California Assembly Bill AB711 Amended / Bill

 BILL NUMBER: AB 711AMENDED BILL TEXT AMENDED IN ASSEMBLY APRIL 14, 2009 INTRODUCED BY Assembly Member Charles Calderon FEBRUARY 26, 2009 An act to  amend Section 6002 of   add Section 6225 to  the Revenue and Taxation Code, relating to sales and use taxes. LEGISLATIVE COUNSEL'S DIGEST AB 711, as amended, Charles Calderon.  Sales and use taxes.   State Board of Equalization: administration: use tax.   The Sales and Use Tax Law requires a person conducting business as a seller of tangible personal property in this state to obtain a permit from the State Board of Equalization for each place of business and also requires a person selling tangible personal property for storage, use, or other consumption in this state to register with the State Board of Equalization.   This bill would require a qualified purchaser, as defined, to register with the State Board of Equalization and to report and pay by April 15, the use tax owed for the previous calendar year. This bill would not apply to the purchase of a vehicle, vessel, or aircraft. This bill would state the Legislature's intent that the revenues paid by qualified purchasers that are deposited into the General Fund be annually appropriated to the Intellectual Property Piracy Prevention and Prosecution Fund.   This bill would become operative only if Assembly Bill 819 of the 2009-10 Regular Session of the Legislature is chaptered.   The Sales and Use Tax Law imposes a tax on the gross receipts from the sale in this state of, or the storage, use, or other consumption in this state of, tangible personal property and defines various terms for the purposes of that law.   This bill would make a technical, nonsubstantive change with respect to the definitions that govern the construction of the Sales and Use Tax Law.  Vote: majority. Appropriation: no. Fiscal committee:  no   yes  . State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:  SECTION 1.   Section 6225 is added to the   Revenue and Taxation Code   , to read:   6225. (a) In order to facilitate the collection of use tax imposed by this part, a qualified purchaser shall register with the board on a form prescribed by the board and shall set forth the name under which the qualified purchaser transacts or intends to transact business, the location of the qualified purchaser's place or places of business, and other information as the board may require. (b) The provisions of Article 1 (commencing with Section 6451) of Chapter 5 of this part shall apply to a qualified purchaser, except that a return showing the total sales price of the tangible personal property purchased by the qualified purchaser, the storage, use, or other consumption of which became subject to the use tax during the preceding calendar year, and which was not paid to a retailer required to collect the tax, shall be filed, together with a remittance of the amount of the tax due, with the board on or before April 15. (c) A "qualified purchaser" means a person that meets all of the following conditions: (1) The person is required to hold a business license as required by the local ordinance of the city, county, or city and county in which the person conducts business. (2) The person is not required to hold a seller's permit pursuant to this part. (3) The person is not required to be registered pursuant to Section 6226. (4) The person is not a holder of a use tax direct payment permit as described in Section 7051.3. (d) This section shall not apply to the purchase of a vehicle, vessel, or aircraft as defined in Article 1 (commencing with Section 6271) of Chapter 3.5 of this part. (e) It is the intent of the Legislature that the revenues deposited into the General Fund be annually appropriated to the Intellectual Property Piracy Prevention and Prosecution Fund.   SEC. 2.   This act shall become operative only if Assembly Bill 819 of the 2009-10 Regular Session of the Legislature is chaptered.   SECTION 1.   Section 6002 of the Revenue and Taxation Code is amended to read: 6002. Except where the context otherwise requires, the definitions in this chapter govern the construction of this part.