Were extensive incinerators built on brick and concrete bases with onsite brickwork materials or fixtures?

Short answer They were materials under the historical rule because they were extensive outdoor structures on brick and concrete bases and their brickwork was performed at the site.
State
CA
Ruling
Annotation 190.1760
Tax type
Sales and Use Tax
Issued
1952-12-03
Issued by
California State Board of Equalization
Requested by
A manufacturer or installer of extensive outdoor incinerators (identity redacted)
Topics

Apply this to your situation

This page answers the general question as of 1952. Ask about yours and see what current California tax law says, with citations.

Currency note: this ruling is from 1952
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 December 3, 1952 Assistant Counsel letter classifies particular extensive outdoor incinerators shown in requester correspondence and photographs, built on brick and concrete bases with brickwork performed at the erection site. The heading identifies October 18 and November 25 letters while the body refers to an August 21 letter; none of those letters or the accompanying photographs is reproduced in the official PDF. Smaller, prefabricated, modular, or differently installed incinerators require separate current-law analysis.
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

The particular incinerators were materials rather than fixtures under former Board Ruling 11.

The decision rested on their physical form and construction method: they were extensive outdoor structures built on brick and concrete bases, and their brickwork was performed at the erection site.

Common questions

Did the letter classify every incinerator as material?

No. It addressed the particular structures described in the request and shown in photographs.

What facts supported material treatment?

Their extensive size, brick-and-concrete bases, and onsite brickwork.

Citations and references

  • Former California Sales and Use Tax Ruling 11 — historical material-versus-fixture classification of the particular incinerators applied
  • Requester letters dated October 18 and November 25, as identified in the heading, and August 21, as identified in the body — incinerator facts and the requester's proposed material classification described; not reproduced in the official PDF
  • Accompanying photographs — extensive outdoor incinerators on brick and concrete bases with apparent jobsite brickwork shown, examined, and relied upon; not reproduced in the official PDF

Source

Original ruling text

190.1760

STATE OF CALIFORNIA

STATE BOARD OF EQUALIZATION

December 3, 1952
Your letters of October 18
And November 25


Dear Mr. ---:
You inquire whether the incinerator mentioned in your letter of August 21 might not more properly be regarded as “materials” rather than as “fixtures” under Ruling 11. As is indicated by your letter and the accompanying photographs, these incinerators are extensive outdoor structures built on a brick and concrete base. It appears that the brick work is done at the erection site. After examination of this evidence it appears to us that you are entirely correct in your view that these particular incinerators may properly be regarded as materials under Ruling 11. Very truly yours,

W. W. Mangels
Assistant Counsel

WWM:ja
cc:

Los Angeles – Tax Administrator

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