Was a 208-page directory listing contracted medical providers by name, address, and specialty a printed sales message?

Short answer No. The listings supported referrals within a health-plan network and were informational rather than advertising or promoting provider services.
State
CA
Ruling
Annotation 432.0030
Tax type
Sales and Use Tax
Issued
1993-05-26
Issued by
California State Board of Equalization
Requested by
A Board audit office seeking internal advice about a medical-provider network directory

Apply this to your situation

This page answers the general question as of 1993. Ask about yours and see what current California tax law says, with citations.

Currency note: this ruling is from 1993
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 is a May 26, 1993 California State Board of Equalization internal legal memorandum published by CDTFA as support for a sales and use tax annotation. CDTFA separately publishes substantially the same medical-directory analysis as Annotation 432.0032.400. The conclusion depended on the submitted directory containing only provider names, addresses, and specialties used for network referrals. 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 Board audit office asked whether a 208-page health-plan network directory qualified as a printed sales message. It listed contracted medical providers' names, addresses, and specialties. Providers and plan enrollees used it to make referrals within the network.

The Legal Division concluded that the directory was informational. Its listings did not advertise or promote the sale of goods or services, so it did not qualify under section 6379.5 and Regulation 1541.5(a)(1).

CDTFA separately publishes substantially the same May 26, 1993 medical-directory analysis under Annotation 432.0032.400. Each annotation retains its own official source URL.

What this means for you

Health plans, directory publishers, printers, and tax professionals

Paid or business-related provider information is not automatically advertising. Examine whether the listings merely help users navigate a network or actively promote purchases of particular goods or services.

Common questions

Q: What information appeared in the directory?

A: Provider names, addresses, and medical specialties.

Q: How was the directory used?

A: Contracted providers and health-plan enrollees used it to make referrals within the network.

Q: Why was it not a printed sales message?

A: The listings were informational and did not advertise or promote sales.

Citations and references

  • California Revenue and Taxation Code § 6379.5
  • California Sales and Use Tax Regulation 1541.5(a)(1)

Source

Original ruling text

State of California

Board of Equalization
Legal Division

432.0030

Memorandum
To:

From:

Subject:

REDACTED TEXT

Date:

May 26, 1993

Ronald L. Dick
Senior Staff Counsel
REDACTED TEXT
This is in in reply to your April 2, 1993 memorandum regarding the application of sales and use tax to sales of a network directory to REDACTED TEXT. You asked whether the directory qualifies as a "printed sales message" as defined at subdivision (a)(1) of Sales and Use Tax Regulation 1541.5. You sent a copy of the directory for our review. It consists of 208 pages of listings of the name, address, and specialty of medical service providers who have contracted with REDACTED TEXT. Ms. REDACTED TEXT, Director of Member Services for REDACTED TEXT, explained in a February 19, 1993 letter that the contracted providers and the health plan enrollees depend on the directory in making referrals within the network. After reviewing the copy of the directory you sent, we believe that it does not qualify as a "printed sales message." Revenue and Taxation Code section 6379.5 provides the exemption for catalogs, letters, circulars, brochures, and pamphlets consisting substantially of printed sales messages for goods and services. We believe that the directory you sent provides only informational listings. The listings do not advertise or promote the sale of goods or services. If you have further questions regarding this, feel free to write again. RLD:sr

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