California Tax Information For City and County Officials
California Tax Information For City and County Officials
California Tax Information For City and County Officials
Local Sales and Use Tax Transactions (Sales) and Use Tax
Publication 28 | MaRcH 2011
boaRD MEMbERS
PREFacE
We have prepared this publication to explain how the Board of Equalization (BOE) administers laws that govern locally imposed sales or transactions, and use taxes. The information is designed to help city and county officials understand tax programs and how they can use our services. We have also included information on annexation procedures as they relate to sales, transactions, and use tax programs. If you have questions that are not answered in this publication, please visit www.boe.ca.gov or call our Taxpayer Information Section at 800-400-7115. Customer service representatives are available to answer your questions weekdays between 8:00 a.m. and 5:00 p.m. (Pacific time), except state holidays. We welcome your suggestions for improving this or any other publication. Please send your suggestions to: Board of Equalization
Local Revenue Allocation Unit
450 N Street, MIC:27
PO Box 942879
Sacramento, CA 94279-0027
Telephone: 916-324-3000
FAX: 916-324-3001
Note: This publication summarizes the law and applicable regulations in effect as of the date of printing. However, changes in the law or in regulations may occur. If there is a conflict between the text in this publication and the law, the law will always be controlling.
contEntS
Title State, Local, and District Taxes Sales Tax Compared to Use Tax Special Allocation Procedures Schedules Used for Reporting the Combined
One Percent State and Local Tax Allocation Tax Agreements among Local Jurisdictions Administrative Charges and Costs Using Tax Area Codes to Distribute Local Taxes District Transactions (Sales) and Use Taxes Method of Payment Annual Allocation CalendarLocal and District Taxes Using Registration Data to Ensure Correct Allocation Temporary Sellers, Special Events, and Trade Shows Access to BOE Records Sales and Use Tax Registration and Allocation
Information BOE Offices Administering Local Taxes Page 1
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tablES
Table 1 2 3 4 Allocation Guidelines for Allocation of
Local TaxWarehouse Sales Components of the Statewide Sales and
Use Tax Rate Local Tax Allocation Guidelines for Leases Local Tax Allocation for Motor Vehicle Leases,
Effective January 1, 1999 Page 2
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5a Example of the Local Allocation Calendar 5b Example of the Return Period Calendar 6 Allocation and Registration Information
Currently Available in Media Format
The BOE administers local taxes under the Bradley-Burns Uniform Local Sales and Use Tax Law and district taxes under the Transactions and Use Tax Law, which are divisions of the Revenue and Taxation Code.
Recent Developments
Effective October 23, 2009, Revenue and Taxation Code section 6225, Registration for Use Tax, requires that a quali fied purchaser be registered with the BOE and report and pay use tax owed. Under this new legislation, a qualified purchaser means a person that receives at least $100,000 in gross receipts per calendar year, is not required to hold a sellers permit or certificate of registration, is not a holder of a use tax direct payment permit, or is not registered with BOE to report use tax. As of July 1, 2009, the Public Utilities Code, section 130350.5, allows the County of Los Angeles to impose an additional .50 percent (1/2 percent) transactions and use tax for up to 30 years. The Public Utilities Code allows Los Angeles County to impose up to 2.5 percent in additional transactions and use tax while all other counties may impose up to 2 percent. Effective April 1, 2009, the Budget Stabilization Constitutional Amendment added Revenue and Taxation Code sections 6051.7 and 6201.7 increasing the state sales and use tax rate on the sale of, and on the storage, use or other consumption of, tangible personal property, by one percent to a rate of 7.25 percent from April 1, 2009, until July 1, 2011. This increased the statewide base tax rate to 8.25 percent. In August 2008, the BOE established a Statewide Compliance and Outreach Program (SCOP). Under this program, BOE conducts field visits of businesses in selected areas around the state for routine license checks. This program is part of a statewide effort to increase tax compliance and make sure all retailers are treated uniformly. Effective January 1, 2008, section 7269, Limitation on Redistributions of District Taxes, was added to the Revenue and Taxation Code. This section establishes a limiting statute on redistribution of district tax similar to the limit ing statutes of local tax jurisdictions which have been in effect since 1959 under section 7209. Section 7269 limits a redistribution of district tax to two quarterly periods prior to the BOE obtaining knowledge of an improper distribution. Regulation 1807, Petitions for Reallocation of Local Tax and Regulation 1828, Petitions for Distribution or Redistribution of Transactions and Use Tax, were amended to change the review and appeals process of the petitions. Regulation 1828 also clarifies the limitation period for redistributions. A three-year statute of limitations is applicable for redis tributions where the date of knowledge is prior to January 1, 2008. As of January 1, 2008, redistributions can only include amounts from the two calendar quarters prior to the date of knowledge. Regulation 1802, Place of Sale and Use for Purposes of Bradley-Burns Uniform Local Sales and Use Taxes, changed the place of sale for sales of jet fuel. Prior to January 2008, for retailers who had only one place of business in California, or those that negotiated their sales out of state, the local tax on jet fuel sales was allocated according to a com panys physical location where the sale or purchase was made. As of January 1, 2008, the place of sale is now the point of delivery where the fuel is pumped into the aircraft. Regulation 1802(c)(2), Place of Sale and Use for Purposes of Bradley-Burns Uniform Local Sales and Use Taxes, and Regulation 1699(a), Permits, were changed to broaden the conditions where warehouse selling locations are issued permits. 1. Out-of-State Retailer whose California presence is limited to a stock of goods location: Regulation 1802(c)(2) states, If an out-of-state retailer does not have a permanent place of business in this state other than a stock of tangible personal property, the place of sale is the city, county, or city and county from which delivery or shipment is made. Local tax collected by the BOE for such sales will be distributed to that city, county, or city and county.
MARCH 2011 | TAX INFORMATION FOR CITy AND COUNTy OFFICIALS
According to Regulation 1699: A permit is required for each stock of goods location making retail deliveries in California consistent with retail sales orders negotiated out-of-state. Local tax on these orders must be allocated to the stock of goods location from which delivery is made. Permits are assigned Account Characteristic Code 007. 2. Out-of-State Retailer whose California presence is not limited to a stock of goods location. If a retailer has a permanent place of business in this state in addition to its stock of goods location, the place of sale, in cases where the sale is negotiated out-of-state and there is no participation by the retailers perma nent place of business in this state, is the city, county, or city and county from which delivery or shipment is made. Local tax collected by the BOE for such sales will be distributed to the city, county, or city and county from which delivery or shipment is made. A permit is required for each stock of goods location making retail deliveries in California according to retail sales orders negotiated out-of-state. Local tax on these orders must be allocated to the California stock of goods location from which deliv ery is made. Permits are assigned Account Characteristic Code 026. Sales orders negotiated at California locations, delivered from an in-state stock of goods, must con tinue to be allocated to the place where the principal negotiations for the sale take place.
Table 1 Allocation Guidelines for Allocation of Local Tax Warehouse Sales
Sales are Negotiated In California In California Outside California Merchandise Shipped From California Inventory Out-of-State Inventory California Inventory owned by the seller Out-of-State Inventory Out-of-State Inventory Out-of-State Inventory (Drop shipments) Inventory owned by the supplier Any FOB Destination Any Shipping Terms Allocation Procedure On Schedule C Opposite the location where sales were negotiated On Schedule C Opposite the location the goods were shipped from On Schedule B Opposite the county of destination On Schedule B Opposite the county of destination On Schedule B Opposite the county of destination
Please note: For allocation of local tax, the place that the sale is negotiated is considered to be the place that the order is taken, with out regard to the fact that the order must be forwarded elsewhere for acceptance, approval of credit, shipment, or billing. In those instances where orders are not taken at a registered place of business (orders taken by traveling sales people), the place of sale will be considered to be the place of business to which sales people report.
business in this state, it is required to register with the BOE and collect the use tax from the purchaser at the time of making the sale.
The state has deposited the 0.25 percent state tax increase into the Fiscal Recovery Fund to pay for bonds issued for deficit reduction. Cities and counties will be reimbursed for the 0.25 percent reduction to local sales and use tax revenues in January and May of each year using property tax revenues collected and disbursed by their respective counties. The reduction to the local sales and use tax rate will continue until the Director of Finance notifies the BOE that the State of Californias obligations for the bonds have been satisfied. Taxpayers have not changed how they allocate and report the local sales and use tax on their returns and accompa nying schedules. The BOE is handling the necessary adjustments for the 0.25 percent reduction administratively. Of the one percent local portion, cities and counties are able to use 0.75 percent to support general operations. The remaining 0.25 percent is designated by statute for county transportation purposes and may be used only for road maintenance or the operation of transit systems. Counties have been receiving this 0.25 percent for transportation purposes since 1972 when sales tax was first levied on gasoline. The state sales and use tax rate is subject to change upon action by the California Legislature. The rates quoted in this publication are correct as of the date of printing; however, you should consult with one of our local field offices if you have questions regarding rate changes.
Redevelopment Agencies
Redevelopment agencies are dedicated to improving California communities by combating the blight in declin ing neighborhoods and business districts. Beginning January 1, 1986, redevelopment agencies were authorized to impose a sales and use tax at a rate of one percent or less, to be credited against the citys sales and use tax. Effective January 1, 1994, the law authorizing the creation of new redevelopment agencies for sales and use tax purposes was repealed. Some redevelopment agencies that were approved prior to that date remain in effect and continue to receive sales and use tax revenues. New redevelopment agencies are still permitted for property tax purposes.
MARCH 2011 | TAX INFORMATION FOR CITy AND COUNTy OFFICIALS
District Taxes
In addition to the state and local taxes, the BOE administers transactions (sales) and use taxes for voter-approved special taxing districts. In two elections that were held on April 13, 2010, and June 8, 2010, voters approved five new district taxes that became operative October 1, 2010. As of October 1, 2010, there are 119 special taxing districts in the state with tax rates for each district ranging from 0.10 percent to one percent. Of these districts, there are 18 city-county combinations and 10 counties with multiple district taxes in effect. The statewide tax rate where there are no special taxes in effect is 8.25 percent. The com bined state, local, and special district tax rates range from 8.375 percent (Nevada, Solano, and Stanislaus Counties) to a current maximum (in the cities of Pico Rivera and South Gate) of 10.75 percent.
Local use tax reported on line 2 of the sales and use tax return should be reported by the retailer using the tax area code assigned to the registered business location if the use is made at that registered business location; otherwise, it should be reported to the county of use. Local use tax may be directly allocated to the jurisdiction of use in cer tain circumstances (see Special Allocation Procedures).
Leases
Generally, the tax on leases of tangible personal property is use tax. Therefore, local tax on rental receipts should be reported to the local taxing jurisdiction where the property is used. For many lessors, because of the type and char acteristics of property leased and the method of recordkeeping, it may be extremely difficult or even impossible to determine the precise location where the property is actually used. Accordingly, administrative guidelines have been established to determine the reporting of local use tax on leases of equipment other than motor vehicles. Regardless of whether those leases are negotiated in state or out of state, the local use tax is reported by the taxpayer on BOE-531, Schedule BDetailed Allocation by County of 1% Uniform Local Sales and Use Tax, opposite the county of use. For taxpayers who maintain a single permanent place of business and make short-term leases of tangible personal property, the local use tax should be reported to the taxpayers place of business. See Table 2 for more information.
Table 3 Local Tax Allocation Guidelines for Leases
Lease Type and Place Negotiated Mobile Transportation Equipment (MTE): Lease negotiated in state MTE: Lease negotiated out of state General equipment: Lease negotiated in state or out of state Allocation Guidelines Local use tax allocated to lessors place of business on Schedule C. Local use tax allocated on Schedule B opposite county of use. Local use tax allocated on Schedule B opposite county of use.
If the lessor is a California new motor vehicle dealer (defined in section 426 of the Vehicle Code), the place of use for reporting the local use tax is the dealers place of business. If the lessor is a leasing company as defined in Table 3, the place of use for reporting local use tax is the lessors place of business. If the lessor is not a California new motor vehicle dealer or a leasing company and purchases a vehicle from a California new motor vehicle dealer, the place of use for reporting the local use tax is the business location of the dealer from whom the lessor purchases the vehicle. In the case of an out-of-state lessor who purchases a vehicle from an out-of-state source and arranges for a courtesy delivery by a California dealer, the local tax will be reported as follows: 1. If the vehicle is taken from the in-state dealers resale inventory, the local tax should be reported to the
dealers place of business.
