
Tax Counsel

ELS:rar

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