Could a California laundry-rental business buy garments and towels ex-tax because customers rented them in Nevada?

Short answer No. Recurring laundering made the business the consumer, and the source treated the items as used in its California business.
State
CA
Ruling
Annotation 330.2668
Tax type
Sales and Use Tax
Issued
1988-09-13
Issued by
California State Board of Equalization
Requested by
Redacted California rental-service company's tax manager

Apply this to your situation

This page answers the general question as of 1988. Ask about yours and see what current California tax law says, with citations.

Currency note: this ruling is from 1988
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 September 13, 1988 follow-up assumes recurring laundering or cleaning was an essential part of the garment and towel rentals and says the taxpayer's business was located in California. It also refers to circumstances supplied in an earlier letter that is not included in this source when denying a Nevada-tax credit. It is not precedential advice for another taxpayer, and CDTFA says statutory law controls if it conflicts with an annotation. Service terms, where property is stored and processed, first use, interstate movement, another state's tax, credit rules, and current law can change the result.
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 California business rented garments, towels, and similar items to Nevada customers while providing recurring laundering or cleaning.

The opinion said that when recurring cleaning is an essential part of the rental contract, the operator is the consumer of the rented articles. Tax therefore applied to the sale of the items to the operator rather than treating their purchase as an ex-tax purchase for resale.

The source also treated the textiles as used in the operator's California business even though customers rented them in Nevada. It therefore rejected an ex-tax resale purchase and said no California credit was available for Nevada taxes under the circumstances previously presented.

Common questions

Why was the operator the consumer instead of a reseller?

Because the recurring laundering or cleaning service was assumed to be an essential part of the rental contract.

Did Nevada delivery by itself allow an ex-tax purchase?

No. The opinion said the California-based operator used the articles in its business.

Does the source establish that a Nevada-tax credit is never available?

No. It denied a credit only under circumstances described in an earlier letter that is not reproduced here.

Citations and references

  • Cal. Rev. & Tax. Code §§ 6006(g)(2) and 6010(e)(2); Cal. Code Regs., tit. 18, reg. 1506(a) — consumer treatment when recurring laundering or cleaning is essential to the rental

Source

Original ruling text

330.2668

STATE OF CALIFORNIA

STATE BOARD OF EQUALIZATION
(916) 445-5550

September 13, 1988

Mr. W--- G--Manager, Tax Department
A--- S---, Inc.
P. O. Box XXXX
---, CA XXXXX
Re:

SY -- XX-XXXXXX

Dear Mr. G---:
In a letter dated September 12, 1988, I discussed alternatives available to A--- when purchasing property to be rented in Nevada. That property includes garments, towels, and other such items. However, I overlooked the fact that your rentals of such items probably involves furnishing the recurring service of laundering or cleaning of the items rented. If this is the case, the following rules apply. A--- is the consumer of the items rented when an essential part of the rental contract is the furnishing of the recurring service of laundering or cleaning of the articles rented, and tax applies to the sale to A--- of such items. (Reg. 1506(a); see Rev. & Tax. Code §§ 6006(g)(2), 6010(e)(2).) The items rented are regarded as used by A--- in its business. Since the business is located in California, A--- uses the items in California even if it rents them in Nevada. A--- may therefore not purchase these items ex-tax for resale. As I previously noted, there is no credit in California for the taxes paid to Nevada under the circumstances you present. Sincerely,

David H. Levine
Tax Counsel

DHL:ss
Enclosures

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