2. If the in-state dealer does not hold title to the vehicle but merely serves to prepare the vehicle for delivery and process documentation, the local tax should be reported to the lessees jurisdiction via the countywide pool. Lessors required to report the local use tax to the location of the dealer will do so using BOE-531-F, Schedule FDetailed Allocation by City of 1% Uniform Local Sales and Use Tax, which will be provided with their sales and use tax returns. Table 4
Local Tax Allocation for Motor Vehicle Leases, effective January 1, 1999
(Except One-Way Rental Trucks)
1% Local Tax Allocation to Type of Lessor California new Motor Vehicle Dealer/Lessor California Leasing Company (as defined)** California Lessor (other than a new motor vehicle dealer or leasing company as defined)** Lease of a motor vehicle* pur chased from a California new motor vehicle dealer Lease of a motor vehicle* pur chased from someone other than a California new motor vehicle dealer Lease of MTE*** purchased from a California new motor vehicle dealer (except new pick up trucks rated less than one ton) Out-of-State Lessor Lease of a motor vehicle* pur chased from a California new motor vehicle dealer Lease of a motor vehicle* and MTE*** purchased from someone other than a California vehicle dealer Type of Transaction Lease of motor vehicle* Leases Exceeding Four Months Dealer/Lessors sales location Lessors place of business Dealer/Lessors place of business (ScheduleF) Lessees place of registration (ScheduleB) Lessors place of business Leases of Four Months or Less Dealer/Lessors sales location Lessors place of business
California Dealers place of business (Schedule F) Lessees place of registra tion (ScheduleB)
* Motor Vehicle means any (new or used) self-propelled passenger vehicle (other than a house car) or pick up truck rated less than one ton. ** Leasing Company means a motor vehicle dealer/lessor that originates lease contracts and does not sell or assign the lease con tracts and that has annual motor vehicle lease receipts of $15 million or more annually for each business location. *** MTE (Mobile Transportation Equipment) means equipment used for transporting persons or property for substantial distances such as railroad cars, buses, trucks and truck trailers. For a complete listing of MTE, please see Regulation 1661. 8
TAX INFORMATION FOR CITy AND COUNTy OFFICIALS | MARCH 2011
Lessors who are not California new motor vehicle dealers or who do not purchase motor vehicles from Cali fornia new motor dealers shall continue to use Schedule B to report the local use tax due on long-term leases to the lessees jurisdiction through the countywide pool.
Auctioneers
For purposes of allocating the local tax, the place of sale for auctioneers is the place where the auction is held. If the auction is held at a location other than the auctioneers registered place of business, the following allocation guidelines should be used: Taxable auction sales totaling $500,000 or more per eventlocal tax is reported directly to the jurisdiction where the auction occurs on schedule BOE-530, Schedule CDetailed Allocation by Suboutlet of Uniform Local Sales and Use Taxcombined one percent state and local tax allocation for sales locations. Taxable auction sales totaling less than $500,000 per eventlocal tax is reported to the countywide pool where the auction occurson BOE-531, Schedule BDetailed Allocation by County of 1 Percent Combined State and Uniform Local Sales and Use Tax.
in which the first functional use of the property occurs rather than through the countywide pool. This generally is presumed to be the jurisdiction to which the goods are shipped. This applies to use tax only and not to sales tax transactions. Persons who self-report or retailers who purchase tangible personal property of $500,000 or more per transaction from sellers who are not required to collect the tax must report the local use tax to the jurisdiction where the prop erty is first functionally used. For purchases of vessels or aircraft, the BOE obtains purchase information from the United States Coast Guard, Federal Aviation Administration, or County Assessors. The Consumer Use Tax Section bills the use tax based on the information received. For purchases of $500,000 or more per transaction, the local use tax is allocated to the juris diction where the property is first functionally used.
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ScHEDulES uSED FoR REPoRtinG tHE coMbinED onE PERcEnt StatE anD local tax allocation
Statewide or Countywide Pool Allocations (Schedule B)
Some taxpayers are authorized to report their local tax either on a statewide or countywide pool basis. These taxpayers are issued an additional schedule, BOE-531, Schedule BDetailed Allocation by County of Combined State and Uniform Local Sales and Use Tax, with their sales and use tax return. Schedule B lists each county within the state of California, and sales or use tax should be entered opposite the county of sale or use, as provided by statute or regulations. At the end of each reporting quarter, the countywide pool totals are prorated, first among the cities, the redevelopment areas, and the unincorporated area of each county using the proportion that the identified tax for each city and unincorporated area of a county bears to the total identified for the county as a whole. Next, the combined total of the direct allocation and the prorated countywide pool amount is used to allocate the statewide pool amount to each city, redevelopment area, and county (see Exhibit C).
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Computation of Costs
When the amount of local tax collected for each jurisdiction has been computed, and the amounts for cities engaged in revenue sharing plans with their respective counties have been reduced accordingly, the states admin istrative cost is deducted from each jurisdictions total due. As provided by Revenue and Taxation Code sections 7204.3 and 7273, the BOE charges each city, city and county, redevelopment agency, and special taxing district a fee based on the cost of administering the local entitys tax ordinance. The amount charged is calculated using the legislatively approved costing model and includes direct, indirect, and central agency charges. The current year fee is based upon the estimated cost of the sales tax program and revenue estimates for each local entity. Once actual costs and revenues are known, the difference between the current year billing and actual cost (plus or minus) is included as an adjustment to a subsequent current year assessment. This ensures that each juris diction is charged the actual cost. The current year fee is billed quarterly and deducted from revenue received on behalf of the local entity. For additional information regarding the computation of administrative costs, please contact our Budget Section at 916-445-1184.
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County Code (Sacramento) City Code (Galt) Redevelopment Area Code (Galt Redevelopment Project)
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2. One of our employees discovers factual information sufficient to support the probability that an erroneous allocation of local tax may have occurred, and that allocation is questioned. A DOK is established when the employee questions the allocation. Since we review taxpayer returns when filed, we may identify probable erro neous allocations before the tax amount is distributed. Local governments should maintain written evidence that notice of improper distribution was provided to us. Accordingly, we recommend that inquiries into suspected improper distributions be mailed or faxed to our Alloca tion Unit. Their address and telephone number can be found at the back of this publication. When we verify improper distributions, redistributions may be processed for amounts originally distributed no more than two quarterly periods before the quarterly period in which we establish a DOK. Since local tax is gen erally distributed during the quarter following the period for which tax is reported, redistributions are usually processed for the three quarters immediately preceding the quarter in which the DOK is established. For example, City A notifies us in a letter received on March 15, 2009, that Taxpayer X opened a business in that city in February 2008, but no tax has been allocated to that city from that taxpayer. We investigate City As inquiry, find that the city is correct, and that this taxpayers local tax has been improperly allocated to City B. The investigation is completed on April 2, 2009. Although the verification is not made until the second quarterly period, the date of knowledge (March 15) is in the first quarterly period. Accordingly, we will redistribute (reallocate) the local tax from City B to City A for the second, third, and fourth quarters 2008. Although the business opened prior to 2007, section 7209 prohibits the reallocation of local tax for that period because the tax was distributed more than two quarters earlier. For additional information regarding procedures for submitting petitions for reallocation, please see the section, Submitting Petitions for Reallocation or Redistribution/Date of Knowledge, in this publication. Please note: We understand that this is a complex area of the law and that you may have questions and comments. Please contact our Local Revenue Allocation Unit if you wish to obtain more information.
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3. The local jurisdiction is also scheduled to receive the monthly Statewide Registration CD-ROM for open and closed permits. Occasionally, locals may find a business with the same start date and closeout date on the Registration CD-ROM. If the last position on the registration record contains a T, the permit was issued to a temporary seller. No action is necessary if there is no Tour records will show that the business did not operate. If the local jurisdiction has factual information to support the position that the business did indeed operate, a petition on BOE-549-S, Claimed Incorrect Distribution of Local Tax - Short Form, or BOE-549-L, Claimed Incorrect Distribution of Local Tax - Long Form, describing the basis of the suspected misallocation should be submitted to the Allocation Group in Sacramento. See the section, Submitting Petitions for Reallocation or Redistribution/Date of Knowledge, for more information. AB 990 is not intended to replace the petition procedures already provided for under Regulations 1807 and 1828. For additional information regarding AB 990, please contact your local field office. For a list of the BOE field offices, visit www.boe.ca.gov.
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District Taxes
District taxes are additional transactions (sales) and use taxes imposed within special taxing districts according to the Transactions and Use Tax Law of the Revenue and Taxation Code. They are reported on BOE-531-A2, Schedule AComputation Schedule for District Tax. The words transaction and transactions as used in that law have the same meaning respectively as the words sale and sales in the Sales and Use Tax Law. District taxes are imposed through voter approved ordinances adopted by the districts governing boards. Sections 7285 and 7285.5 of the Revenue and Taxation Code authorize counties to levy transactions and use taxes under specified conditions. In 2004, sections 7285.9 and 7285.91 were added authorizing cities to levy transactions and use taxes under specified conditions. The proceeds from district taxes may be used for transportation or other government services, but the intended use of the tax dollars must be specified in the ordinance submitted to the voters. Currently, district tax rates range from 0.10 percent to one percent. Some cities and counties have more than one district, resulting in a combined district tax rate of up to two percent and in certain cities in Los Angeles County, 2.50 percent.
Administrative Difference between Local Sales and Use Tax and Transactions and Use Tax
There is one major distinguishing difference between local sales and use tax and the transactions and use tax laws.
Place of Sale Under the Bradley-Burns Uniform Local Sales and Use Tax Law, most retail sales are deemed to occur at the retailers place of business in this state where the sale is negotiated. (Exceptions may include certain auctioneers, vending machine operators, and construction contractors). If the retailer has more than one place of business in this state, the sale is deemed to occur at the location where the principal negotiations take place. Generally, the combined one percent state and local sales tax portion of the statewide 8.25 percent sales and use tax is allocated to the jurisdiction where the retailers place of business is located, and the local use tax is generally allocated through the countywide pool where the property is used.
For purposes of distributing the district tax, the tax generally follows the merchandise. That is, the tax is generally distributed to the district where the goods are delivered (and presumably used.) District tax distributions are, there fore, affected by the definition of place of sale, which relies on the following factors that also determine if district tax is applicable. If the conditions in (a) are not met, the retailer should look at (b) to see if he or she must collect and report the use tax. a. Transactions (Sales) TaxThe retailer has a business location in the district, and the sale and delivery occur at that location. b. District Use Tax The retailer is engaged in business in the district.
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The retailer has any kind of representative operating in the district for purposes of making sales or deliveries or for taking orders. The retailer derives rentals from a lease of tangible personal property in the district. The retailer sells or leases vehicles, undocumented vessels, or aircraft that will be registered in the district.
Differences in the Application of Local Sales and Use Tax and the Transactions and Use Tax
Occasionally, representatives of local jurisdictions attempt to draw a correlation between local sales and use tax and the transactions and use tax revenues collected in their city and/or county. Since the factors determining whether a transaction is subject to local sales and use tax differ from those that indicate whether the same transaction is subject to transactions and use tax, it is not always possible to establish a direct correlation between the two. The following examples illustrate the taxability of certain sample transactions. If a seller has a place of business in the city of Sacramento, which is in the Sacramento Transportation Author ity (STAT) district, and makes over-the-counter sales, the seller is liable for STAT district transactions tax, and local sales tax is allocated to the place of business (Sacramento). If an in-state seller is located outside the STAT district (in Vallejo, for example) but has agents in the district who make sales to customers in the district, the seller must report the STAT district use tax. Local sales tax is generally allocated to sellers in-state location (Vallejo). If a seller has no in-state location and no in-state inventory of goods, but sales personnel call on customers in the STAT district, the seller is liable for STAT district use tax. The local use tax is allocated through the countywide pool to local jurisdictions in the county of delivery (Sacramento). If a seller has a place of business in the city of Sacramento, which is in the STAT district, but ships property according to a contract of sale to a purchaser in Placer County, which currently has no district tax, generally district tax does not apply, and local sales tax is allocated to the city of Sacramento. If a seller has a place of business in the city of Sacramento, which is in the STAT district, but ships property via common carrier according to a contract of sale to a purchaser in the city of Anaheim, which is in the Orange County Transportation Authority (OCTA) district, the seller is not considered to be engaged in business in OCTA and is not liable for any district tax. The local sales tax is allocated to the city of Sacramento. The pur chaser must self-report OCTA use tax. For additional information regarding district taxes, see sales tax publication 44, District Taxes, which can be found on the BOE website or by calling our Taxpayer Information Section at 800-400-7115.
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MEtHoD oF PaYMEnt
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02-05-10
02-17-10
03-18-10
03-26-10
Every effort will be made to make each payment on the scheduled date. However, unforeseen circumstances may result in changes.
