Were client charges for memorial entries in a society-owned Book of Remembrance taxable when clients could receive a card and wallet?

Short answer No. California treated the memorial entry as a service and the remembrance card as incidental, while taxing the society's purchases and outside hand lettering.
State
CA
Ruling
Annotation 515.0011.910
Tax type
Sales and Use Tax
Issued
1990-08-16
Issued by
California State Board of Equalization
Requested by
A memorial society (identity partially redacted)

Apply this to your situation

This page answers the general question as of 1990. Ask about yours and see what current California tax law says, with citations.

Currency note: this ruling is from 1990
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 California State Board of Equalization Assistant Chief Counsel opinion dated August 16, 1990, published by CDTFA as support for a sales and use tax annotation. The official source has redactions and imperfect text-layer extraction, but the operative tax conclusions are readable and it contains no case citations requiring OCR citation verification. Another memorial provider should check current service-enterprise, lettering, card, wallet, memorial-property, and bundled-charge rules. 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 society maintained its own Book of Remembrance as a lasting memorial. For a client charge, it inscribed an entry under the date of death; longer entries could include an emblem, badge, or crest for an additional amount.

California agreed that the client charge was not taxable because the society retained the book and provided a memorial service rather than selling the book to the client.

A folded remembrance card and protective wallet could be furnished to a client as a copy of the inscription. That transfer did not change the overall transaction from a service into a property sale.

The society was the consumer of the property used in providing the service. Tax applied to sales of the Book of Remembrance and folded cards to the society. If someone other than the society's employee performed the hand lettering and inscription work, tax also applied to that person's charge to the society.

What this means for you

Memorial organizations

Retaining the memorial book and providing an entry service differed from selling the book itself; incidental client copies did not control the transaction.

Accountants and tax professionals

Track tax on the provider's book, cards, wallets, emblems, and contracted lettering even when the customer-facing memorial charge is nontaxable.

Common questions

Q: Were charges for memorial entries taxable?

A: No.

Q: Did a remembrance card and wallet make the client transaction taxable?

A: No.

Q: Was the society's purchase of the memorial book taxable?

A: Yes.

Q: Was outside hand lettering taxable?

A: Yes.

Source

Original ruling text

(916) 445-3723

August 16, 1990

This is in response to your letter of August 9, 1990. We understand that the Society of will be maintaining a Book of Remembrance at its
~ m , to provide a lasting record and memorial. A memorial entry will be inscribed in the Book of Remembrance under the date of death. With entries of five or more lines, space is available to enhance the memorial by the inclusion, at extra cost, of emblems, badge~ or crests. You note that the Book of Remembrance is the personal property of t h e - S o c i e t y . You state the client receives no tangible p e r ~ o p e r t y . We note, however, that the brochure which you provided to us indicates that a folded remembrance card with a protective PVC coach-hide wallet is available to persons who wish to have a copy of the inscription as it appears in the book. We are in agreement with your analysis that the charges you make to your clients are not subject to sales tax. The Book of Remembrance is not sold to clients. The fact that a folded remembrance card may be furnished to the client does not change the overall nature of the transaction from a service transaction to a sale transaction. Tax thus applies to charges made to t h e - S o c i e t y for the Book of Remembrance and for folded remem~ards. We note that charges for hand lettering are subject to tax. Thus, if the lettering work is done by someone other than an employee of the - S o c i e t y , sales tax applies to the charge made to the Society for the lettering and inscription work. Very truly yours,

Ga.r y J. Jugurn
Atsistant Chief Counsel

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