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BOE PUBLICATION #47 <br />

Leases <strong>of</strong> used mobilehomes<br />

Tax does not apply to receipts from the lease <strong>of</strong> used mobilehomes that were first sold new in <strong>California</strong> on or<br />

after July 1, 1980.<br />

For more information<br />

For more information on the leasing <strong>of</strong> mobilehomes, you can request a copy <strong>of</strong> Regulation 1660, Leases <strong>of</strong><br />

Tangible Personal Property–in General, or publication 46, Tax Tips for Leasing <strong>of</strong> Tangible Personal Property in<br />

<strong>California</strong>. See page 31 for ordering information.<br />

Dealer Purchases <strong>and</strong> Use <strong>of</strong> New Mobilehomes <strong>and</strong> Related Items<br />

This chapter describes common mobilehome dealer purchases, including purchases for resale. For more general<br />

information on purchases for resale <strong>and</strong> issuing resale certificates, see publication 73, Your <strong>California</strong> Seller’s<br />

Permit, <strong>and</strong> publication 42, Resale Certificate Tips. You may also obtain a copy <strong>of</strong> Regulation 1668, Sales for<br />

Resale, <strong>and</strong> Regulation 1669, Demonstration, Display <strong>and</strong> Use <strong>of</strong> Property Held for Resale— General. (See page<br />

31.)<br />

Purchases for resale, in general<br />

As a mobilehome dealer, you may issue resale certificates to manufacturers <strong>and</strong> suppliers when you buy items<br />

you will sell as a retailer or retailer-consumer. You may also issue resale certificates when you buy items that will<br />

become a physical part <strong>of</strong> products you sell. Common products you may purchase for resale include:<br />

• Mobilehomes.<br />

• Items you will attach to mobilehomes before you sell them, such as carpeting, wall paneling, room<br />

partitions, <strong>and</strong> built-in appliances.<br />

• Mobilehome accessory items you will not attach to real estate.<br />

• Furniture <strong>and</strong> home furnishings, under certain circumstances (see below).<br />

Furniture <strong>and</strong> furnishings used to enhance mobilehomes for sale<br />

You may purchase furniture <strong>and</strong> other home furnishings to enhance the appearance <strong>of</strong> a mobilehome while not<br />

<strong>of</strong>fering the furnishings for resale. For example, you might furnish a model mobilehome to make it more appealing<br />

to potential buyers. However, you may buy furniture or accessories for resale if you do both <strong>of</strong> the following. You<br />

must:<br />

• Regularly include the items with the sale <strong>of</strong> a mobilehome; <strong>and</strong><br />

• Offer the items for sale in your business <strong>and</strong> not use them before sale for any purpose other than<br />

demonstration <strong>and</strong> display.<br />

Taxable use <strong>of</strong> a mobilehome<br />

You owe use tax when you buy a new mobilehome for resale <strong>and</strong> then use it for a purpose other than for<br />

demonstration <strong>and</strong> display. For example, you might buy a new mobilehome <strong>and</strong> use it as an <strong>of</strong>fice.<br />

When you use a mobilehome before you sell it or instead <strong>of</strong> selling it, you are considered the consumer <strong>of</strong> the<br />

mobilehome <strong>and</strong> use tax applies to your full purchase price. You should pay the use tax with your sales <strong>and</strong> use<br />

tax return for the period in which you first use the mobilehome as an <strong>of</strong>fice or other facility.<br />

Example:<br />

You are a mobilehome dealer who maintains an inventory <strong>of</strong> mobilehomes you purchased for resale. You take<br />

one <strong>of</strong> those mobilehomes out <strong>of</strong> inventory <strong>and</strong> give it to your daughter to use as a temporary residence while her<br />

home is under construction. The gift <strong>of</strong> the mobilehome is a taxable use. Since you did not pay tax on the<br />

mobilehome when you bought it, you now owe use tax based on its full purchase price. By withdrawing the<br />

mobilehome from your inventory <strong>and</strong> gifting it to your daughter, you are making a taxable use <strong>of</strong> the mobilehome.<br />

You are not regarded as a “retailer consumer” since you did not sell the mobilehome to your daughter for<br />

occupancy as a residence.<br />

179

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