October 2009 11-30-09 November 2009 12-31-09 December, year 4th Quarter 2009 1-31-10
November 2009 2nd Advance December 2009 3rd Advance January 2010 1st Advance 4th Quarter 2009 October 2009 to December 2009
01-11-10
01-20-10
October 2009 11-30-09 November 2009 12-31-09 December, year 4th Quarter 2009 1-31-10
October 2009
02-05-10
02-17-10
November 2009
03-18-10
03-26-10
December 2009
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Monthly tax returns must be filed (postmarked) on or before the last day of the month following the month for which the tax is due. For example, tax returns for the month of May must be filed on or before June 30. Quarterly tax returns must be filed (postmarked) on or before the last day of the month immediately following the quarterly period. For example, tax returns for the first quarter (January through March) must be filed on or before April 30. Yearly tax returns must be filed (postmarked) on or before the last day of the month following the end of the year for which the tax is due. For taxpayers whose reporting year ends December 31, the return must be filed on or before January 31 of the following year. Taxpayers reporting on a fiscal year basis (fiscal year ending June 30) should file their returns on or before July 31. Please note: Return filing due dates that fall on weekends or state holidays will automatically be extended to the next business day. The majority of the largest tax-reporting businesses are located out of state; consequently, tax returns from these taxpayers, even though postmarked by the filing date, often do not reach our Sacramento Head quarters until five to seven calendar days from mailing. Taxpayers whose estimated taxable measure averages $17,000 or more per month are generally required by law to make monthly prepayments. For local tax purposes, however, prepayments cannot be allocated until the quarterly return is filed, since the return contains the specific allocation information.
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Temporary sellers permits are generally issued to selling operations of a temporary nature, that is, lasting no more than 90 days at one location. Examples of such operations include rummage sales, Christmas tree lots, and fireworks stands. While these sellers are not required to hold a permanent sellers permit, they are required to hold a tem porary permit so as to collect and pay the appropriate sales and use tax. Local jurisdictions should monitor these activities closely to ensure proper reporting of state and local taxes. Sellers who are registered with permanent places of business occasionally occupy temporary locations in other jurisdictions. For example, a new car dealership registered in one city may participate in a multi-dealer sales event, like a parking-lot sale at an offsite location in another city. The local sales tax generated at the temporary location should be allocated to the jurisdiction where the event occurs. The temporary location should be added to the taxpayers Schedule C. This form can be obtained from the BOE website or by contacting the Taxpayer Information Section at 800-400-7115. Other special events include swap meets, fairs, flea markets, and similar activities where sales of tangible personal property occur. Operators of special events are required to verify that each seller-participant is the holder of a valid sellers permit or to obtain a written statement from the seller stating that he or she is not selling any item that is taxable. Local jurisdictions should verify that the local tax derived at these events is properly reported. Out-of-state retailers who participate in conventions and trade shows are not required to collect use tax on sales made subsequent to the event if the following conditions are met: In-state convention and trade show participation does not exceed 15 days in a 12-month period, and The seller does not derive more than $100,000 of net income from event activities during the prior calendar year. However, all sales occurring at such an event are subject to the use tax when there is a sale of tangible personal property and the goods are shipped to the customer from an out-of-state inventory.
Confidentiality of Records
Local officials who are allowed access to confidential records should note that the use of such information is limited to the governmental purposes set forth in the resolution and is not subject to release in public meetings or other such forums. Confidential records may not be shared with other local officials who have not been authorized by resolution.
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Registration
A Start-Up Deck lists all active businesses (including sublocations and recent closeouts) in the jurisdiction. Deliv ery is in two to three weeks from the date the request is received. Start-Up Decks are available at no charge to the requesting jurisdiction once per 12-month period. For information regarding fees for additional Start-Up Decks, please contact the Local Revenue Allocation Unit. Monthly updates consist of the registration changes for a jurisdiction processed during the preceding month. Each jurisdiction is expected to maintain its own registration database to monitor its local tax allocation. Delivery begins the month after the request is received. Redevelopment project (In-Lieu) permits are included in the appropriate citys monthly updates and are listed separately at the end of the file by redevelopment project area code. Monthly updates are not available for special tax districts.
Allocation
Allocation History, which lists local tax revenue distributions by month, is available for a maximum of 36 months. Delivery is typically two to four weeks after a request is received. Monthly Allocation consists of local tax distributions by jurisdiction during each month. Delivery typically begins four to six weeks after a request is received. Table 5 describes, by medium, the types of information available to local jurisdictions.
How to Order
Registration and Allocation Media can be ordered by completing the Registration/Allocation Media Request form, Exhibit F, and returning it to our Local Revenue Allocation Unit. In order to receive allocation or registration media, the local jurisdiction must have a resolution on file with us authorizing an official, employee, or other designated person to examine the appropriate sales or transactions and use tax records. Exhibits JP may be helpful in interpreting the information found on registration and allocation media.
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Allocation Group
The Allocation Group reviews and processes local tax recommendations made by field audit staff. This may include reallocation of local taxes between jurisdictions within the time permitted by the statute of limitations. In addition, the Allocation Group is responsible for processing petitions from local jurisdictions or their representatives regard ing questionable or disputed local tax allocations. Our Allocation Group may be contacted by writing: Board of Equalization Audit Determination and Refund Section (Allocation Group) 450 N Street, MIC:39 PO Box 942879 Sacramento, CA 94279-0039 They may also be contacted by phone at 916-322-3372 or by fax at 916-445-2249, or by email at adrs@boe.ca.gov.
28
Review Process
Review by Allocation Group: The Allocation Group will acknowledge and review the petition and issue a written decision to grant or deny it, including the basis for that decision. The written decision will also note the DOK and the basis for that date.
29
If a decision is not issued within six months of the date a valid petition is received, the petitioner may request a decision without regard to the status of its investigation. Within 90 days of receiving such request, the Allocation Group will issue its decision based on the information in its possession. If the decision is that an error did occur, a copy of the decision will also be mailed to any substantially affected jurisdiction1, who may appeal the decision by submitting a written objection within 30 days of the mailing of the decision. The Allocation Group will consider the objection and issue a written supplemental decision to grant or deny the objection. The petitioner or any notified jurisdiction may appeal the supplemental decision within 30 days from the date of mailing. The appeal must state the basis for the objection and include all additional information in its possession that supports its decision. If no timely objection is submitted the supplemental decision of the Allocation Group is final as to the petitioner and all notified jurisdictions. The petitioner or any notified jurisdiction may request a 30-day extension to submit a written objection to the deci sion or supplemental decision of the Allocation Group. Such request must provide a reasonable explanation for the inability to submit the objection within 30 days, must be copied to all other jurisdictions to whom the Allocation Group mailed a copy of its decision or supplemental decision, and must be received by the Allocation Group within 30 days of the date of mailing of its decision or supplemental decision. Within five days of receiving the request, the Allocation Group will notify the petitioner and all notified jurisdictions whether the request for extension is granted or denied. If the request for extension is denied, the time for petitioner and any notified jurisdiction to file a written objection to the decision or supplemental decision of the Alloca tion Group is extended to 10 days after the mailing of the notice denying the petition. If granted, the time for the petitioner and notified jurisdictions to submit a written objection to the decision or supplemental decision of the Allocation Group is extended to the 60th day after the date of mailing of the decision or supplemental decision. Review by Appeals Division: If a timely objection to its supplemental decision is submitted, the Allocation Group will forward the file to the Appeals Division. A conference will be scheduled between the petitioner, all notified jurisdictions, and the Sales and Use Tax Department. The appeals conference is not an adversarial proceeding, but rather an informal discussion where the petitioner, any notified jurisdictions who wish to participate, and the Sales and Use Tax Department will have the opportu nity to explain their positions regarding the relevant facts and law to the Appeals Division conference holder. Each participant is asked to submit all facts, law, argument, and other information in support of its position to all the participants at least 15 days before the date of the conference; but, relevant facts and arguments will be accepted any time at or before the conference. Generally, within 90 days following the conference, the Appeals Division will prepare a written Decision and Rec ommendation (D&R) detailing the applicable facts and law(s), and the conclusions reached. The petitioner or any notified jurisdiction may appeal the D&R by submitting a written request for Board hearing within 60 days of the date of mailing of the D&R.
1
A substantially affected jurisdiction is a jurisdiction for which the decision on a petition would result in a decrease to its total alloca tion of five percent or more of its average quarterly allocation of $50,000 or more, and for local tax petitions, includes a jurisdiction whose allocation will be decreased solely as the result of a reallocation from the statewide and applicable countywide pools.
30
The petitioner, any notified jurisdiction, or the Sales and Use Tax Department may also appeal the D&R, or any Sup plemental D&R (SD&R), by submitting a written request for reconsideration (RFR) within 60 days of the mailing, or if a Board hearing has been requested, prior to that hearing. If the RFR is submitted before the time for requesting a Board hearing has expired, the Appeals Division will issue a SD&R to consider the request. If a RFR is submitted after a hearing has been requested, the Appeals Division will determine whether it should issue a SD&R. If an SD&R is issued, it will be sent to the petitioner, any substantially affected jurisdiction, and the Sales and Use Tax Department. The petitioner or any notified jurisdiction may appeal the SD&R by submitting a written request for Board hearing within 60 days of the date of the mailing of the SD&R. If no RFR or request for Board hearing is filed within 60 days of filing of the D&R or SD&R, the D&R or SD&R become final. Review by Board: If the D&R or SD&R denies the petition, the petitioner or any notified jurisdiction has 60 days from the date of the mailing to request a Board hearing. The request must state the basis for the disagreement and include all additional information in its possession that supports its position. Briefs may be submitted for the Board hearing in accordance with California Code of Regulations, sections 5270 and 5271. The taxpayer(s) whose allocations or distributions are the subject of the petition and all notified jurisdictions will be notified (as interested party to the proceedings) of the scheduled hearing. The Boards final decision on a petition for reallocation exhausts all parties administrative remedies on the matter.
31
Mitigation
If the reallocation of local or district tax is ten percent or more of a jurisdictions average quarterly tax distribution, the losing jurisdiction may request mitigation of the proposed reallocation. Mitigation (the reallocation of local or district tax on an installment basis) is subject to the acceptance of the receiving jurisdiction(s). Generally, the miti gation plan should not exceed eight calendar quarters, and the installment amounts should be approximately five percent of the losing jurisdictions average quarterly tax distribution.
32
33
annExation PRocEDuRES
Boundary Changes
In each county, the Local Agency Formation Commission (LAFCO) has the responsibility to file a statement when ever there is a change in boundaries of a city or special district. The statement shall be on a form prescribed by the BOE and should include: 1. A certified copy of the ordinance or resolution ordering the change in boundary, and 2. A legal description and a map or plat, both describing the boundary changes. The last day for cities or special tax districts to file specified statements informing us and the various assessors offi cers of boundary changes is December 1. Local jurisdictions are required by statute to reimburse us for the cost of maintaining current boundaries on the taxrate area maps. For complete instructions and fee schedules related to boundary changes, please see our website. Click on the Taxes & Fees tab on our homepage and then on the Property Tax link that appears. The Property Taxes page will appear. Scroll down and click on Special Revenue District Boundaries link. Questions concerning these requirements should be directed to the Tax Area Services Section at 916-322-7189 or by fax at 916-327-4251.
34
35
ExHibitS
Exhibits
A B C D E F G H I J K L N O P Q R S Sales Tax Jobsite SubPermits for Construction Contractors BOE-400-DP, Application for Use Tax Direct Payment
Permit Example of Statewide and Countywide Pool
Distributions Quarterly Advance Worksheet Registration/Allocation Media Request Form Sellers Permit Sample Resolution (Counties) Sample Resolution (Cities) Sample Resolution (Districts) Registration Record Layout (CD-ROM) Allocation Detail Record Layout (CD-ROM) Registration Transaction Codes Reporting Period Codes Sales and Use Tax Program Codes Board of Equalization Business Codes Comparison (BS)
with North American Industry Classification System (NAICS) BOE-549-L, Claimed Incorrect Distribution of
Local TaxLong Form BOE-549-S, Claimed Incorrect Distribution of
Local TaxShort Form BOE-555-LJ, EFT Authorization Agreement for Local
Jurisdictions
Page
37
38
40
41
42
43
44
46
48
50
51
52
53
55
56
57
66
68
69
36
Exhibit A
37
Exhibit B
BOARD OF EQUALIZATION
STATE OF CALIFORNIA
Please type or print clearly. Read instructions on reverse before completing this form.
