Tulare Municipal Code Ch. 5.78 Transactions and Use Tax for General Purposes

This chapter shall be known as the “Transactions and Use Tax for General Purposes Ordinance”. The City of Tulare shall hereinafter be called “city”. This ordinance shall be applicable in the incorporated territory of the city. This chapter of the Tulare Municipal Code has been adopted for the following (and other) purposes, and directs that the provisions hereof be interpreted in order to accomplish those purposes:

(A) To impose a retail transactions and use tax in accordance with the provisions of Cal. Revenue and Taxation Code Part 1.6 (commencing with § 7251) of Division 2 and § 7285.9 of Part 1.7 of Division 2 which authorizes the city to adopt this chapter which shall be operative if a majority of the electors voting on the measure vote to approve the imposition of the tax at an election called for that purpose;

(B) To adopt a retail transactions and use tax ordinance that incorporates provisions identical to those of the Sales and Use Tax Law of the State of California insofar as those provisions are not inconsistent with the requirements and limitations contained in Cal. Revenue and Taxation Code Part 1.6 of Division 2;

(C) To adopt a retail transactions and use tax ordinance that imposes a tax and provides a measure therefor that can be administered and collected by the state’s Board of Equalization in a manner that adapts itself as fully as practical to, and requires the least possible deviation from, the existing statutory and administrative procedures followed by the state’s Board of Equalization in administering and collecting the California State Transactions and Use Taxes;

(D) To adopt a retail transactions and use tax ordinance that can be administered in a manner that will, to the degree possible consistent with the provisions of Cal. Revenue and Taxation Code Parts 1.6 and 1.7 of Division 2, minimize the cost of collecting city transactions and use taxes, and at the same time, minimize the burden of record keeping upon persons subject to taxation under the provisions thereof; and

(E) To provide a source of revenue to be used by the city for general purposes. There shall be no legal obligation created by this chapter for use of the funds for specific purposes.

(1995 Code, § 5.78.010) (Ord. 05-1996, passed - -2005)

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

OPERATIVE DATE. The first day of the first calendar quarter commencing more than 110 days after the adoption of this chapter, the date of such adoption being set forth below.

(1995 Code, § 5.78.020) (Ord. 05-1996, passed - -2005)

Prior to the operative date, the city shall contract with the state’s Board of Equalization to perform all functions incident to the administration and operation hereof. If the city has not contracted with the state’s Board of Equalization prior to the operative date, it shall nevertheless so contract and in such a case the operative date shall be the first day of the first calendar quarter following the execution of such a contract. The Council may make any technical amendments to this chapter required by the state’s Board of Equalization, except for any changes affecting the tax rate, its manner of collection, or the purpose for which the revenue from the tax may be used.

(1995 Code, § 5.78.030) (Ord. 05-1996, passed - -2005)

For the privilege of selling tangible personal property at retail, a tax is hereby imposed upon all retailers in the incorporated territory of the city at the rate of 0.5% of the gross receipts of any retailer from the sale of all tangible personal property sold at retail in the City of Tulare on and after the operative date of this chapter. The City Council is authorized to establish a tax rate of 0.5% by resolution. This tax is imposed in addition to the tax imposed pursuant to Chapter 5.08 of this code. The City Council may, by resolution after public notice and public hearing, reduce the tax to 0.25%.

(1995 Code, § 5.78.040) (Ord. 05-1996, passed - -2005)

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 his 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 Board of Equalization.

(1995 Code, § 5.78.050) (Ord. 05-1996, passed - -2005)

An excise tax is hereby imposed on the storage, use or other consumption in the City of Tulare of tangible personal property purchased from any retailer on or after the operative date of this chapter, at the rate of 0.50% of the sales price of the property subject to the tax. The sales price shall include delivery charges when the charges are subject to state transactions or use tax regardless of the place to which delivery is made. The City Council is authorized to establish a tax rate of 0.5% by resolution. The tax imposed is in addition to the tax imposed pursuant to Chapter 5.08 of this code. The City Council may, by resolution after public notice and public hearing, reduce the tax to 0.25%.

(1995 Code, § 5.78.060) (Ord. 05-1996, passed - -2005)

Except as hereinafter provided, and except insofar as they are inconsistent with the provisions of Cal. Revenue and Taxation Code Parts 1.6 and 1.7 of Division 2, all of the provisions of Part 1 of Division 2 of the code, as amended and in force and effect on the operative date of this chapter, applicable to use taxes are hereby adopted and made a part of this section as though fully set forth herein.

(1995 Code, § 5.78.070) (Ord. 05-1996, passed - -2005)

In adopting the provisions of Cal. Revenue and Taxation Code Part 1 of Division 2:

(A) Wherever the State of California is named or referred to as the taxing agency, the name of this city shall be substituted therefor. However, the substitution shall not be made when:

(1) The word “State” is used as a part of the title of the State Controller, State Treasurer, State Board of Control, State Board of Equalization, State Treasury or the Constitution of the State of California;

(2) The result of that substitution would require action to be taken by or against this city or any agency, officer or employee thereof rather than by or against the state’s Board of Equalization, in performing the functions incident to the administration or operation of this chapter.

(3) In those sections, including, but not necessarily limited to sections referring to the exterior boundaries of the State of California, where the result of the substitution would be to: provide an exemption from this tax with respect to certain sales, storage, use or other consumption of tangible personal property which would not otherwise be exempt from this tax while such sales, storage, use or other consumption remain subject to tax by the state under the provisions of Cal. Revenue and Taxation Code Part 1 of Division 2; or 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 provision of that code.

(4) In Cal. Revenue and Taxation Code §§ 6701, 6702 (except in the last sentence thereof), 6711, 6715, 6737, 6797 or 6828.

