Were sales to Puerto Rico's Economic Development Administration exempt from California sales tax in 1980?

Short answer Yes, under the Board's 1980 interim position. Because the case law was inconclusive, California followed the U.S. Department of Justice view that Puerto Rico remained a United States agency or instrumentality, pending clearer legislation or case law.
State
CA
Ruling
Annotation 505.0730
Tax type
Sales and Use Tax
Issued
1980-10-07
Issued by
California State Board of Equalization
Requested by
The Governor of Puerto Rico

Apply this to your situation

This page answers the general question as of 1980. Ask about yours and see what current California tax law says, with citations.

Currency note: this ruling is from 1980
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 an October 7, 1980 California State Board of Equalization assistant-chief-counsel letter published by CDTFA as support for a sales and use tax annotation. It expressly describes the case law as inconclusive and adopts the U.S. Department of Justice position only pending clarifying legislation or case law. Do not treat it as a current determination of Puerto Rico's status without updated research. 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 whether sales to Puerto Rico's Economic Development Administration were exempt under the rule for sales to the United States and its instrumentalities.

The Board said the post-1952 case law on Puerto Rico's status was inconclusive. It nevertheless followed a May 5, 1980 U.S. Department of Justice opinion that commonwealth status had not changed Puerto Rico's fundamental political relationship with the United States and that Puerto Rico remained an unincorporated federal agency or instrumentality.

On that interim basis—and expressly pending clearer legislation or case law—California treated sales to the Economic Development Administration as exempt under Revenue and Taxation Code section 6381.

What this means for you

Vendors to Puerto Rico entities and tax advisers

This is a historically qualified conclusion, not a timeless rule. Verify the exact purchasing entity and current federal and California authority before claiming exemption.

Common questions

Q: Did California find the governing case law settled?

A: No. It called the law inconclusive.

Q: Why did it allow the exemption?

A: It adopted the U.S. Department of Justice's instrumentality position pending further authority.

Q: Which purchaser was at issue?

A: Puerto Rico's Economic Development Administration.

Citations and references

  • California Revenue and Taxation Code § 6381
  • May 5, 1980 U.S. Department of Justice letter described in the opinion

Source

Original ruling text

505.0730

STATE OF CALIFORNIA

STATE BOARD OF EQUALIZATION
(916) 445-3723

October 7, 1980

Dear Governor:
Commonwealth of Puerto Rico
This is in regard to the question of whether California sales tax applies to sales to the Economic Development Administration (EDA) of Puerto Rico. We regret our delay in responding. The inconclusive case law on this question necessitated extensive research. While the case law on the question of the status of Puerto Rico after 1952 is inconclusive, the United States Department of Justice has now committed itself to the position that the Commonwealth of Puerto Rico is an unincorporated agency or instrumentality of the United States. We have received a letter dated May 5, 1980, from Assistant Attorney General M. Carr Ferguson agreeing with your position that California sales tax does not apply to the sales to the EDA. His opinion is based on the conclusion that Puerto Rico’s fundamental political relationship to the United States was not changed by Puerto Rico’s obtaining commonwealth status. We have decided, pending further legislation or case law clarifying Puerto Rico’s status, to accede to the United States Department of Justice’s opinion that Puerto Rico is still an agency or instrumentality of the United States Government. Therefore, sales to the EDA are within the exemption provided by Section 6381 of the California Revenue and Taxation Code and are not subject to California sales tax. Sincerely,

Gary J. Jugum
Assistant Chief Counsel

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