If applicant is applying for either a sales/use tax permit or a consumer use tax account in addition to a use tax direct payment permit check here
NAME UNDER WHICH BUSINESS IS TO BE TRANSACTED IF DIFFERENT THAN ABOVE
LIST BELOW THE BUSINESS AND MAILING ADDRESSES OF ALL LOCATIONS WHERE PROPERTY PURCHASED UNDER A USE TAX DIRECT PAYMENT CERTIFICATE WILL BE USED. IF ADDITIONAL SPACE IS NEEDED, ATTACH A SEPARATE SHEET.
1. BUSINESS ADDRESS 4. BUSINESS ADDRESS
MAILING ADDRESS
2. BUSINESS ADDRESS
MAILING ADDRESS
3. BUSINESS ADDRESS
MAILING ADDRESS
I hereby certify that I qualify for a Use Tax Direct Payment Permit for the following reason: (Please check one of the following) I have purchased or leased for my own use tangible personal property subject to use tax at a cost of five hundred thousand dollars ($500,000) or more in the aggregate, during the calendar year immediately preceding this application for the permit. I have attached a Statement of Cash Flows or other comparable financial statements acceptable to the Board for the calendar year immediately preceding the date of application and a separate statement attesting that the qualifying purchases were purchases that were subject to use tax. I am a county, city, city and county, or redevelopment agency. I also agree to self-assess and pay directly to the Board of Equalization any use tax liability incurred pursuant to my use of a Use Tax Direct Payment Permit. The above statements are hereby certified to be correct to the knowledge and belief of the undersigned, who is duly authorized to sign this application.
SIGNATURE TITLE
M A S
DATE
MAILING ADDRESS
5. BUSINESS ADDRESS
MAILING ADDRESS
6. BUSINESS ADDRESS
MAILING ADDRESS
E L P
38
Exhibit B (continued)
(1) The applicant must agree to self-assess and pay directly to the Board any use tax which is due on property for which a use tax direct payment exemption certificate was given; and (2) The applicant must certify to the Board either of the following:
(A) The applicant has purchased or leased for its own use tangible personal property subject to use tax which cost five hundred thousand dollars ($500,000) or more in the aggregate, during the calendar year immediately preceding the application for the permit; or (B) The applicant is a county, city, city and county, or redevelopment agency.
Persons wishing to obtain a use tax direct payment permit must be pre-qualified and either hold a California sellers permit or a consumer use tax account. Persons other than governmental entities who currently hold either a California sellers permit or a consumer use tax account must complete the application for a Use Tax Direct Payment Permit, sign the certification statement attesting that they qualify for a permit under conditions of Part (2)(A) above, and submit a Statement of Cash Flows or other comparable financial statements acceptable to the board for the calendar year immediately preceding the date of application which discloses total purchases of property and equipment for own use and a separate statement under company letterhead certifying that five hundred thousand dollars ($500,000) or more of such purchases were subject to use tax. Persons other than governmental entities who are not required to hold a sellers permit and who do not currently hold a consumer use tax account must obtain a consumer use tax account and then complete the application for a Use Tax Direct Payment Permit, sign the certification statement attesting that they qualify for a permit under the conditions of Part (2)(A) above and submit a Statement of Cash Flows or other comparable financial statements acceptable to the board for the calendar year immediately preceding the date of application which discloses total purchases of property and equipment for own use and a separate statement under company letterhead certifying that five hundred thousand dollars ($500,000) or more of such purchases were subject to use tax. Governmental entities who currently hold either a California sellers permit or a consumer use tax account must complete the application for a Use Tax Direct Payment Permit, sign the certification statement attesting that they qualify for a permit under the conditions of Part (2)(B) above, and submit an additional statement to that effect under official letterhead and signed by an authorized governmental representative. Governmental entities who do not hold a California sellers permit or a consumer use tax account must obtain a consumer use tax account and then complete the application for a Use Tax Direct Payment Permit, sign the certification statement attesting that they qualify for a permit under the conditions of Part (2)(B) above, and submit an additional statement to that effect under official letterhead and signed by an authorized governmental representative. The completed Application for Use Tax Direct Payment Permit, certification statement, and qualifying documentation should be returned to the address shown below. Upon determination that the applicant qualifies, a Use Tax Direct Payment Permit and a Use Tax Direct Payment Exemption Certificate will be mailed to the applicant. If you would like additional information regarding the Use Tax Direct Payment Permit or need assistance in completing this application, you can call 916-445-5167, or write to the Board of Equalization, Compliance Policy Unit, P.O. Box 942879, Sacramento, CA 94279-0040.
M A S
E L P
39
Exhibit C
M A S
E L P
See www.boe.ca.gov for current listing.
40
Exhibit D
/
JURIS NUMBER:
M A S
E L P
41
Exhibit E
BOE Use Only REGISTRATION/ALLOCATION MEDIA REQUEST Please complete Sections I, II, & III, and forward this form to the address at the bottom of this page. Juris. ID # Resolution verified yes Update By No
IMPORTANT: Each jurisdiction must have a resolution on file with the Board of Equalization to examine allocation and/or registration data. A sample resolution is available by calling the BOEs Local Revenue Allocation Unit at 916-324-1218.
SECTION I: DATA MAILING ADDRESS (If the name/position below is not authorized by resolution or letter of designation, this form must be signed by a position authorized by resolution to designate other officials or employees). County City District (add-on) your name: Title: Address: City, State, Zip: Jurisdiction: Tax Area Code: Telephone: FAX: Email:
SECTION II: REGISTRATION DATA REQUEST (List of name, address, and BOE account number for each business).
A. Please indicate your choice of media for monthly Registration Updates (changes to sales/use tax accounts in your jurisdiction). CD-ROM None requested
B. If you require a one-time registration listing (Start-up) showing all sales and use tax accounts in your jurisdiction, indicate yes or no: yes No Note: The monthly Registration Updates are only available for cities and counties, not districts. The Start-up is available for all.
SECTION III: ALLOCATION DATA REQUEST (List of local tax dollars distributed to your jurisdiction by BOE account number). A. Please indicate your choice of media for monthly Allocation data: (MMyy) From: To: CD-ROM None requested
B. If you require prior period local tax data*, indicate the periods and your choice of media below: CD-ROM *Available history is limited to previous 36 months. C. If you require a Countywide Pool Quarterly Allocation File: D. If you require a Statewide Pool Quarterly Allocation File: CD-ROM CD-ROM None requested None requested
LE P M SA
(Signature) (Title) RETURN THIS FORM TO:
STATE BOARD OF EQUALIZATION
LOCAL REVENUE ALLOCATION UNIT
450 N STREET, MIC:27
PO BOX 942879
SACRAMENTO CA 94279-002
FAX to 916-324-3001
For assistance in completing this form, contact the Media Desk at 916-324-1218
or send an email to ewgroup@boe.ca.gov.
Signed by individual (or designee) authorized by resolution to receive confidential Board of Equalization information:
(Print Name)
(Date)
42
Exhibit F
DISPLAY CONSPICUOUSLY AT PLACE OF BUSINESS FOR WHICH ISSUED
SELLER'S PERMIT
ACCOUNT NUMBER
NOTICE TO PERMITTEE: You are required to obey all Federal and State laws that regulate or control your business. This permit does not allow you to do otherwise.
IS HEREBY AUTHORIZED PURSUANT TO SALES AND USE TAX LAW TO ENGAGE IN THE BUSINESS OF SELLING TANGIBLE PERSONAL PROPERTY AT THE ABOVE LOCATION. THIS PERMIT IS VALID ONLY AT THE ABOVE ADDRESS.
THIS PERMIT IS VALID UNTIL REVOKED OR CANCELED AND IS NOT TRANSFERABLE. IF YOU SELL YOUR BUSINESS OR DROP OUT OF A PARTNERSHIP, NOTIFY US OR YOU COULD BE RESPONSIBLE FOR SALES AND USE TAXES OWED BY THE NEW OPERATOR OF THE BUSINESS.
For general tax questions, please call our Information Center at 800-400-7115.
For information on your rights, contact the Taxpayers' Rights Advocate Office at 888-324-2798 or 916-324-2798.
As a seller, you have rights and responsibilities under the Sales and Use Tax Law. In order to assist you in your endeavor and to better understand the law, we offer the following sources of help: Visiting our website at www.boe.ca.gov Visiting a district office Attending a Basic Sales and Use Tax Law class offered at one of our district offices Sending your questions in writing to any one of our offices Calling our toll-free Information Center at 800-400-7115 As a seller, you have the right to issue resale certificates for merchandise that you intend to resell. Conversely, you have the responsibility of not misusing resale certificates. While the sales tax is imposed upon the retailer, You have the right to seek reimbursement of the tax from your customer You are responsible for filing and paying your sales and use tax returns timely You have the right to be treated in a fair and equitable manner by the employees of the Board You are responsible for following the regulations set forth by the Board As a seller, you are expected to maintain the normal books and records of a prudent businessperson. You are required to maintain these books and records for no less than four years, and make them available for inspection by a Board representative when requested. You are also expected to notify us if you are buying, selling, adding a location, or discontinuing your business, adding or dropping a partner, officer, or member, or when you are moving any or all of your business locations. If it becomes necessary to surrender this permit, you should only do so by mailing it to a Board office, or giving it to a Board representative. If you would like to know more about your rights as a taxpayer, or if you are unable to resolve an issue with the Board, please contact the Taxpayers' Rights Advocate Office for help by calling toll-free, 888-324-2798 or 916-324-2798. Their fax number is 916-323-3319. Please post this permit at the address for which it was issued and at a location visible to your customers.
M A S
E L P
43
Exhibit G
RESOLUTION NO. A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF AUTHORIZING EXAMINATION OF SALES AND USE TAX RECORDS WHEREAS, pursuant to Ordinance , the County of entered into a contract with the State Board of Equalization to perform all functions incident to the administration and collection of local sales and use taxes; and WHEREAS, the Board of Supervisors of the County of deems it desirable and necessary for authorized representatives of the County to examine confidential sales and use tax records of the State Board of Equalization pertaining to sales and use taxes collected by the Board for the County pursuant to that contract; and WHEREAS, section 7056 of the California Revenue and Taxation Code sets forth certain requirements and conditions for the disclosure of Board of Equalization records, and establishes criminal penalties for the unlawful disclosure of information contained in, or derived from, the sales and use tax records of the Board: NOW, THEREFORE, THE BOARD OF SUPERVISORS OF THE COUNTY OF HEREBY RESOLVES AS FOLLOWS: Section 1. That the
(all authorized position titles)
of Equalization (hereafter referred to as Board), is hereby appointed to represent the County of with authority to examine sales and use tax records of the Board pertaining to sales and use taxes collected for the County by the Board pursuant to the contract between the County and the Board. The information obtained by examination of Board records shall be used only for purposes related to the collection of County sales and use taxes by the Board pursuant to that contract. *Section 2. That the
(all authorized position titles)
M A S
E L P
appointed to represent the County with authority to examine those sales and use tax records of the Board, for purposes related to the following governmental functions of the County: a) b) c) The information obtained by examination of Board records shall be used only for those governmental functions of the County listed above.
(specific governmental functions)
44
Exhibit G (continued)
*Section 3. That
use tax records of the Board pertaining to sales and use taxes collected for the County by the Board. The person or entity designated by this section meets all of the following conditions: a) has an existing contract with the County to examine those sales and use tax records; b) is required by that contract to disclose information contained in, or derived from, those sales and use tax records only to the officer or employee authorized under Section 1 (*or section 2) of this resolution to examine the information. c) is prohibited by that contract from performing consulting services for a retailer during the term of that contract; and d) is prohibited by that contract from retaining the information contained in, or derived from those sales and use tax records after that contract has expired. The information obtained by examination of Board records shall be used only for purposes related to the collection of County sales and use taxes by the Board pursuant to the contract between the County and the Board (*and for purposes relating to the governmental functions of the County listed in Section 2 of this resolution). *Section 4. That this resolution supersedes all prior resolutions of the Board of Supervisors of the County of adopted pursuant to subdivision (b) of Revenue and Taxation Code section 7056. * Include in resolution only if applicable. Introduced, approved and adopted this ATTEST: (S)
I, , County Clerk of the County of , California, DO HEREBY CERTIFY that the foregoing resolution was duly introduced, approved and adopted by the Board of Supervisors of the County of , at a regular meeting of said Council held on the day of , 20 by the following roll-call vote: AYES: (Names of Supervisors)
NOES: (Names of Supervisors)
ABSENT: (Names of Supervisors)
(s) County Clerk
M A S
day of County Clerk
E L P
20 .
