Were weekly printed job-status reports prepared from a contractor's own information taxable when they also contained incidental safety topics or jokes?

Short answer No. California treated the customer-specific job-status reports as a service, and incidental safety or humorous content did not make them taxable.
State
CA
Ruling
Annotation 515.1370
Tax type
Sales and Use Tax
Issued
1984-05-14
Issued by
California State Board of Equalization
Requested by
A provider of weekly contractor job-status reports (identity redacted)

Apply this to your situation

This page answers the general question as of 1984. Ask about yours and see what current California tax law says, with citations.

Currency note: this ruling is from 1984
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 Tax Counsel opinion dated May 14, 1984, published by CDTFA as support for a sales and use tax annotation. It concerns weekly printed reports created from customer-furnished project information, with only incidental additional content. Another reporting provider should check current custom-report, data-processing, standardized-content, printing, digital-delivery, software, and sales-tax 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 provider offered contractors and other businesses a weekly "time value reminder service." It turned customer-furnished project information into printed job-status reports used to coordinate work.

California treated the provider as performing a service rather than selling tangible personal property. The weekly report was based on each customer's information and supported project coordination.

Adding incidental material that the customer had not specifically requested, such as a safety topic or a joke, did not turn the service into a taxable sale.

What this means for you

Custom reporting providers

Customer-specific reports built from the client's own project data supported service treatment even though the result was printed.

Accountants and tax professionals

Distinguish custom processing of customer information from sales of standardized reports, publications, templates, or multiple copies.

Common questions

Q: Were the weekly status-report charges taxable?

A: No.

Q: Did including a safety topic make the report taxable?

A: No.

Q: Did including a joke make the report taxable?

A: No.

Source

Original ruling text

515.1370

STATE OF CALIFORNIA

STATE BOARD OF EQUALIZATION
916/445-6493

May 14, 1984

Mr. P--- L. W--XXX --- -----, CA XXXXX

No Permit

Dear Mr. W---:
Your letter of April 2, 1984, has been referred to me for reply. You ask whether the “service” you provide your clients is subject to tax. We understand that you offer a “time value reminder service” to contractors and to other business entities whereby you provide your client, on a weekly basis, printed job status reports which are based on customer furnished information. Apparently these reports are used as an aid in the coordination of various projects by the contractor. You state that the reports might also include some incidental information such as a safety topic or joke. California Sales and Use Tax Law imposes a tax on the sale or use of tangible personal property in this state, unless the sale or use is otherwise exempt from taxation. Tax does not apply, however, to charges for the performance of a service if there is no “sale” of tangible personal property. We have reviewed the enclosed sample copy of a typical report which you issue to your customers. It is our opinion that you are providing a service rather than selling tangible personal property when you furnish your clients such written reports. The incidental inclusion of information in the report which is not specifically requested by the customer such as a joke would not result in a taxable sales transaction. Therefore, your charges for the time value reminder service are not subject to sales or use tax. If you have any further questions, please write this office. Very truly yours,

Charles J. Graziano
Tax Counsel

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