Desert Hot Springs Municipal Code Ch. 3.16 Sales and Use Tax

This chapter shall be known as the “Uniform Local Sales and Use Tax Ordinance.”

(Prior code § 35.010)

The City Council declares that the ordinance codified in this chapter is adopted to achieve the following, among other, purposes and directs that the provisions hereof be interpreted in order to accomplish those purposes:

A. To adopt a sales and use tax ordinance which complies with the requirements and limitations contained in California Revenue and Taxation Code Division 2, Part 1.5.

B. To adopt a sales and use tax ordinance which incorporates provisions identical to those of the sales and use tax law of the state insofar as those provisions are not inconsistent with the requirements and limitations contained in California Revenue and Taxation Code Division 2, Part 1.5.

C. To adopt a sales and use tax ordinance which imposes a tax and provides a measure therefor that can be administered and collected by the State Board of Equalization in a manner that adapts itself as fully as practicable to, and requires the least possible deviation from the existing statutory and administrative procedures followed by the State Board of Equalization in administering and collecting the state sales and use taxes.

D. To adopt a sales and use tax ordinance which can be administered in a manner that will, to the degree possible consistent with the provisions of California Revenue and Taxation Code Division 2, Part 1.5, minimize the cost of collecting City sales and use taxes and at the same time minimize the burden of record keeping upon persons subject to taxation under the provisions of this chapter.

(Prior code § 35.011)

The rate of sales tax and use tax imposed by this chapter shall be the maximum rate set forth in paragraph (b) of Section 8 of Ordinance No. 438 of the County, as amended.

(Prior code § 35.012)

For the privilege of selling tangible personal property at retail a tax is imposed upon all retailers in the City at the rate stated in Section 3.16.030 of the gross receipts of the retailer from the sale of all tangible personal property sold at retail in this City on and after the operative date.

(Prior code § 35.013)

For the purposes of this chapter, all retail sales are consummated at the place of business of the retailer unless the tangible personal property sold is delivered by the retailer or the retailer’s agent to an out-of-state destination or to a common carrier for delivery to an out-of-state destination. The gross receipts from such sales shall include delivery charges, when such charges are subject to the state sales and use tax, regardless of the place to which delivery is made. In the event a retailer has no permanent place of business in the state or has more than one place of business, the place or places at which the retail sales are consummated shall be determined under rules and regulations to be prescribed and adopted by the State Board of Equalization.

(Prior code § 35.014)

An excise tax is imposed on the storage, use or other consumption in this City of tangible personal property purchased from any retailer on and after the operative date for storage, use or other consumption in this City at the rate stated in Section 3.16.030 of this chapter, of the sales price of the property. The sales price shall include delivery charges when such charges are subject to state sales or use tax regardless of the place to which delivery is made.

(Prior code § 35.015)

A. Adoption. Except as otherwise provided in this chapter and except insofar as they are inconsistent with the provisions of California Revenue and Taxation Code Division 2, Part 1.5, all of the provisions of California Revenue and Taxation Code Division 2, Part 1 are adopted and made a part of this chapter as though fully set forth herein.

B. Limitations. In adopting the provisions of California Revenue and Taxation Code Division 2, Part 1, wherever the state of California is named or referred to as the taxing agency, the name of this City shall be substituted therefor. The substitution, however, shall not be made when the word “state” is used as part of the title of the State Controller, the State Treasurer, the State Board of Control, the State Board of Equalization, the State Treasury or the Constitution of the State of California; and substitution shall not be made when the result of that substitution would require action to be taken by or against the City, or any agency thereof rather than by or against the State Board of Equalization in performing the functions incident to the administration or operation of this chapter; the substitution shall not be made in those sections, including, but not necessarily limited to, sections referring to the exterior boundaries of the state, where the result of the substitution would be to provide an exemption from this tax while such sales, storage, use or other consumption remain subject to tax by the state under the provisions of California Revenue and Taxation Code Division 2, Part 1, or to impose this tax with respect to certain sales, storage, use or other consumption of tangible personal property which would not be subject to tax by the state under the provisions of that code; the substitution shall not be made in California Revenue and Taxation Code Sections 6701, 6702 (except in the last sentence thereof), 6711, 6715, 6737, 6797 or 6828; and the substitution shall not be made for the word “state” in the phrase “retailer engaged in business in this State” in California Revenue and Taxation Code Section 6203 or in the definition of that phrase in California Revenue and Taxation Code Section 6203.

