Could freestanding cardboard standees and hanging cardboard mobiles used in businesses qualify as printed sales messages?
Apply this to your situation
This page answers the general question as of 1996. Ask about yours and see what current California tax law says, with citations.
Plain-English summary
California recorded that freestanding cardboard advertising displays, commonly called standees, were functionally equivalent to posters and qualified as printed sales messages when placed at retailers to advertise products.
The Business Taxes Committee reached the same result for hanging mobile cardboard advertisements made from cardboard, dowels, and string and commonly suspended from business ceilings.
The suggested annotation limited the conclusion to standees and mobiles printed for the principal purpose of advertising or promoting goods or services.
What this means for you
Display producers and tax professionals
Physical depth or hanging hardware did not prevent these cardboard displays from being treated like posters. Still verify promotional purpose and every other statutory exemption condition separately.
Common questions
Q: Did freestanding cardboard standees qualify as printed sales messages?
A: Yes, when principally promotional.
Q: Did hanging cardboard mobiles qualify?
A: Yes, on the same poster-equivalence rationale.
Q: Did the memorandum decide delivery and special-order requirements?
A: No. It addressed classification of the items and their principal purpose.
Source
- Annotated Legal Opinions collection: CDTFA Annotated Legal Opinions
- Annotation page: Annotation 432.0130
- Original supporting memorandum: 432.0130 PDF
Original ruling text
State of California
Memorandum
To :
Mr. Glenn A. Bystrom,
Deputy Director
Sales and Use Tax Department
MIC:43
From :
Ronald L. Dick
Senior Staff Counsel
Subject:
Printed Sales Messages
Board of Equalization
Legal Division-MIC: 82
Telephone: 445-6450
432.0130
Date: June 26, 1996
At a recent sales tax appeals hearing, the Board decided that freestanding cardboard printed matter (commonly known as “standees”) which are placed at retailers’ places of business to advertise products qualify as printed sales messages, since the items are functionally equivalent to posters. At the Board’s June 25, 1996 Business Taxes Committee meeting, the Committee decided that hanging mobile cardboard advertisements (the “mobiles” made of cardboard, dowels, and string which generally are hung from ceilings by a string) are also functionally equivalent to posters and qualify as printed sales messages. In accordance with the Committee’s direction, please annotate this opinion. We suggest the following wording: Freestanding cardboard printed matter (sometimes known as “standees”) and hanging mobile cardboard printed matter commonly placed in businesses and printed for the principal purpose of advertising or promoting goods or services qualify as printed sales messages.
RLD:sr
cc: Mr. Robert Nunes - MIC:40
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