Were supplies bought by a California agency exempt when the federal government allotted the money for the purchase?

Short answer No. California treated the sales tax as imposed on the retailer and folded into the price paid by the state agency. Federal allotment of the purchase funds did not exempt the transaction.
State
CA
Ruling
Annotation 505.0680
Tax type
Sales and Use Tax
Issued
1952-07-28
Issued by
California State Board of Equalization
Requested by
A correspondent seeking authority on state purchases with federal funds (identity redacted)

Apply this to your situation

This page answers the general question as of 1952. Ask about yours and see what current California tax law says, with citations.

Currency note: this ruling is from 1952
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 July 28, 1952 California State Board of Equalization tax-counsel letter published by CDTFA as support for a sales and use tax annotation. It summarizes then-existing Attorney General and Comptroller General authorities on state-agency purchases funded by federal allotments; the enclosed opinions are not part of this source. Verify current law. 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

California considered sales of supplies to state agencies when the federal government allotted the purchase money.

The authorities described in the letter treated California sales tax as legally imposed on the retailer. From the purchaser's perspective, the tax became part of the price rather than a direct tax on the governmental buyer.

The state agency's use of federal funds therefore did not exempt the sale. The letter said the issue had been settled by the cited California Attorney General and U.S. Comptroller General authorities.

What this means for you

State agencies, grant administrators, vendors, and tax advisers

Do not equate federal funding with a federal purchaser. Determine who buys the supplies and where the legal incidence of the tax falls.

Common questions

Q: Did federal funding exempt the purchase?

A: No.

Q: Who was the purchaser?

A: The state agency.

Q: How did the letter characterize the vendor's sales tax?

A: As part of the price from the purchaser's perspective.

Citations and references

  • California Attorney General Opinions NS2129, NS4618, and NS4717
  • U.S. Comptroller General Decision A-88689 (January 31, 1942), as identified in the source

Source

Original ruling text

1925

State agencies purchase supplies with federal funds

505.0680

STATE OF CALIFORNIA

STATE BOARD OF EQUALIZATION
July 28, 1952

REDACTED TEXT

Dear Mr. REDACTED TEXT:
In accordance with our recent telephone discussion I am enclosing herewith Opinions of Attorney General NS2129, November 21, 1939, NS4618, November 27, 1942, and NS4717, February 8, 1943, all dealing with the application of the State sales tax with respect to sales to State agencies to which Federal funds were allotted for the purchase of supplies. Opinion NS4717 deals particularly with the right of the retailer to obtain reimbursement for the tax. In Opinion NS2l29 note particularly the next to the last paragraph. Also enclosed is an additional copy of Decision A-88689, January 31, 1942, Comptroller General of the United States. These opinions cite the various decisions holding the California sales tax to be imposed upon the retailer and, therefore, in so far as the purchaser is concerned, a part of the price and nothing else. Other decisions are also cited in support of the position of the State that the tax is applicable notwithstanding that the State agency making the purchase used Federal funds allotted to it for that purpose. There have been no cases since those cited in the enclosed opinions that I could mention which I believe would be of further assistance to you. The matter having been quite definitely settled by the authorities mentioned in these opinions, there seems to have been no further litigation in which the particular point in question has been discussed. If, however, I can be of any further assistance to you, I shall be glad to do so in any way that I can. Very truly yours

E. H. Stetson
Tax Counsel

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