Was a jeweler's furnishing of expensive real jewelry for actresses to wear in motion pictures a taxable use?

Short answer No. The Board treated it as demonstration and display because the jeweler was using the movie exposure to seek buyers for expensive real jewelry, such as a diamond necklace, and the merchandise suffered little or no depreciation in value.
State
CA
Ruling
Annotation 210.0180
Tax type
Sales and Use Tax
Issued
1959-05-13
Issued by
California State Board of Equalization
Requested by
Jeweler under audit (identity redacted)

Apply this to your situation

This page answers the general question as of 1959. Ask about yours and see what current California tax law says, with citations.

Currency note: this ruling is from 1959
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 May 13, 1959 California State Board of Equalization legal memorandum responds to Los Angeles Auditing's April 7 memorandum; the year and separate request are not supplied in the official PDF. It depends on the expensive real jewelry, promotional sales purpose, film use, and lack of depreciation described and is not binding for another product-placement arrangement. The source supplies no studio agreements, jewelry records, or later audit action. CDTFA says statutory law controls if inconsistent with an annotation. 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

A jeweler furnished expensive real jewelry to motion-picture studios so actresses could wear it while making films. The example given was a diamond necklace, not imitation or costume jewelry.

The Board treated this arrangement as demonstration and display rather than taxable use. The jewelry lost little or no value, and the jeweler's purpose was to sell the merchandise by exposing it to potential buyers through the film production.

What this means for you

Jewelers and luxury retailers

Document that the exact merchandise remains saleable and that the entertainment use is intended to promote its sale.

Film studios

The memorandum addressed property furnished by the jeweler as promotional display inventory; it did not classify a studio's own costume or production purchases.

Accountants and tax professionals

The Board emphasized both the merchandise's minimal loss of value and the seller's sales objective. Different products or wear patterns may produce different facts.

Common questions

Q: Did the studio pay for the jewelry use?
A: The memorandum does not say whether the studios paid.

Q: Was costume jewelry covered?
A: No. The opinion specifically distinguished expensive real jewelry from imitation or costume jewelry.

Q: Why did the arrangement qualify as demonstration?
A: The jeweler was seeking to sell the jewelry, and film use displayed it without materially depreciating its value.

Q: What example did the memorandum give?
A: A real diamond necklace.

Citations and references

  • Los Angeles Auditing's April 7 memorandum — year and separate memorandum not supplied in the official PDF
  • Studio arrangements and jewelry records — facts described without agreements, item records, or later audit action in the official PDF

Source

Original ruling text

State of California

Board of Equalization

Memorandum

To:

Los Angeles – Auditing (CHS)

From:

Headquarters – Sales Tax Counsel

Subject:

L--- --- C--XXXX --- Boulevard


210.0180
Sacramento
May 13, 1959

now: -- XX-XXXXXX
Account -- - XXXXXX

With reference to your memorandum of April 7, we have considered the matter and it is our opinion that the furnishing of jewelry to the motion picture studios for the use of actresses while making motion pictures may be considered as displaying of the merchandise and not such a use as to require payment of tax by the jeweler upon the cost of the jewelry. As the jewelry is not imitation jewelry, but is real jewelry of the expensive variety, as for example a diamond necklace, there would, of course, be little or no depreciation in the value of the jewelry. Furthermore, as you point out, the jeweler is seeking to sell his merchandise by allowing actresses to wear the jewelry during the making of pictures. This would seem to be a form of demonstration.

E. H. Stetson

EHS:rg

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