(B) The word “city” shall be substituted for the word “state” in the phrase “retailer engaged in business in this state” in § 6203 and in the definition of that phrase in § 6203.

(1995 Code, § 5.78.080) (Ord. 05-1996, passed - -2005)

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

(1995 Code, § 5.78.090) (Ord. 05-1996, passed - -2005)

(A) There shall be excluded from the measure of the transactions tax and the use tax the amount of any sales tax or use tax imposed by the State of California or by any city, city and county, or county pursuant to the Bradley-Burns Uniform Local Sales and Use Tax Law or the amount of any state-administered transactions or use tax.

(B) There are exempted from the computation of the amount of transactions tax the gross receipts from:

(1) Sales of tangible personal property, other than fuel or petroleum products, to operators of aircraft to be used or consumed principally outside the county 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.

(2) Sales of property to be used outside the city which is shipped to a point outside the city, pursuant to the contract of sale, by delivery to the point by the retailer or his or her agent, or by delivery by the retailer to a carrier for shipment to a consignee at such point. For the purposes of this division, delivery to a point outside the city shall be satisfied:

(a) With respect to vehicles (other than commercial vehicles) subject to registration pursuant to Cal. Vehicle Code Chapter 1 (commencing with § 4000) of Division 3, aircraft licensed in compliance with Cal. Public Utilities Code § 21411, and undocumented vessels registered under Cal. Vehicle Code Chapter 2 of Division 3.5 (commencing with § 9840) by registration to an out-of-city address and by a declaration under penalty of perjury, signed by the buyer, stating that the address is, in fact, his or her principal place of residence; and

(b) With respect to commercial vehicles, by registration to a place of business out-of-city and declaration under penalty of perjury, signed by the buyer, that the vehicle will be operated from that address.

(3) The sale of tangible personal property if the seller is obligated to furnish the property for a fixed price pursuant to a contract entered into prior to the operative date of this chapter.

(4) A lease of tangible personal property which is a continuing sale of such property, for any period of time for which the lessor is obligated to lease the property for an amount fixed by the lease prior to the operative date of this chapter.

(5) For the purposes of divisions (B)(3) and (4) of this section, the sale or lease of tangible personal property shall be deemed not to be obligated pursuant to a contract or lease for any period of time for which any party to the contract or lease has the unconditional right to terminate the contract or lease upon notice, whether or not the right is exercised.

(C) There are exempted from the use tax imposed by this chapter, the storage, use or other consumption in this city of tangible personal property:

(1) The gross receipts from the sale of which have been subject to a transactions tax under any state-administered transactions and use tax ordinance.

(2) Other than fuel or petroleum products purchased by operators of aircraft and used or consumed by the operators directly and exclusively in the use of the 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. This exemption is in addition to the exemptions provided in Cal. Revenue and Taxation Code §§ 6366 and 6366.1.

(3) If the purchaser is obligated to purchase the property for a fixed price pursuant to a contact entered into prior to the operative date of this chapter.

(4) If the possession of, or the exercise of any right or power over, the tangible personal property arises under a lease which is continuing purchase of the property for any period of time for which the lessee is obligated to lease the property for an amount fixed by a lease prior to the operative date of this chapter.

(5) For the purposes of divisions (B)(3) and (4) of this section, storage, use or other consumption, or possession of, or exercise of any right or power over, tangible personal property shall be deemed not to be obligated pursuant to a contract or lease for any period of time for which any party to the contract or lease has the unconditional right to terminate the contract or lease upon notice, whether or not such right is exercised.

(6) Except as provided in division (B)(7), a retailer engaged in business in the city shall not be required to collect use tax from the purchaser of tangible personal property, unless the retailer ships or delivers the property into the city or participates within the city in making the sale of the property, including, but not limited to, soliciting or receiving the order, either directly or indirectly, at a place of business of the retailer in the city or through any representative, agent, canvasser, solicitor, subsidiary or person in the city under the authority of the retailer.

(7) A retailer engaged in business in the city shall also include any retailer of any of the following: vehicles subject to registration pursuant to Cal. Vehicle Code Chapter 1 (commencing with § 4000) of Division 3, aircraft licensed in compliance with Cal. Public Utilities Code § 21411, or undocumented vessels registered under Cal. Vehicle Code Chapter 2 of Division 3.5 (commencing with § 9840). That retailer shall be required to collect use tax from any purchaser who registers or licenses the vehicle, vessel, or aircraft at an address in the city.

(D) Any person subject to use tax under this chapter may credit against that tax any transactions tax or reimbursement for transactions tax paid to a district imposing, or retailer liable for a transactions tax pursuant to Cal. Revenue and Taxation Code Part 1.6 of Division 2 with respect to the sale to the person of the property the storage, use or other consumption of which is subject to the use tax.

(1995 Code, § 5.78.100) (Ord. 05-1996, passed - -2005)

All amendments subsequent to the operative date of this chapter to Cal. Revenue and Taxation Code Part 1 of Division 2 relating to sales and use taxes and which are not inconsistent with Cal. Revenue and Taxation Code Part 1.6 and Part 1.7 of Division 2, and all amendments to Cal. Revenue and Taxation Code Part 1.6 and Part 1.7 of Division 2, shall automatically become a part of this chapter, provided however, that no such amendment shall operate so as to affect the rate of tax imposed by this chapter. If any provision of this chapter or the application thereof to any person or circumstances is held invalid, the remainder of the chapter and the application of such provision to other persons or circumstances shall not be affected thereby.

(1995 Code, § 5.78.110) (Ord. 05-1996, passed - -2005)

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 hereunder, or Cal. Revenue and Taxation Code Parts 1.6 and 1.7 of Division 2, of any tax or any amount of tax required to be collected.

(1995 Code, § 5.78.120) (Ord. 05-1996, passed - -2005)