Was premium merchandise exempt when out-of-state customers mailed trading stamps to a California redemption center and the center mailed merchandise back out of state?

Short answer Yes. Redeeming stamps for merchandise was a retail sale, but retailer-arranged shipment by mail to out-of-state recipients made it an exempt interstate-commerce sale.
State
CA
Ruling
Annotation 555.0080
Tax type
Sales and Use Tax
Issued
1967-08-18
Issued by
California State Board of Equalization
Requested by
Counsel asking for a California trading-stamp company (identity redacted)

Apply this to your situation

This page answers the general question as of 1967. Ask about yours and see what current California tax law says, with citations.

Currency note: this ruling is from 1967
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 August 18, 1967 California State Board of Equalization tax-counsel opinion issued for a trading-stamp company and published by CDTFA as support for a sales and use tax annotation. Its interstate-commerce conclusion depends on out-of-state customers mailing stamps to California and the California retailer mailing premium merchandise directly to those out-of-state recipients under the redemption contract. Historical ruling citations and current shipment rules should be checked. 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 California trading-stamp company planned to close its redemption centers in Nevada, Arizona, Texas, and New Mexico. Customers in those states would mail accumulated stamps to the remaining California center, which would mail premium merchandise back to them.

The Board treated delivery of merchandise for the prescribed number of trading stamps as a retail sale by the redemption center.

Even so, sales tax did not apply because the retailer delivered the property to a carrier—the mail—for shipment to consignees outside California under the contract of sale. The transfer therefore qualified as an exempt interstate-commerce sale.

What this means for you

Loyalty-program operators, redemption centers, retailers, and tax professionals

Treat redemption as a sale first, then document the separate interstate-shipment requirements. Preserve the out-of-state recipient address, redemption contract, and retailer-controlled carrier delivery from California.

Common questions

Q: Was exchanging stamps for merchandise a sale?

A: Yes. The opinion treated the redemption center as making a retail sale.

Q: Why was the sale exempt?

A: The California center mailed the merchandise directly to consignees outside the state under the sale contract.

Q: Did the customers have to redeem at a physical out-of-state center?

A: No. The approved facts involved mail-in redemption through the California center followed by direct out-of-state shipment.

Citations and references

  • Former California Sales Tax Ruling 72.5
  • Former California Sales Tax Ruling 55A(1)(c)

Source

Original ruling text

STATE OF CALIFORNIA

555.0080

STATE BOARD OF EQUALIZATION
August 18, 1967
Gentlemen:
Your letter of July 25, 1967 concerning the application of sales tax with respect to redemption of trading stamps for premium merchandise, has been referred to the undersigned for reply. It is our understanding that your client is a trading stamp company, incorporated in California, with stamp redemption centers in California, Nevada, Arizona, Texas, and New Mexico. It intends to close its redemption centers in all states except California. Thus, persons in other states who have accumulated your client's trading stamps will be required to redeem the stamps by mailing them to the redemption center in California. The redemption center will mail the merchandise to the out-ofstate recipients. As indicated in sales tax Ruling 72.5, the delivery of premium merchandise in exchange for a prescribed number of units of indicia (trading stamps) constitutes a retail sale by the person delivering the merchandise. As further indicated in sales tax Ruling 55A(1) (c), sales tax does not apply to sales of property shipped to a point outside this state, pursuant to the contract of sale, by delivery by the retailer to a carrier for shipment to a consignee at such point. Thus, in reply to your inquiry the transfer of premium merchandise by the redemption center in exchange for trading stamps with shipment being made by mail to the out-of-state recipient constitutes an exempt sale in interstate commerce. Very truly yours, George A. Trigueros Tax Counsel GAT :mh [lb]

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