45
Exhibit H
RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUTHORIZING EXAMINATION OF SALES AND USE TAX RECORDS WHEREAS, pursuant to Ordinance No. , the City of entered into a contract with the State Board of Equalization to perform all functions incident to the administration and collection of local sales and use taxes; and WHEREAS, the City Council of the City of deems it desirable and necessary for authorized representatives of the City to examine confidential sales and use tax records of the State Board of Equalization pertaining to sales and use taxes collected by the Board for the City pursuant to that contract; and WHEREAS, section 7056 of the California Revenue and Taxation Code sets forth certain requirements and conditions for the disclosure of Board records, and establishes criminal penalties for the unlawful disclosure of information contained in, or derived from, the sales and use tax records of the Board; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HEREBY RESOLVES AS FOLLOWS: Section 1. That the in writing by the
to as Board), is hereby appointed to represent the City with authority to examine sales and use tax records of the Board pertaining to sales and use taxes collected for the City by the Board pursuant to the contract between the City and the Board. The information obtained by examination of Board records shall be used only for purposes related to the collection of City sales and use taxes by the Board pursuant to that contract. *Section 2. That the in writing by the
(all authorized position titles)
M A S
(all authorized position titles) (position title allowed to designate) (position title allowed to designate) (specific governmental functions)
E L P
with authority to examine those sales and use tax records of the Board, for purposes related to the following governmental functions of the City: (a) (b) (c) The information obtained by examination of Board records shall be used only for those governmental functions of the City listed above.
46
Exhibit H (continued)
*Section 3. That
use tax records of the Board pertaining to sales and use taxes collected for the City by the Board. The person or entity designated by this section meets all of the following conditions: a) has an existing contract with the City to examine those sales and use tax records; b) is required by that contract to disclose information contained in, or derived from, those sales and use tax records only to the officer or employee authorized under Section 1 (*or section 2) of this resolution to examine the information. c) is prohibited by that contract from performing consulting services for a retailer during the term of that contract; and d) is prohibited by that contract from retaining the information contained in, or derived from those sales and use tax records, after that contract has expired. The information obtained by examination of Board records shall be used only for purposes related to the collection of City sales and use taxes by the Board pursuant to the contract between the City and the Board (* and for purposes relating to the governmental functions of the City listed in Section 2 of this resolution). *Section 4. That this resolution supersedes all prior resolutions of the City Council of the City of adopted pursuant to subdivision (b) of Revenue and Taxation Code section 7056. * Include in resolution only if applicable. Introduced, approved and adopted this ATTEST: (s)
I, , City Clerk of the City of , California, DO HEREBY CERTIFY that the foregoing resolution was duly introduced, approved and adopted by the City Council of the City of , at a regular meeting of said Council held on the day of , 20 , by the following roll call vote: Ayes: (Names of Councilmembers)
M A S
City Clerk (s)
day of (s)
E L P
Mayor City Clerk
20
47
Exhibit I
RESOLUTION NO. A Resolution Authorizing the Examination of Transactions (Sales) and Use Tax Records WHEREAS, pursuant to Ordinance No. of
(district)
hereinafter
called District and section 7270 of the Revenue and Taxation Code, the District entered into a contract with the State Board of Equalization to perform all functions incident to the administration and operation of the Transactions and Use Tax Ordinance; and WHEREAS, the District deems it desirable and necessary for authorized representatives of the District to examine confidential transactions and use tax records of the State Board of Equalization pertaining to transactions and use taxes collected by the Board for the District pursuant to that contract; and WHEREAS, section 7056 of the Revenue and Taxation Code sets forth certain requirements and conditions for the disclosure of Board of Equalization records and establishes criminal penalties for the unlawful disclosure of information contained in or derived from, the transactions and use tax records of the Board; NOW, THEREFORE IT IS RESOLVED AND ORDERED AS FOLLOWS: Section 1. That the designated in writing by the
(hereafter referred to as Board) is hereby appointed to represent the District with authority to examine transactions and use tax records of the Board pertaining to transactions and use taxes collected for the District by the Board pursuant to the contract between the District and the Board. The information obtained by examination of Board records shall be used only for purposes related to the collection of the Districts transactions and use taxes by the Board pursuant to the contract. *Section 2. That the
(position(s) authorized to designate)
appointed to represent the District with authority to examine those transactions and use tax records of the Board for purposes related to the following governmental functions of the District: a) b) c) The information obtained by examination of Board records shall be used only for those governmental functions of the District listed above.
(specific governmental functions)
M A S
(all authorized positions) (all authorized positions)
E L P
48
Exhibit I (continued)
*Section 3. That
examine the transactions and use tax records of the Board of Equalization pertaining to transactions and use taxes collected for the District by the Board. The person or entity designated by this section meets all of the following conditions: a) has an existing contract with the District to examine those transactions and use tax records; b) is required by that contract to disclose information contained in, or derived from those transactions and use tax records only to the officer or employee authorized under Section 1 (or Section 2) of this resolution to examine the information; c) is prohibited by that contract from performing consulting services for a retailer during the term of that contract; d) is prohibited by that contract from retaining the information contained in, or derived from those transactions and use tax records after that contract has expired. BE IT FURTHER RESOLVED that the information obtained by examination of Board records shall be used only for purposes related to the collection of Districts transactions and use taxes by the Board pursuant to the contracts between the District and Board. *Section 4. That this resolution supersedes all prior transactions and use tax resolutions of the tion section 7056.
(district)
(firm or consultant)
is hereby designated to
M A S
(name & title) (signature)
E L P
(attest) (date)
day of
, 20
49
Exhibit J
Record Layout
Registration Detail Record Description Record Length: 380 Characters Field Name Tax Area Code County Code City Code Add-On Code In-Lieu Code TAT Code TAT Indicator District Branch Code Account Number Sub Account Number District of Location Firm Name Owner Name Mailing Address Filler Mail Street Mail City Mail State Mail Zip Code Business Address Filler Street Location Location City Location State Location Zip Code Ownership Code Position 1-2 3-5 6-8 9-12 13-15 16-16 17-19 20-28 29-33 34-36 37-86 87-136 137-149 150-189 190-219 220-221 222-230 231-243 240-283 284-313 314-315 316-324 325-325 Length 2 3 3 4 3 1 3 9 5 3 50 50 13 40 30 2 9 13 40 30 2 9 1 Type A A A A A A A A A A A A A A A A A A A A A A A Reserved (Future Use for Parsed Address) 00001 to 99999 if there is more than one location of business (otherwise blank) District Office or Branch Office of sub account if different from master. Value 01-58 Value 001-999 Value 001-999 Value 0001-9999 Taxable Activity Type Taxable Activity Type Code District Office (2) and Branch Code (1) Description/Special Values
B Unincorporated Business Org., C Corporation, D Limited Lia bility Co., E Estate, F Federal Govt, G Other Govt, K Limited Liability Partnership, L Limited Partnership, M Husband & Wife Co-Ownership, O Org or Assoc., P Partnership/Co-Ownership, R Receivership/Fiduciary, S Sole Proprietor, T Trust, V Joint Venture. Q = Quarterly, M = Monthly, Y = yearly, QP = Prepay Quarterly, F = Fiscal yearly CCyyMMDD Format BOE Industry Code Reserved (Future Use for Proposed Federal Codes) CCyyMMDD Format (Not on Start-up File) CCyyMMDD Format (Not on Start-up File unless account is closed) AA Account Add, AC Address Change, AM Acct. Maintenance, AR Account Reinstated, CO Close Out, CM Close Out Maint., LC Business (Location) Addr. Change, OL Old Business Addr., MC Mail Addr. Change, TC Tax Area Change, OT Old Tax Area (Not on Start-up File). P = Part-Time Account; T = Temporary Account BOE Internal Use
Basis Start Date Business Code NAICS Process Date Effective Date Transaction Type
2 8 4 8 8 8 2
A A A A A A A
366-366 367-380
1 14
A A
50
Exhibit K
Record Layout
Allocation Detail Record Descriptions Record Length: 175 Characters Field Name
Filler Transaction Type
Position
1 2-3
Length
1 2
Type
A A
Description/Special Values
BOE Internal Use (used to determine record type) AC = Audit Credit/Refund AD - Audit Dishonored Check AL - Audit; Bad Debt Lender/Retailer Lender AO = Audit Offsets AU = Audit DC = Return Dishonored Check FL = Fund Transfer Bad Debt FO = Fund Transfer Offset FS = Fund Transfer (Adjustment) FT = Fund Transfer MV - Tax collected by CMV (Formerly GT) NR - No Remittance PM = Prior Money (Prior periods) RA = Reverse Allocation RL = Return; Bad Debt Lender/Retailer Lender RO = Offsets RP = Regular Return (Current Period) UI = Cigarette/Tobacco use Tax on cigarette purchase on the Internet ZR = Zero Return CCyyMMDD Format CCyyMMDD Format Values 01-58 Values 001-999 Values 001-999 Values 0001-9999 BOE Industry Code CCyyMM Format CCyyMM Format CCyyMM Format BOE Internal Use (tax program used to group taxable activity types) Taxable Activity Type Indicator Code Taxable Activity Type Office District Office Branch CCyyMMDD Format Q = Quarterly, M = Monthly, Y = yearly, QP = Prepay Quarterly, F = Fiscal yearly See separate listing for codes North American Industry Code Standards Includes Decimal Includes Decimal Includes Decimal Includes Decimal Used for single outlets only. Whole dollars. BOE Internal Use
Allocation Period Beginning Date Allocation Period Ending Date Tax Area Code County Code City Code Add-On Code In-Lieu Code Account Number Business Code Return Begin Date Audit Begin Date Audit/Return End Date Filler TAT Indicator TAT Code District Code Branch Code Date Received Basis Fund Transfer Reason Code NAICS County Amount City Amount Add-On Amount In-Lieu Amount Gross Sales Filler
4-11 12-19 20-21 22-24 25-27 28-31 32-40 41-44 45-50 51-56 57-62 63-64 65-65 66-68 69-70 71-71 72-79 80-81 82-84 85-92 93-107 108-122 123-137 138-152 153-165 166-175
8 8 2 3 3 4 9 4 6 6 6 2 1 3 2 1 8 2 3 8 15 15 15 15 13 10
A A A A A A A A A A A A A A A A A A A A N N N N N N
51
Exhibit L
Registration Transaction Codes Two-character code used on magnetic media such as diskettes and CDs
TransCode AA AA AA CO AC AM Any change to an account (master or suboutlet) not cov ered by other codes Address change Change of master district or inter-district move or correction of erroneously established information Transfer to another district through a boundary change Change in name, business code, or change of start date or account key date on master or suboutlet Change in reporting basis on master or suboutlet Mass change of reporting basis due to the result of annual prepay analysis Mass change of a business code Reinstate an active account after a closeout in error on master or suboutlet Close out of master or suboutlet Change in close out date on master or suboutlet Change of business (location) address on master or suboutlet Change in mailing address Old tax area code prior to tax area code change Old address prior to address change Area code change, annexation or incorporation Change in tax area code Mass change of area code other than annexation TEMP-ACCOUNT = y CLOSEOUT-CODE = 7 Additional Fields New account or suboutlet Issue a temporary permit for ST accounts Issue and cancel a temporary permit for non-ST accounts Description
