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Business Taxes Law Guide—Revision 2024

Sales and Use Tax Annotations


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E


220.0000 "Engaged in Business"

Annotation 220.0140


220.0140 Lessors. The purpose of the addition of subsection (c) to section 6203 was to require the collection of the use tax by an out-of-state lessor on leases of tangible personal property in this state where the lessor did not otherwise qualify as "engaged in business in this state" under section 6203(a) or (b). Where the lessor's connection with this state is solely that of leasing tangible personal property, he is responsible for collection of the use tax only with respect to leased property physically located in this state. The mere presence of the leased property in this state does not constitute the requisite nexus with respect to sales in interstate commerce, made by the out-of-state lessor to California customers. 1/21/69.