How did California tax a larger-screen conversion on a customer-owned television set versus a new set being sold?

Short answer For a customer-owned set, tax applied to parts and materials but not separately stated installation labor; for a new set sale, the full converted-set charge was taxable.
State
CA
Ruling
Annotation 315.0860
Tax type
Sales and Use Tax
Issued
1950-01-12
Issued by
California State Board of Equalization
Requested by
A business converting television sets to larger screen sizes

Apply this to your situation

This page answers the general question as of 1950. Ask about yours and see what current California tax law says, with citations.

Currency note: this ruling is from 1950
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 official annotation identifier and URL are 315.0860, while the supporting opinion's first line prints 325.0860; this page preserves the official identifier and discloses the source defect. The 1950 result distinguished a customer-owned set from conversion performed as part of selling a new set. Current television, repair-part, installation-labor, fabrication, new-property, and invoice rules control today.
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

For a customer-owned television set converted to a larger screen size, California treated the converter as the retailer of the parts and materials. If installation labor was separately stated, tax applied only to the retail selling price of those parts and materials.

If the business converted a new television set as part of selling that set, tax applied to the full charge for the converted television.

Common questions

What was taxable for a customer-owned television?

The retail selling price of parts and materials.

Was separately stated installation labor taxable?

No.

What about a new television converted as part of its sale?

The full charge was taxable.

Citations and references

  • Historical Sales and Use Tax Ruling 26 (discussed but found inapplicable)

Source

Original ruling text

325.0860

STATE OF CALIFORNIA

STATE BOARD OF EQUALIZATION

January 12, 1950

S--- and R--XXX --- --- Street
--- --- XX, California

Gentlemen:
This is in answer to your letter for December 27 with respect to the application of State sales tax to a charge by your client for converting a television set owned by a customer to a larger screen size. It is our opinion that your client is the retailer of the parts and materials furnished in connection with the conversion of the customer’s television set to a larger screen size. Accordingly, if the charge for the labor of installing such parts and materials are separately stated, the tax will apply only to the retail selling price of such parts and materials. Paragraphs 2 and 3 of Sales and Use Tax Ruling 26, referred to in your letter, refer to specific types of repair operations and do not appear to be pertinent to the operations herein involved. If the conversion is to a new television set sold by your client and is a service rendered as a part of the sale of such set, the tax will apply to your client’s full charge for the converted set. Very truly yours,

R. G. Hamlin
Associate Tax Counsel

RGH:HB
Enclosures
cc:

Mr. Wm. R. Thomson

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