AM AM AM AM AM AR CO CM LC MC OT OL TC TC TC
52
Exhibit M
Fund Transfer Reasons Codes
CODE AAB AAS ABC ACA ADE ADP AFB AFO AFR AGT AIN ALC AMA AMB AMD AMG AMH AMP AMR AMV ANX APP APV ARB ARO ARS ASG ASH DESCRIPTION Accept SG Schedule Accept Additional Schedules Adjust Schedule B/C/E/F Load Return/Compliance Assessment Adjustment Return Filed After CAS Decrease Accept Duplicate as Primary Adjusted Field Billing Order Activate Financial Obligation Adjustment Per File Review Consumer Use Tax Agent Return Filed After CAS Increase Adjust Number of Locations Amended Schedule A Amended Schedule B/C/E/F Amended Deductions Amended Schedule G Amended SG Schedule A/B Accept Amended as Primary Amended Return Amended Voucher Credit Annexation Accept Prepayment into Primary Accept Prior History Version Arbitrary Breakdown Aerospace Refunds Aerospace Fund Transfers Accept Schedule G Accept Schedule B/C/E/F CODE AUA AUB AUC AUD AUF AUG AUL AUM AU1 AU2 AU3 AU4 AU5 A15 A20 BPP BPR BRD BTC CAT CCA CCB CCD CCI CFS CG CHL CIQ DESCRIPTION TD Adjustment Per Audit DR/CR Audit 414L BD DR/CR Audit Funding & BD Audit DR/CR Audit Face Funding Adjust Schedule G Per Audit Reallocation of Local Tax Per 414L Sec 2 Miscoded 414 L Audit 414L Sec 2 Audit 414L/2Q Audit 414L/3Q Audit 414L/4Q BT 537 Correction Line 15 Adjustment for Aircraft Line 20 Adjustment Original Due to Bankruptcy (BX) Back Out Primary Revenue Board Decision BT 537 Correction Catering Flat Rate Penalty Compliance Assessment Canceled Clear Comp Bad Discovery Costs City/County Inquiry Conflicting Signs Correct Keyed Error on ScheduleG Converted High Level Fund Consultant Inquiry CODE CLA CLC CLK CLL CLR CLS CLT CLW CMA CNV CON CRC CRD CSG CTP CU1 CU2 CU3 CU4 CU5 CU6 CU7 CU8 CVD DCA DDD DCE DFS DESCRIPTION Collection Activity Collection-Count Recorder Fee Collection-Keeper Collection-Liquor License Collection-Renewal Fees Collection-Seizure Cost Collection-Title Search Collection-Sheriff Warrant Load Return After Compliance Assessment Correct Converted Data Consultant Inquiry Cancel Revocation Change RSI Dates Correct Keyed Error SG Return Correct Taxpayer Return Per Docs Received From TP Reply Per Docs Received From Seller Per Docs Received From FAA Per Docs Received From US Coast Guard Per Docs Received From DMV Per Request From Petitions Per Request From Special Procedures Per Request From District Office Converted Date Debit/Credit Audit Disallow Deduction Dishonored Check Error Security Payment To Return
53
Exhibit M (continued)
CODE DPP DRA DUA DUP D15 EFT EPP E15 E20 F&E FAX FBO FEO FFR HAT INC KDE KDV LEM LRI LSS LTX MAB MAP MCL MCS MCT MDP MFE DESCRIPTION Prepay Payment To Return Derive Return From Amount Duplicate Add-Ons Duplicate Returns Disallow Line 15 Adjustment EFT Payment to Return Estimated Prepay Penalty Line 15 Adjustment for Earthquake State Add-on EC 20 EADJ Entry Code 20 Conversion Fixture and Equipment Faxed Original Field Billing Order Fixture and Equipment Only Failure to File Tax Returns Conversion-Move History/ Amended/ Tax Area Change Incorporation Correct KDE Error Correct Verification Error Lemon Law Refund Back Out Last RSI Adjustment Vehicle Lessor Schedule B/C/E/F Error Merge SG Schedule A/B Merge Amended to Primary Miscoded BT 414L Move Return/Change FO Status Move Return to Correct FO Type Merge Duplicate to Primary Merge F&E to Primary CODE MSB MSG MVR MVS NAC NRR NRS NSO OCR OOB ORG OTA OTP RAA RAC RAD RDT RDV REA RED REG RFB RID RLR ROF RRF RRR RSC RTC DESCRIPTION Merge Schedule B/C/E/F Merge Schedule G Move Schedules Not Attached to Return Move Schedules Due to Predecessor/Successor Area Code Correction No Reply Received Suboutlet Never Registered 400CS New Suboutlet Offset Credit Return Out of Balance Transaction Original Before Start or After Close Out Date One Time Penalty RAS/Ver Schedule A Adjustment Reallocate from Address Change Re-audit Re-determination Redevelopment Re-Audit Reference and Edit List Original Registration Error Return Filed Before CAS Revenue Increase on a Billed Difference Taxpayer Reply for Schedule B/C/E/F Right of Offset-Refunds Reallocation of Refund Repayment Plan Reallocation Registration Change: Start/ Closeout Date Registration Change: Tax Area Code CODE RVG RVK RVT RWS SCA SCH SFE SGA SJR STJ STL SWP SyS S15 TAP TCA TCF TCP TPS TVR TXS UNM URT USE USF UTX VAD 523 DESCRIPTION Revenue Variance Group-Adjustment Revoked-Reinstatement Fee Revenue Verification Team-Adjustment Schedule on Single Outlet Return Schedule A Error Load Schedule Sales of Fixtures and Equipment Not Reported Amended SG Return Stipulated Adjustment-Refund of Interest District Inquiry Accept Settlement Swap Meet Flat Rate Penalty System Error Line 15 Adjustment for State Add-ons Tax Amnesty Program Transfer to Correct Account Transfer to Correct FO Transfer to Correct Period Transfer Due to Predecessor/ Successor Transfer Schedules Not Attached to Return Tax Short Unreported Move of Suboutlet Unacceptable as a Return Correct User Error Use Fuel Flat Rate Penalty R1802 Use Tax Conversion Adjustment 523 Correction-Split Portion of Revenue
54
Exhibit N
Code 01 Month, Quarter and/or Year Code Month, Quarter and/or Year
07 08 09 10 11 12
02 03 04 05 06
55
Exhibit O
Sales and Use Tax Program Codes
Taxable ActivitySales and Use Tax Accounts Regular Sales and Use Tax Regular Sales and Use Tax (single location) Regular Sales and Use Tax (gasoline retailer) Regular Sales and Use Tax (multiple locations in one tax area code) Regular Sales and Use Tax (multiple locations in multiple jurisdictions) with Schedule C Regular Sales and Use Tax with Schedule B Regular Sales and Use Tax with Schedule B and (multiple locations) Schedule C Business Entity use Tax (From FTB Data) Temporary (T)(90 days or less) Arbitrary Sales (Account prefix 052, 053, 092, or 096) Individual Use Tax (from FTB return inserts) (Account prefix 062) Certificate of RegistrationUse Tax Certificate of RegistrationLender Sales and Use Tax Gasoline Distributor Consumer Use Tax Consumer Use Tax with special return Consumer UseVehicles and Mobile home (purchased from non-dealers) Consumer UseVessels (purchased from non-dealers) Consumer UseAircraft (purchased from non-dealers) U.S. Customs Use Tax Non-Recurring Use Tax TAT SR SR SR SR SR SR SR SR SR SR SU SC SL SG SU SU SA SB SP SI SD S X y S Z (EZ)* TAT Indicator
*Note: Taxpayers that file an SR return on an EZ form are limited to reporting Local Tax to a single jurisdiction and a single District.
56
Exhibit P
Board of Equalization Business Codes Comparison (BS) with North American Industry Classification System (NAICS)
NAICS 448120 448110 448130 448140 448150 448190 448200 452990 451130 452111 452112 452910 451212 453220 451110 453100 443130 451140 451220 451211 448310 443120 453210 100000 446120 446130 446191 446199 448320 451120 453910 453920 453998 532230 445120 445210 445220 445230 445291 Womens Clothing Stores Mens Clothing Stores Childrens and Infants Clothing Stores Family Clothing Stores Clothing Accessories Stores Other Clothing Stores Shoe Stores All Other General Merchandise Stores Sewing, Needlework, and Piece Goods Stores Department Stores (except Discount Department Stores) Discount Department Stores Warehouse Clubs and Supercenters News Dealers and Newsstands Gift, Novelty, and Souvenir Stores Sporting Goods Stores Florists Camera and Photographic Supplies Stores Musical Instrument and Supplies Stores Prerecorded Tape, Compact Disc, and Record Stores Book Stores Jewelry Stores Computer and Software Stores Office Supplies and Stationery Stores Declined to State Cosmetics, Beauty Supplies, and Perfume Stores Optical Goods Stores Food (Health) Supplement Stores All Other Health and Personal Care Stores Luggage and Leather Goods Stores Hobby, Toy, and Game Stores Pet and Pet Supplies Stores Art Dealers All Other Miscellaneous Store Retailers (except Tobacco Stores) Video Tape and Disc Rental Convenience Stores Meat Markets Fish and Seafood Markets Fruit and Vegetable Markets Baked Goods Stores Description BC 01 02 03 03 03 03 04 05 07 07 07 07 10 11 12 13 14 15 15 16 17 18 18 19 19 19 19 19 19 19 19 19 19 19 20 21 21 21 21
57
Exhibit P (continued)
NAICS 445299 445300 722211 722212 722213 722310 722320 445292 453991 446110 454200 454390 722330 442100 442210 442291 442299 443111 443112 453300 445110 722100 722400 444210 444220 454311 454312 454319 444110 444130 444190 444120 441110 441310 441320 447110 447190 441210 441229 453930 441120 441221 All Other Specialty Food Stores Beer, Wine, and Liquor Stores Limited-Service Restaurants Cafeterias, Grill Buffets, and Buffets Snack and Nonalcoholic Beverage Bars Food Service Contractors Caterers Confectionery and Nut Stores Tobacco Stores Pharmacies and Drug Stores Vending Machine Operators Temporary Locations: Christmas Trees, Fireworks, etc. Mobile Food Services Furniture Stores Floor Covering Stores Window Treatment Stores All Other Home Furnishings Stores Household Appliance Stores Radio, Television, and Other Electronics Stores Used Merchandise Stores Supermarkets and Other Grocery (except Convenience) Stores Full-Service Restaurants Drinking Places (Alcoholic Beverages) Outdoor Power Equipment Stores Nursery, Garden Center, and Farm Supply Stores Heating Oil Dealers Liquefied Petroleum Gas (Bottled Gas) Dealers Other Fuel Dealers Home Centers Hardware Stores Other Building Material Dealers Paint and Wallpaper Stores New Car Dealers Automotive Parts and Accessories Stores Tire Dealers Gasoline Stations with Convenience Stores Other Gasoline Stations Recreational Vehicle Dealers All Other Motor Vehicle Dealers Manufactured (Mobile) Home Dealers Used Car Dealers Motorcycle, ATV, and Personal Watercraft Dealers Description BC 21 22 24 24 24 24 24 25 26 27 28 28 28 30 30 30 30 31 31 32 34 36 36 41 41 46 46 46 50 51 52 53 60 61 61 62 62 63 63 63 64 66
58
Exhibit P (continued)
NAICS 441222 721191 721199 721211 721214 721300 811110 811120 811190 812930 532210 532291 532292 532299 532300 532410 532420 561610 561622 811200 811410 811420 811490 541921 721110 721120 711110 711120 711130 711190 711211 711212 711219 711310 711320 713110 713210 713290 811430 812200 512131 Boat Dealers Bed-and-Breakfast Inns All Other Traveler Accommodation RV (Recreational Vehicle) Parks and Campgrounds Recreational and Vacation Camps (except Campgrounds) Rooming and Boarding Houses Automotive Mechanical and Electrical Repair and Maintenance Automotive Body, Paint, Interior, and Glass Repair Other Automotive Repair and Maintenance Parking Lots and Garages Consumer Electronics and Appliances Rental Home Health Equipment Rental Recreational Goods Rental All Other Consumer Goods Rental General Rental Centers Construction, Transportation, Mining, and Forestry Machinery and Equipment Rental and Leasing Office Machinery and Equipment Rental and Leasing Investigation, Guard, and Armored Car Services Locksmiths Electronic and Precision Equipment Repair and Maintenance Home and Garden Equipment and Appliance Repair and Maintenance Reupholstery and Furniture Repair Other Personal and Household Goods Repair and Maintenance Photography Studios, Portrait Hotels (except Casino Hotels) and Motels Casino Hotels Theater Companies and Dinner Theaters Dance Companies Musical Groups and Artists Other Performing Arts Companies Sports Teams and Clubs Racetracks Other Spectator Sports Promoters of Performing Arts, Sports, and Similar Events with Facilities Promoters of Performing Arts, Sports, and Similar Events without Facilities Amusement and Theme Parks Casinos (except Casino Hotels) Other Gambling Industries Footwear and Leather Goods Repair Death Care Services Motion Picture Theaters (except Drive-Ins) Description BC 66 70 70 70 70 70 71 71 71 71 72 72 72 72 72 72 72 72 72 72 72 72 72 73 75 75 76 76 76 76 76 76 76 76 76 76 76 76 77 78 79
59
Exhibit P (continued)
