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Chapter 5. Energy Resources Surcharge Law›Article 2. Exemptions and Exclusions from Surcharge

§ 2316. Specific Applications.

California Code of Regulations, Title 18 — Division 2. California Department of Tax and Fee Administration — Business Taxes · 2026 edition · updated 2026-10-05 · California

Source: https://govt.westlaw.com/calregs/Document/IDCD4E7D34C8311EC89E5000D3A7C4BC3?viewType=FullText&originationContext=documenttoc&transitionType=CategoryPageItem&contextData=(sc.Default)

The surcharge does not apply to the consumption of electrical energy by the following persons:

(1) The United States, its unincorporated agencies and instrumentalities;

(2) Any incorporated agency or instrumentality of the United States wholly owned by either the United States, or by a corporation wholly owned by the United States;

(3) The American National Red Cross, its chapters and branches;

(4) Insurance companies, including title insurance companies, subject to taxation under California Constitution, Article XIII, Section 28;

(5) Banks, including national banking associations, located within the limits of this state. The exemption for state banks and national banking associations has been repealed beginning with the bank's income year for Bank and Corporation Tax purposes commencing on or after January 1, 1981. The surcharge shall be collected by the electric utility from each state bank and each national banking association beginning with the first regular billing period applicable to that bank which commences on or after the date the bank becomes subject to the surcharge.

(6) Enrolled Indians purchasing and consuming electrical energy on Indian reservations;

(7) Career consular officers and employees of certain foreign governments who are exempt from tax by treaties and other diplomatic agreements with the United States;

(8) Federal credit unions organized in accordance with the provisions of the Federal Credit Union Act.

Credits

Note: Authority cited: Section 40171, Revenue and Taxation Code. Reference: Sections 40001-40191, Revenue and Taxation Code.

History

  1. Amendment filed 1-30-80; effective thirtieth day thereafter (Register 80, No. 5).

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▸Contents — California Code of Regulations, Title 18 — Division 2. California Department of Tax and Fee Administration — Business Taxes

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