How did California allocate a $12 dinner-club membership when the promoter kept $10 and paid $2 to a restaurant offering a free meal with an equal-value purchase?

Short answer The promoter's $10 was not taxable, while the restaurant's $2 share and the price of the purchased meal were taxable restaurant receipts. The restaurant was not to charge tax on the free meal.
State
CA
Ruling
Annotation 550.0340
Tax type
Sales and Use Tax
Issued
1962-11-27
Issued by
California State Board of Equalization
Requested by
An internal Board inquiry about dinner-club membership receipts

Apply this to your situation

This page answers the general question as of 1962. Ask about yours and see what current California tax law says, with citations.

Currency note: this ruling is from 1962
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 November 27, 1962 internal tax-counsel memorandum analyzes a specific $12 dinner-club arrangement in which a promoter retained $10 and paid $2 to a participating restaurant. Different membership economics or redemption terms may produce a different result, and current law controls over the annotation. 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 one-year dinner-club membership cost $12. It entitled the member to a free meal at a participating restaurant if the member bought another meal of equal or greater value.

The promoter kept $10 of the membership price and paid $2 to the restaurant. Tax counsel treated the promoter's $10 as not subject to tax, but included the restaurant's $2 share in the restaurant owner's gross receipts. The amount charged for the meal the customer actually purchased was also taxable.

The restaurant was not supposed to charge tax on the free meal. If it did, the memorandum said that excess reimbursement had to be paid to the state under section 6054.5.

Common questions

Was the entire $12 membership fee taxable?

No. The source excluded the promoter's $10 share and included the restaurant's $2 share in restaurant gross receipts.

Which meal charge was taxable at redemption?

The price collected for the required purchased meal. The companion meal was free under the membership offer.

Could the restaurant keep tax charged on the free meal?

No. The memorandum treated that amount as excess reimbursement payable to the state.

Citations and references

  • California Revenue and Taxation Code section 6054.5 (as cited)

Source

Original ruling text

State of California

Board of Equalization

550.0340

Memorandum
To:

Mr. H. A. Dickson

From:

Headquarters – Tax Counsel (JHK)

Subject:

Taxability of Receipts from Sales of Dinner Club Memberships

Date:

November 27, 1962

In researching this matter, I found that Mr. Stetson had written several letters recently on similar situations. However, in none of these did the promoter turn over part of the receipts of sales of the memberships to the restaurant owner. Therefore, I waited until Mr. Stetson returned before writing you. In the instant case, the membership entitles the member to a free meal at the given restaurant provided he purchases a meal of equal or greater value. The membership sells for $12.00 and is good for one year. The promoter keeps $10.00 and turns $2.00 over to the restaurant owner. It is our opinion that the $10.00 kept by the promoter is not subject to tax, but that the $2.00 paid the restaurant owner is a part of his gross receipts. Also amounts collected for the sale of the one meal at the restaurant are taxable. If a restaurant charges tax on the price of the free meal, it of course, must pay such excessive reimbursement over to the state under the provisions of §6054.5. Apparently, it is the practice in some cases for the restaurant to charge tax on both meals. This is probably done through ignorance, and if the restaurant is made aware that it must pay this excessive reimbursement over to the state, this practice will probably stop. JHK:cw cc: Marysville - Auditing

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