NAICS 512132 532220 541410 561730 561740 561790 712110 712120 712130 712190 713120 713910 713920 713930 713940 713950 713990 812111 812112 812113 812190 812310 812320 812331 812332 812910 812990 814000 236000 237000 238100 238210 238220 238290 238300 238900 321000 327000 423300 423700 424950 334000 423400 Drive-In Motion Picture Theaters Formal Wear and Costume Rental Interior Design Services Landscaping Services Carpet and Upholstery Cleaning Services Other Services to Buildings and Dwellings Museums Historical Sites Zoos and Botanical Gardens Nature Parks and Other Similar Institutions Amusement Arcades Golf Courses and Country Clubs Skiing Facilities Marinas Fitness and Recreational Sports Centers Bowling Centers All Other Amusement and Recreation Industries Barber Shops Beauty Salons Nail Salons Other Personal Care Services Coin-Operated Laundries and Dry cleaners Dry Cleaning and Laundry Services (except Coin-Operated) Linen Supply Industrial Launderers Pet Care (except Veterinary) Services All Other Personal Services Private Households Construction of Buildings Heavy and Civil Engineering Construction Foundation, Structure, and Building Exterior Contractors Electrical Contractors and Other Wiring Installation Contractors Plumbing, Heating, and Air-Conditioning Contractors Other Building Equipment Contractors Building Finishing Contractors Other Specialty Trade Contractors Wood Product Manufacturing Nonmetallic Mineral Product Manufacturing Lumber and Other Construction Materials Merchant Wholesalers Hardware, and Plumbing and Heating Equipment and Supplies Merchant Wholesalers Paint, Varnish, and Supplies Merchant Wholesalers Computer and Electronic Product Manufacturing Professional and Commercial Equipment and Supplies Merchant Wholesalers Description BC 79 79 79 79 79 79 79 79 79 79 79 79 79 79 79 79 79 79 79 79 79 79 79 79 79 79 79 79 82 82 82 82 82 82 82 82 82 82 82 82 82 83 83
60
Exhibit P (continued)
NAICS 541940 621100 621200 621300 621400 621500 621600 621900 622000 623000 221100 221200 221300 481000 482000 483000 484000 485000 486000 487000 488100 488200 488300 488400 488500 488900 491000 492000 493000 515110 515120 515200 517100 517200 517400 517900 532110 532120 561500 562000 335000 423600 Veterinary Services Offices of Physicians Offices of Dentists Offices of Other Health Practitioners Outpatient Care Centers Medical and Diagnostic Laboratories Home Health Care Services Other Ambulatory Health Care Services Hospitals Nursing and Residential Care Facilities Electric Power Generation, Transmission and Distribution Natural Gas Distribution Water, Sewage and Other Systems Air Transportation Rail Transportation Water Transportation Truck Transportation Transit and Ground Passenger Transportation Pipeline Transportation Scenic and Sightseeing Transportation Support Activities for Air Transportation Support Activities for Rail Transportation Support Activities for Water Transportation Support Activities for Road Transportation Freight Transportation Arrangement Other Support Activities for Transportation Postal Service Couriers and Messengers Warehousing and Storage Radio Broadcasting Television Broadcasting Cable and Other Subscription Programming Wired Telecommunications Carriers Wireless Telecommunications Carriers (except Satellite) Satellite Telecommunications Other Telecommunications Passenger Car Rental and Leasing Truck, Utility Trailer, and RV (Recreational Vehicle) Rental and Leasing Travel Arrangement and Reservation Services Waste Management and Remediation Services Electrical Equipment, Appliance, and Component Manufacturing Electrical and Electronic Goods Merchant Wholesalers Description BC 84 84 84 84 84 84 84 84 84 84 85 85 85 85 85 85 85 85 85 85 85 85 85 85 85 85 85 85 85 85 85 85 85 85 85 85 85 85 85 85 86 86
61
Exhibit P (continued)
NAICS 611100 611200 611300 624000 813100 813200 813300 813400 813910 813920 813940 813990 920000 115100 115200 115300 213100 518000 519110 519120 519130 519190 521000 522100 522210 522220 522290 522300 523000 524000 525000 531100 531200 531300 533000 541100 541200 541300 541420 541430 541490 541500 Elementary and Secondary Schools Junior Colleges Colleges, Universities, and Professional Schools Social Assistance Religious Organizations Grant Making and Giving Services Social Advocacy Organizations Civic and Social Organizations Business Associations Professional Organizations Political Organizations Other Similar Organizations (except Business, Professional, Labor, and Political Organizations) Public Administration Support Activities for Crop Production Support Activities for Animal Production Support Activities for Forestry Support Activities for Mining Data Processing, Hosting, and Related Services News Syndicates Libraries and Archives Internet Publishing and Broadcasting and Web Search Portals All Other Information Services Monetary Authorities - Central Bank Depository Credit Intermediation Credit Card Issuing Sales Financing Other Nondepository Credit Intermediation Activities Related to Credit Intermediation Securities, Commodity Contracts, and Other Financial Investments and Related Activities Insurance Carriers and Related Activities Funds, Trusts, and Other Financial Vehicles Lessors of Real Estate Offices of Real Estate Agents and Brokers Activities Related to Real Estate Lessors of Nonfinancial Intangible Assets (except Copyrighted Works) Legal Services Accounting, Tax Preparation, Bookkeeping, and Payroll Services Architectural, Engineering, and Related Services Industrial Design Services Graphic Design Services Other Specialized Design Services Computer Systems Design and Related Services Description BC 87 87 87 87 87 87 87 87 87 87 87 87 87 89 89 89 89 89 89 89 89 89 89 89 89 89 89 89 89 89 89 89 89 89 89 89 89 89 89 89 89 89
62
Exhibit P (continued)
NAICS 541600 541700 541800 541910 541920 541930 541990 551000 561100 561200 561300 561400 561621 561710 561720 561910 561920 561990 611400 611500 611610 611620 611630 611690 611700 711400 711500 812920 813930 111100 111200 111300 111400 111900 112100 112200 112300 112400 112500 112900 113100 113200 Description Management, Scientific, and Technical Consulting Services Scientific Research and Development Services Advertising and Related Services Marketing Research and Public Opinion Polling Photographic Services Translation and Interpretation Services All Other Professional, Scientific, and Technical Services Management of Companies and Enterprises Office Administrative Services Facilities Support Services Employment Services Business Support Services Security Systems Services (except Locksmiths) Exterminating and Pest Control Services Janitorial Services Packaging and Labeling Services Convention and Trade Show Organizers All Other Support Services Business Schools and Computer and Management Training Technical and Trade Schools Fine Arts Schools Sports and Recreation Instruction Language Schools All Other Schools and Instruction Educational Support Services Agents and Managers for Artists, Athletes, Entertainers, and Other Public Figures Independent Artists, Writers, and Performers Photofinishing Labor Unions and Similar Labor Organizations Oilseed and Grain Farming Vegetable and Melon Farming Fruit and Tree Nut Farming Greenhouse, Nursery, and Floriculture Production Other Crop Farming Cattle Ranching and Farming Hog and Pig Farming Poultry and Egg Production Sheep and Goat Farming Animal Aquaculture Other Animal Production Timber Tract Operations Forest Nurseries and Gathering of Forest Product BC 89 89 89 89 89 89 89 89 89 89 89 89 89 89 89 89 89 89 89 89 89 89 89 89 89 89 89 89 89 90 90 90 90 90 90 90 90 90 90 90 90 90
63
Exhibit P (continued)
NAICS 113300 114100 114200 311100 311200 311300 311400 311500 311600 311700 311800 311900 312110 312120 312130 312140 312200 424400 424500 424800 424910 424930 424940 313000 314000 315000 316200 337000 423200 423940 424300 512200 325000 424200 424600 512110 512120 512190 336000 423100 211100 324000 Logging Fishing Hunting and Trapping Animal Food Manufacturing Grain and Oilseed Milling Sugar and Confectionery Product Manufacturing Fruit and Vegetable Preserving and Specialty Food Manufacturing Dairy Product Manufacturing Animal Slaughtering and Processing Seafood Product Preparation and Packaging Bakeries and Tortilla Manufacturing Other Food Manufacturing Soft Drink and Ice Manufacturing Breweries Wineries Distilleries Tobacco Manufacturing Grocery and Related Product Wholesalers Farm Product Raw Material Merchant Wholesalers Beer, Wine, and Distilled Alcoholic Beverage Merchant Wholesalers Farm Supplies Merchant Wholesalers Flower, Nursery Stock, and Florists Supplies Merchant Wholesalers Tobacco and Tobacco Product Merchant Wholesalers Textile Mills Textile Product Mills Apparel Manufacturing Footwear Manufacturing Furniture and Related Product Manufacturing Furniture and Home Furnishing Merchant Wholesalers Jewelry, Watch, Precious Stone, and Precious Metal Merchant Wholesalers Apparel, Piece Goods, and Notions Merchant Sound Recording Industries Chemical Manufacturing Drugs and Druggists Sundries Merchant Wholesalers Chemical and Allied Products Merchant Wholesalers Motion Picture and Video Production Motion Picture and Video Distribution Postproduction Services and Other Motion Picture and Video Industries Transportation Equipment Manufacturing Motor Vehicle and Motor Vehicle Parts and Supplies Merchant Wholesalers Oil and Gas Extraction Petroleum and Coal Products Manufacturing Description BC 90 90 90 90 90 90 90 90 90 90 90 90 90 90 90 90 90 90 90 90 90 90 90 91 91 91 91 91 91 91 91 91 92 92 92 93 93 93 94 94 96 96
64
Exhibit P (continued)
NAICS 424700 212100 212200 212300 331000 332000 333000 423500 423800 532490 811300 316100 316900 322000 323000 326000 339000 423910 423920 423930 423990 424100 424920 424990 425110 425120 511110 511120 511130 511140 511190 511200 Coal Mining Metal Ore Mining Nonmetallic Mineral Mining and Quarrying Primary Metal Manufacturing Fabricated Metal Product Manufacturing Machinery Manufacturing Metal and Mineral (except Petroleum) Merchant Wholesalers Machinery, Equipment, and Supplies Merchant Wholesalers Other Commercial and Industrial Machinery and Equipment Rental and Leasing Commercial and Industrial Machinery and Equipment (except Automotive and Electronic) Repair and Maintenance Leather and Hide Tanning and Finishing Other Leather and Allied Product Manufacturing Paper Manufacturing Printing and Related Support Activities Plastics and Rubber Products Manufacturing Miscellaneous Manufacturing Sporting and Recreational Goods and Supplies Merchant Wholesalers Toy and Hobby Goods and Supplies Merchant Wholesalers Recyclable Material Merchant Wholesalers Other Miscellaneous Durable Goods Merchant Wholesalers Paper and Paper Product Merchant Wholesalers Book, Periodical, and Newspaper Merchant Wholesalers Other Miscellaneous Nondurable Goods Merchant Wholesalers Business to Business Electronic Markets Wholesale Trade Agents and Brokers Newspaper Publishers Periodical Publishers Book Publishers Directory and Mailing List Publishers Other Publishers Software Publishers Description Petroleum and Petroleum Products Merchant Wholesalers BC 96 98 98 98 98 98 98 98 98 98 98 99 99 99 99 99 99 99 99 99 99 99 99 99 99 99 99 99 99 99 99 99
65
Exhibit Q
STATE OF CALIFORNIA
BOARD OF EQUALIZATION
Note: The inquiry must contain sufficient factual data to support the probability that local tax has been erroneously allocated and distributed. Sufficient factual data must include, at a minimum, all of the following for each business location being questioned: 1) Taxpayer name, including owner name and fictitious business name or d.b.a. (doing business as) designation. 2) Taxpayers permit number or a notation stating no permit number. 3) Complete business address of the taxpayer. 4) Complete description of taxpayers business activity(ies). 5) Specific reasons and evidence why the taxpayers allocation is questioned. (In cases where it is submitted that the location of the sale is an unregistered location, evidence that the unregistered location is a selling location, as explained by Regulation 1699, or is a place of business, as defined by Regulation 1802, must be submitted. In cases that involve shipments from an out-of-state location and claims that the tax is sales tax and not use tax, evidence must be submitted that there was participation by an in-state of fice of the out-of-state retailer and that title to the goods passed in this state.) 6) Name, title, and phone number of the contact person. 7) The tax reporting periods involved.
NAME OF JURISDICTION ALLOCATION PERIOD QUESTIONED
CURRENTLY OPERATING
NAME
M A S
TITLE
Yes
E L P
BUSINESS NAME
No
Person to call for more information regarding the taxpayers allocation of local tax
SECTION II QUESTIONS ABOUT THE BUSINESS Is merchandise sold at this location? Yes No
Yes No
Yes
No
DATES OF OPERATION:
From:
To:
66
Exhibit Q (continued)
Yes
No
Are sales made at temporary locations (fairs, swap meets, etc.)? If yes, please describe.
Yes
No
Yes
No
Is merchandise delivered to customers from out-of-state inventory? Is merchandise delivered to customers from California inventory? Other
If merchandise is shipped directly to customers from an out-of-state inventory, do sales contracts contain a specific title clause allowing title to pass in California? Yes No
Is the merchandise shipped with an F.O.B. - destination or F.O.B. - shipping point provision?
