Section 6012.8 Of Chapter 1. General Provisions And Definitions From California Revenue And Taxation Code >> Division 2. >> Part 1. >> Chapter 1.
6012.8
. (a) For the purposes of this part, "gross receipts" from
the sale of a new mobilehome, and the "sales price" of a new
mobilehome sold or stored, used, or otherwise consumed in this state
shall be 75 percent of the sales price of the mobilehome to the
retailer, if the mobilehome is sold by the retailer to the purchaser
for installation on a foundation system pursuant to Section 18551 of
the Health and Safety Code for occupancy as a residence, and is
thereafter subject to property taxation. The retailer shall be
considered to be the consumer for purposes of this part if the sale
by the retailer would otherwise have been subject to sales tax and if
the retailer is not also the manufacturer of the mobilehome. If the
retailer of the mobilehome is the manufacturer, tax shall be measured
by an amount equal to 75 percent of the sales price at which a
similar mobilehome ready for installation would be sold by the
manufacturer to a retailer-consumer in this state.
Notwithstanding any other provision of this part, a retailer may
give a resale certificate for the purchase by the retailer of such a
mobilehome and shall report the gross receipts or sales price from
the purchase with the return for the period during which the
mobilehome is sold to the purchaser for installation for occupancy as
a residence.
Notwithstanding any other provision of this part, any retailer who
is a licensed mobilehome dealer under Section 18002.6 of the Health
and Safety Code is a retailer-consumer regardless of whether or not
it installs the mobilehome on a foundation system as an improvement
to realty. The licensed dealer may give a resale certificate for the
purchase of such a mobilehome, and shall report the gross receipts or
sales price from the purchase with the return for the period during
which the mobilehome is installed by the licensed dealer for
occupancy as a residence.
(b) For purposes of this section, a "mobilehome" is defined in
Sections 18008 and 18211 of the Health and Safety Code.
(c) If a purchaser certifies in writing to a retailer that the
mobilehome purchased will be consumed in a manner or for a purpose
entitling the retailer to exclude 25 percent of the gross receipts or
sales price to the retailer from the measure of tax, and uses the
property in some other manner or for some other purpose which would
not be subject to any other exclusion or exemption under this part,
the purchaser shall be liable for payment of tax measured by the
amount of the sales price to the purchaser less an amount equal to 75
percent of the gross receipts or sales price of the mobilehome to
the retailer.
(d) There are exempted from the taxes imposed by this part, the
gross receipts from the sale of, and the storage, use, or other
consumption in this state of any used mobilehome, the initial retail
sale of which qualified for the partial exemption from tax provided
for by this section.