How was California tax measured when a California dealer delivered a car in Michigan and the buyer later brought and used it here?

Short answer Sales tax did not apply to the Michigan delivery, but use tax did on California use; with no transport charge, the actual vehicle price was the measure.
State
CA
Ruling
Annotation 570.0420
Tax type
Sales and Use Tax
Issued
1950-05-25
Issued by
California State Board of Equalization
Requested by
An inquirer asking about a California dealer's automobile sale delivered in Michigan

Apply this to your situation

This page answers the general question as of 1950. Ask about yours and see what current California tax law says, with citations.

Currency note: this ruling is from 1950
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 25, 1950 opinion applies a historical three-percent use-tax rate and Sales and Use Tax Ruling 75. It assumes delivery by a California dealer to the buyer in Detroit, later California use, and no transportation charge to the customer. Current rates, delivery, freight, sales-price, and use-tax rules control.
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 automobile dealer delivered a vehicle to its buyer in Detroit, Michigan. California said that out-of-state delivery was not subject to sales tax, but use tax applied if the buyer later brought and used the car in California.

Section 6011 excluded separately stated transportation charges incurred after purchase from the sales price. Because the dealer made no transportation charge to this customer, the historical use tax was measured by the actual price charged for the car.

Common questions

Did the California dealer owe sales tax on the Michigan delivery?

No under the stated facts.

Could the buyer avoid use tax by bringing the car to California later?

No. The letter applied use tax once the automobile was brought to and used in the state.

Citations and references

  • Cal. Rev. & Tax. Code § 6011 — sales-price and separately stated transportation-charge rule quoted by the source
  • Sales and Use Tax Ruling 75 — historical measure-of-tax guidance cited by the source

Source

Original ruling text

570.0420

STATE OF CALIFORNIA

STATE BOARD OF EQUALIZATION

May 25, 1950

Dear ______,
This is in reply to your letter of May 15, 1950.
The sale of an automobile by a California dealer with delivery of the vehicle to the purchaser at Detroit, Michigan, is not subject to sales tax, but the use tax applies if the automobile is brought to and used in California. Use tax is computed at three per cent of the sales price of the vehicle. Section 6011 of the Sales and Use Tax Law states, in part, that the sales price is the total amount for which the automobile is sold less “transportation charges separately stated, if the transportation occurs after the purchase of the property is made.” Inasmuch as your letter indicates that no transportation charge is made to the customer, the use tax will be based on the actual price charged, as indicated in Sales and Use Tax Ruling 75, copy enclosed. Very truly yours,

E. H. Stetson
Tax Counsel
ARM:mgb

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