(Prior code § 35.016)

If a seller’s permit has been issued to a retailer under California Revenue and Taxation Code Section 6067, an additional seller’s permit shall not be required by this chapter.

(Prior code § 35.017)

A. Generally. There shall be excluded from the measure of tax:

1. The amount of any sales or use tax imposed by the state upon a retailer or consumer.

2. The storage, use or other consumption of tangible personal property, the gross receipts from the sale of which has been subject to sales tax under a sales and use tax ordinance enacted in accordance with California Revenue and Taxation Code Division 2, Part 1.5 by any City and County, County or City in this state.

3. The storage or use of tangible personal property in the transportation or transmission of persons, property or communications, or in the generation, transmission or distribution of electricity or in the manufacture, transmission or distribution of gas in intrastate, interstate, or foreign commerce by public utilities which are regulated by the Public Utilities Commission of the state.

B. Additional Exclusions and Exemptions.

1. The amount subject to tax shall not include any sales or use tax imposed by the state upon a retailer or consumer.

2. The storage, use or other consumption of tangible personal property, the gross receipts from the sale of which have been subject to tax under a sales and use tax ordinance enacted in accordance with California Revenue and Taxation Code Division 2, Part 1.5 by any City and County, County, or City in this state shall be exempt from the tax due under this chapter.

3. There are exempted from the computation of the amount of the sales tax the gross receipts from the sale of tangible personal property to the operators of aircraft to be used or consumed principally outside the City in which the sale is made and directly and exclusively in the use of such aircraft as common carriers of persons or property under the authority of the laws of this state, the United States or any foreign government.

4. In addition to the exemptions provided in California Revenue and Taxation Code Sections 6366 and 6366.1, the storage, use or other consumption of tangible personal property purchased by operators of aircraft and used or consumed by such operators directly and exclusively in the use of such aircraft as common carriers of persons or property for hire or compensation under a certificate of public convenience and necessity issued pursuant to the laws of this state, the United States, or any foreign government is exempted from the use tax.

(Prior code § 35.018)

A. Subsection B of Section 3.16.090 shall become operative on January 1st of the year following the year in which the State Board of Equalization adopts an assessment ratio for state-assessed property which is identical to the ratio which is required for local assessments by California Revenue and Taxation Code Section 401, at which time Section 3.16.090(A) shall become inoperative.

B. In the event that Section 3.16.090(B) becomes operative and the State Board of Equalization subsequently adopts an assessment ratio for the state-assessed property which is higher than the ratio which is required for local assessments by California Revenue and Taxation Code Section 401, Section 3.16.090(A) shall become operative on the first day of the month next following the month in which such higher ratio is adopted, at which time Section 3.16.090(B) shall be inoperative until the first day of the month following the month in which the Board again adopts an assessment ratio for state-assessed property which is identical to the ratio required for local assessments by California Revenue and Taxation Code Section 401, at which time Section 3.16.090(B) shall again become operative and Section 3.16.090(A) shall become inoperative.

(Prior code § 35.019)

All subsequent amendments of the California Revenue and Taxation Code which relate to the sales and use tax and which are not inconsistent with California Revenue and Taxation Code Division 2, Part 1.5 shall automatically become a part of this chapter.

(Prior code § 35.020)

No injunction or writ of mandate or other legal or equitable process shall issue in any suit, action or proceeding in any court against the state or this City, or against any officer of the state or this City to prevent or enjoin the collection under this chapter or California Revenue and Taxation Code Division 2, Part 1.5, of any tax or any amount of tax required to be collected.

(Prior code § 35.021)