Laws, Regulations and Annotations
Business Taxes Law Guide – Revision 2022
Sales And Use Tax Law
Revenue and Taxation Code
Division 2. Other Taxes
Part 1. Sales and Use Taxes
Chapter 1. General Provisions and Definitions
6010.15. "Sale" and "purchase"; pawnbroker. (a) "Sale" and "purchase" for the purposes of this part do not include the transfer of title to vested property by a pawnbroker to a person who pledged the property to the pawnbroker as security for a loan and from whom title to the property transferred to the pawnbroker pursuant to Section 21201 of the Financial Code, if all of the following requirements are met:
(1) The transfer occurs no more than six months after title to the property transferred to the pawnbroker from the person pursuant to Section 21201 of the Financial Code.
(2) As consideration for the transfer of the property, the person is required to pay the pawnbroker only the remaining unpaid balance of the loan, including accrued charges and interest, as of the date the pawnbroker becomes vested with title to the property, together with one of the following:
(A) For an original loan amount not exceeding two thousand four hundred ninety-nine dollars and ninety-nine cents ($2,499.99), charges and interest allowable under the loan pursuant to Chapter 2 (commencing with Section 21200) of Division 8 of the Financial Code, from the date the pawnbroker is vested with title to the property to the date of the transfer to the person who pledged the property.
(B) For an original loan amount of two thousand five hundred dollars ($2,500) or more, charges and interest due in accordance with the last monthly contractual interest rate, from the date the pawnbroker is vested with title to the property until the date of the transfer to the person who pledged the property.
(3) The person has proof, such as a receipt or similar document provided to the purchaser, that the person originally paid sales tax on the item.
(b) As used in this section:
(1) "Pawnbroker" has the meaning described in Section 21000 of the Financial Code.
(2) "Vested property" has the meaning described in subdivision (b) of Section 21002 of the Financial Code.
(c) This section shall become inoperative and shall be repealed on January 1, 2027.
History—Added by Stats. 2017, Ch. 21 (AB 119), in effect June 27, 2017. Amended by Stats. 2021, Ch. 164 (AB 296), in effect September 16, 2021, substituted "inoperative on January 1, 2027" for "inoperative and shall be repealed on January 1, 2022".
Note.—Section 2 of Stats. 2021, Ch. 164 (AB 296) specifies:
SEC. 2. For purposes of Section 41 of the Revenue and Taxation Code, with respect to the sales and use tax exclusion created by the amendments to Section 6010.15 of the Revenue and Taxation Code by this act, the Legislature finds and declares the following:
(a) The specific goals, purposes, and objectives of this act are to prevent a customer from paying double sales tax when redeeming the customer’s property from a pawnbroker.
(b) The performance indicators and data collection requirements to enable the Legislature to determine if the tax exclusion is meeting, failing to meet, or exceeding its specified goals, purposes, and the objectives are the California Department of Tax and Fee Administration’s estimate of utilization.