After California's 1965 lease-law changes, were separately stated transportation charges on taxable rentals analyzed differently from charges on ordinary sales?

Short answer No. Except for statutory lease exceptions, taxable leases became continuing sales, so their separately stated transportation charges followed the ordinary sales rules.
State
CA
Ruling
Annotation 557.0320
Tax type
Sales and Use Tax
Issued
1967-05-22
Issued by
California State Board of Equalization
Requested by
Recipient asking about delivery charges on leased property

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 May 22, 1967 letter explained the effect of California lease-law changes effective August 1, 1965. Before the change, the Board had required delivery charges on leased property to remain in the tax measure when the lessor elected rental receipts as the measure. The letter states that leases became continuing sales after the change, subject to exceptions, and refers readers to historical Sales Tax Ruling 58 for transportation treatment. It does not resolve a detailed transaction. CDTFA says statutory law controls if it conflicts with an annotation. Lease taxability, statutory exceptions, separate statement, shipment facts, and current law can change the result.
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 changed its personal-property lease law effective August 1, 1965. Before that change, the Board had required delivery charges to stay in the tax measure when a lessor used taxable rental receipts as the measure.

After the change, leases—with statutory exceptions—were continuing sales within the definition of a sale.

Separately stated transportation charges for taxable rented property therefore followed the same rules as transportation charges in ordinary sales. The letter did not decide a particular delivery charge.

Common questions

Were taxable leases treated as sales?

Yes, as continuing sales, subject to exceptions.

Did lease transportation have a separate general rule?

No. It followed the ordinary sales framework.

Did this letter decide whether a specific charge was taxable?

No.

Citations and references

  • Cal. Rev. & Tax. Code §§ 6006 and 6006.1 — definition of sale and continuing lease sales
  • Historical Sales Tax Ruling 58 — transportation-charge framework referenced by the letter

Source

Original ruling text

557.0320

STATE OF CALIFORNIA

STATE BOARD OF EQUALIZATION

May 22, 1967

Dear Mr. X:
This is in reply to your letter of May 11 enclosing a copy of a letter from “M” explaining that this Board took the position by letter dated August 12, 1962 that delivery charges in connection with the transportation of leased property were required to be included in the measure of sales and use taxes when the lessor elected rental charges as the tax measure. This was true until the changes in the law relating to personal property leases, effective August 1, 1965. From that date on, leases, with certain exceptions, are “continuing sales” as provided in Section 6006.1, and are within the definition of “sale” set forth in Section 6006. Accordingly, the application of the tax with respect to separately stated transportation charges for rented property is the same as in the case of ordinary sales. This is explained in Ruling 58, copy enclosed for your convenient reference. Very truly yours,

E. H. Stetson
Tax Counsel

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