Section 6012.2 Of Chapter 1. General Provisions And Definitions From California Revenue And Taxation Code >> Division 2. >> Part 1. >> Chapter 1.
6012.2
. (a) For purposes of this part, "gross receipts" from the
sale of a used mobilehome, as defined in Section 18014 of the Health
and Safety Code, and the "sales price" of a used mobilehome, sold or
stored, used, or otherwise consumed in this state shall be based on
the current value of the used mobilehome as specified by a recognized
value guide, whenever a registered or legal owner sells a used
mobilehome through a person licensed under the Health and Safety Code
as a dealer and not on the dealer's own account or through a
licensed real estate broker acting pursuant to Section 10131.6 of the
Business and Professions Code, or whenever a purchaser of a used
mobilehome is required to pay the use tax to the Department of
Housing and Community Development. If the value guide does not
specify the model or manufacturer of a used mobilehome, the value of
the used mobilehome shall be established by reference to the highest
value in the value guide according to age and size or the actual
sales price, whichever is less. If the actual sales price of a used
mobilehome is less than the current value specified in the value
guide, the "sales price" and "gross receipts" shall be based on the
actual sales price of the mobilehome as evidenced by purchase
documents. The State Board of Equalization shall approve the value
guides for use within this state through regulation.
(b) For the purposes of this part, "gross receipts" from the sale
of a mobilehome, whether new or used, shall exclude the amount of
separately stated escrow fees on the sale of such mobilehome.
(c) For the purposes of this section, the "actual sales price"
means the total contract price, including, but not limited to, the
value of the mobilehome, in place location, awning, skirting,
carport, patio, landscaping, shrubs, unattached furnishings, or other
items not part of the mobilehome, and documentation fees.