Are sales negotiated at a location outside of California? Yes No Yes No
M A S
E L P
No Yes No No
DATE
Yes
No
Yes
SUBMITTED BY (NAME)
67
Exhibit R
STATE OF CALIFORNIA
BOARD OF EQUALIZATION
Note: The inquiry must contain sufficient factual data to support the probability that local tax has been erroneously allocated and distributed. Sufficient factual data must include, at a minimum, all of the following for each business location being questioned: 1) Taxpayer name, including owner name and fictitious business name or d.b.a. (doing business as) designation. 2) Taxpayers permit number or a notation stating no permit number. 3) Complete business address of the taxpayer. 4) Complete description of taxpayers business activity(ies). 5) Specific reasons and evidence why the taxpayers allocation is questioned. (In cases where it is submitted that the location of the sale is an unregistered location, evidence that the unregistered location is a selling loca tion, as explained by Regulation 1699, or is a place of business, as defined by Regulation 1802, must be submitted. In cases that involve shipments from an out-of-state location and claims that the tax is sales tax and not use tax, evidence must be submitted that there was participation by an in-state office of the out-of-state retailer and that title to the goods passed in this state.) 6) Name, title, and phone number of the contact person. 7) The tax reporting periods involved.
NAME OF JURISDICTION REASON FOR QUESTIONING THE ALLOCATION ALLOCATION PERIOD IN QUESTION
OWNER NAME
BUSINESS ADDRESS (street, city, state, zip code) DATE BUSINESS STARTED
M A S
Yes No To:
E L P
CURRENTLY OPERATING
Yes
No
Person to call for more information regarding the taxpayers allocation of local tax
TITLE BEST TIME TO CALL
From:
68
Exhibit S
STATE OF CALIFORNIA
BOARD OF EQUALIZATION
Please type or print clearly in ink. See reverse for complete instructions. SELECT ACTION REQUESTED New EFT Account Change EFT Bank Account (see instructions) Cancel EFT SECTION I
NAME OF LOCAL JURISDICTION OR SPECIAL DISTRICT (payee) TAX AREA CODE
SELECT TAX PROGRAM 1% Local Tax % (County) Transportation Fund Add-on (Special District) Tax
MAILING ADDRESS
SECTION II
The State Controllers Office, on behalf of the State Board of Equalization, is hereby authorized to make direct deposit (EFT) of any amounts distributed pursuant to the Bradley-Burns Uniform Local Sales and Use Tax Law or the Transactions and Use Tax Law less any mandatory withholding or deductions therefrom to the designated bank account identified below. If the designated EFT account is a checking account, a voided check or copy must be attached to the completed authoriza tion agreement. If the account is a savings or other deposit-only account, an account confirmation from the bank must be attached. The voided check or confirmation will be used to verify the bank account and transit routing numbers.
BANK NAME
TYPE OF ACCOUNT
CHECKING
Payee agrees that in the event that the payee owes a debt determined either by court order, or otherwise by operation of law, and for which the Board has been notified according to law, to make repayments by deductions from Local Sales and Use Tax transmittals, the payee will be removed from the EFT program until the debt is extinguished.
SIGNATURE TITLE DATE
M A S
SAVINGS
E L P
IMPORTANT
69
Exhibit S (continued)
InstructIons for local jurIsdIctIons for completIng the eft authorIzatIon agreement form
general
Read this agreement carefully, and if you have questions call 916-324-1386. Please type or print clearly. Check one action box and one tax program box. Your jurisdictions tax program can be found on the title line of the remittance advice received from the State Controllers Office. Complete all information blocks.
sectIon I
Your jurisdictions tax area code can be found on the remittance advice immediately above the word Payee. A contact person and telephone number are required to process your authorization agreement.
sectIon II
Please indicate the type of account. (Checking or Savings)
The Transit Routing Number (nine digits) typically can be found in the bottom left-hand corner of your check.
Be sure to include a voided check or bank confirmation with your authorization agreement.
addItIonal InformatIon
Important: do not close your old account untIl the fIrst eft payment Is deposIted Into the newly desIgnated account. This agreement will remain in effect until the Board of Equalization is notified in writing that you wish to
redesignate your account and/or your financial institution, or that you wish to cancel EFT service.
To redesignate, please submit a new EFT Authorization Agreement for Local Jurisdictions. Be sure to
check the correct action box on the front of the form, and provide the correct new information.
The first deposit into a new account should be made within 60 days from the Boards receipt of the
completed EFT Authorization Agreement.
In the interim between the closing of the old account and opening of the new account, you may receive a warrant via U.S. Mail.
M A S
E L P
canceling eft service To cancel EFT service, submit a new EFT Authorization Agreement for Local Jurisdictions, and check the CANCEL EFT box. Be sure to complete all information blocks.
eft direct deposit posting dates Funds will be deposited on the Warrant Issue Date as shown on the Boards Allocation Calendar. Calendars can be found in Publication 28, tax Information for city and county officials, downloaded from the Boards website at www.boe.ca.gov/pdf/pub28.pdf (see exhibits), or requested from the Local Revenue Allocation Sec tion at 916-324-3000. Most financial institutions post funds to accounts at the beginning of the bank business day; however, you should confirm your particular banks practice to determine when funds will be available.
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GloSSaRY oF tERMS
Advance Allocation Countywide/Statewide Pools Estimated payment distributed to a tax jurisdiction at least twice per calendar quarter as required by statute. The identification of money as belonging to a specific jurisdiction or fund. A mechanism used to allocate local tax that cannot be identified with a specific place of sale or use in California. Local tax reported to the pools is distributed to the local jurisdictions each calendar quarter using a formula that relates to the direct alloca tion of local tax to each jurisdiction for the given period. Date on which notice of suspected improper distribution of local tax is received by the BOE. A DOK may also be operationally documented by the BOE. (See Compliance Policy and Procedures Manual 906.000 et seq.) The disbursement of money to jurisdictions or funds based on allocation. Term used to describe suspected incorrect allocation of funds prior to verification by BOE staff. Term reserved for BOE use representing an incorrect allocation of funds as verified by BOE staff. A request or inquiry that the BOE receives from a Jurisdiction or a District for investi gation of suspected misallocation of local tax or improper distribution of district tax. A petition must be submitted in writing and include sufficient factual data to support the misallocation or improper distribution. Out-of-state retailers who do not have a permanent place of business in this state, but who maintain a stock of tangible personal property in this state must acquire a sellers permit for their warehouse location. If the retailer subsequently establishes a permanent place of business (sales location) in this state, the warehouse permit will remain active and the allocation of the local tax will be to the location that makes the sale. An in-state retailer that has a sales location can also have a warehouse permit provided the warehouse makes sales of tangible personal property in the state. Effective January 1, 1995, under certain conditions, local tax from construction con tractors may be allocated to the local jurisdiction of the specific construction jobsite. The contract (or subcontract) must be for no less than $5,000,000 for work performed at the jobsite. The election to report under a sub-permit must be made by the con tractor furnishing and installing materials and/or fixtures. For complete information on this topic, see Special Notice dated January 1995, Exhibit A. District Use Tax is generally paid by a retailer who: maintains, occupies, or uses any type of office, sales room, warehouse, or other place of business in the district, even if it is used temporarily, indirectly, or through an agent. has any kind of representative operating in the district for purposes of making sales or deliveries, or taking orders.
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Glossary (continued)
derives rentals from a lease of tangible personal property in the district. sells or leases vehicles, undocumented vessels, or aircraft that will be registered in the district. Quarterly Cleanup Sellers Permit Net amount of tax receipts due to be paid to jurisdictions after advance payments and deduction for administrative costs. The document issued by the BOE bearing the name of the business, the business address, and the assigned sellers permit number. The sellers permit must be con spicuously displayed at the location for which it is issued. (Please refer to Exhibit F for sample.) Also known as account number. Each retailers permit number is a unique identifier used to report sales, transactions, and use tax. Each number is made up of a combi nation of up to four parts: (1) Taxable Activity Type (TAT), (2) TAT Indicator (used for consolidated and special seller accounts), (3) Office Code, and (4) nine-digit numeric portion. The following diagram shows each component of the sellers permit number.
TAT SR TAT INDICATOR S OFFICE CODE KH NUMERIC PORTION 028-123456
A Special Taxing Jurisdiction is a local jurisdiction that, under enabling statutes in various codes, may impose transactions (sales) and use taxes within its borders. Voters must approve a district tax, by either a simple majority (50 percent, plus 1) or a super majority (2/3 vote) of those voting on this issue. A district tax is levied on a countywide basis, multicounty basis (for example, BART) and within incorporated city limits. This program is a door-to-door effort to check retailers for proper permits in an effort to increase voluntary compliance with sales and use tax laws and to educate retailers on all licensing obligations. The base amount upon which the sales or use tax rate is applied to arrive at the amount of tax due: (taxable measure x tax rate = tax due). 12-digit code assigned to each registered in state business location that corresponds to the local jurisdiction (county, city, special tax district, and redevelopment agency) where the business is located but does not always follow zip code areas assigned by U.S. Post Office. In the case of out-of-state sellers reporting use tax, the assigned TAC may represent the statewide or countywide pools. See example A (page 14) Sample Tax Area Code.
Statewide Compliance Outreach Program (SCOP) Taxable Measure Tax Area Code (TAC)
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Glossary (continued)
Transactions (Sales) Tax Use Tax Direct Payment Permit Transactions (Sales) Tax is generally paid by a retailer who has a business location in the district, and the sale occurs at that location. In the case of a county, city, city and county, or redevelopment agency, a permit that allows the jurisdiction to issue an exemption certificate to retailers from which they make purchases subject to use tax, (for example, out-of-state vendors). The jurisdic tion may then self-assess and report the use tax on those purchases, thus allocating the local use tax directly to the jurisdiction rather than through the countywide pool. Taxpayers under qualifying circumstances may also obtain these permits.
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Forms
BOE-530 Schedule C Detailed Allocation By Suboutlet of Uniform Local Sales and Use Tax BOE-530-B, Local Tax Allocation for Temporary Sales Locations BOE-531, Schedule B Detailed Allocation By County of 1% Uniform Local Sales and Use Tax BOE-531-F, Schedule F Detailed Allocation By City of 1% Uniform Local Sales and Use Tax BOE-549-L, Claimed Incorrect Distribution of Local Tax (Long Form) BOE-549-S, Claimed Incorrect Distribution of Local Tax (Short Form) BOE-555-LJ, EFT Authorization Agreement for Local Jurisdictions
Publications
Publication 44, District Taxes Publication 71, California City and County Sales Tax Rates in California Publication 389, Taxable Sales in California
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LOCATION Local Revenue Allocation Unit Board of Equalization 450 N Street, MIC:27 PO Box 942879 Sacramento, CA 94279-0027 Email to: ewgroup@boe.ca.gov CONTACT Warrant Desk Telephone: 916-324-1386 Telephone: 916-322-8165 Fax: 916-324-8117 DUTIES Missing Warrants Late or Missing Bank Deposits Section 7056 Resolutions EFT Assistance
Creation of New Special Tax Districts District Tax Information Construction Contracts over $5 Million Annual Audit Confirmation of Local and District Tax Distributed Use Tax Direct Payment Permits
Advance Desk Telephone: 916-327-7133 Telephone: 916-324-1371 Fax: 916-324-3001 Media Desk Telephone: 916-324-1218 Fax: 916-324-3001 Budget Section Board of Equalization 450 N Street, MIC:25 PO Box 942879 Sacramento, CA 94279-0025 Audit Determination and Refund Section (Allocation Group) Board of Equalization 450 N Street, MIC:39 PO Box 942879 Sacramento, CA 94279-0039 Research & Statistics Section 450 N Street, MIC:67 PO Box 942879 Sacramento, CA 94279-0067 State Controllers Office PO Box 942850 Sacramento, CA 94250 Telephone: 916-445-1173 Fax: 916-322-3184
Advance Payment Information - Local Creation of New Cities (Incorporations) Advance Payment Information - District Allocation/Registration Media
Administrative Fees
Suspected Improper Allocation of Local and District Tax Petition Form 5495 & 549L Assembly Bill 990 (AB990)
Statewide Compliance and Outreach Program (SCOP) Board of Equalization 450 N Street, MIC:46 PO Box 942879 Sacramento, CA 94279-0046
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caliFoRnia StatE boaRD oF EqualiZation 450 n StREEt SacRaMEnto, caliFoRnia MailinG aDDRESS: P.o. box 942879 SacRaMEnto, ca 94279-0001