Did a contractor erecting a California hospital consume the window materials incorporated into the building?

Short answer Yes. The contractor consumed the incorporated window materials, so their purchase was subject to sales or use tax depending on whether interstate-commerce rules exempted the sale.
State
CA
Ruling
Annotation 190.1880
Tax type
Sales and Use Tax
Issued
1952-02-21
Issued by
California State Board of Equalization
Requested by
L--- Corporation

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: The published annotation is titled 'Leaded Glass Church Windows' and says the same rule applies to hospital windows, while the February 21, 1952 supporting letter itself addresses hospital window materials and interstate sales. The January 22 request, certificate application, Sales and Use Tax Law pamphlet, and enclosed copies of former Rulings 11, 55, and 73 through 77 are not reproduced in the official PDF. This summary keeps that source scope visible. Modern nexus, interstate-commerce, installation, and contractor rules require current review.
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

A contractor erecting a California hospital was the consumer of window materials incorporated into the building. The contractor's purchases were therefore subject to either sales tax or use tax.

Which tax applied depended generally on whether the particular sale was exempt from sales tax because of its interstate character. The letter also assumed the out-of-state supplier had no California place of business and discussed its authority to collect use tax.

The published annotation extends the material treatment to leaded-glass church windows, but those church-window facts do not appear in the supporting letter's extracted text.

Common questions

Who consumed the hospital window materials?

The building contractor.

Did the letter decide whether sales tax or use tax applied to every purchase?

No. It said that depended on the transaction's interstate character.

Citations and references

  • Former California Sales and Use Tax Ruling 55 — interstate character of a transaction as the general sales-tax-versus-use-tax determinant cited; a copy was identified as enclosed but is not reproduced in the official PDF
  • Former California Sales and Use Tax Ruling 11 — construction-contractor treatment enclosed; not reproduced in the official PDF
  • Former California Sales and Use Tax Rulings 73 through 77 — use-tax collection guidance enclosed; not reproduced in the official PDF
  • January 22, 1952 requester letter — California hospital window materials and request for use-tax collection authority identified; not reproduced in the official PDF
  • Application for a certificate of authority to collect use tax and pamphlet copy of the California Sales and Use Tax Law — identified as enclosed; not reproduced in the official PDF

Source

Original ruling text

190.1880

STATE OF CALIFORNIA

STATE BOARD OF EQUALIZATION

February 21, 1952

L--- Corporation
P. O. Box XXXX
---, Florida
Attention:

Mr. B--- M---

Gentlemen:
In reply to your letter of January 22, we advise that a contractor erecting a hospital in California is regarded as the consumer of window materials incorporated into the building. Accordingly, his purchases of window materials are subject either to the sales tax or to the use tax. Whether the sales or sue tax applies to a particular transaction depends in general on whether the transaction is exempt from sales tax by reason of its interstate character, as is more fully explained in Sales and Use Tax Ruling 55, copy enclosed. As you requested, we enclose an application for a certificate of authority to collect use tax. We also enclose a pamphlet copy of the Sales and Use Tax Law, Ruling 11, and Rulings 73 through 77. We have assumed that you have no place of business in this State. If you have, you are required to collect the use tax, as explained in the enclosed ruling. Very truly yours,

E. H. Stetson
Tax Counsel

NBH:ja
cc:

Mr. F--- T. L---

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