Section 6356.5 Of Article 1. General Exemptions From California Revenue And Taxation Code >> Division 2. >> Part 1. >> Chapter 4. >> Article 1.
6356.5
. (a) There are exempted from the taxes imposed by this part
the gross receipts from the sale of, and the storage and use of, or
other consumption in this state of, farm equipment and machinery, and
the parts thereof, purchased for use by a qualified person to be
used primarily in producing and harvesting agricultural products.
(b) For purposes of this section, both of the following shall
apply:
(1) "Qualified person" means any person engaged in a line of
business described in Codes 0111 to 0291, inclusive, of the Standard
Industrial Classification Manual published by the United States
Office of Management and Budget, 1987 Edition, and any other person
that uses farm equipment and machinery to assist this person in the
lines of business described in this paragraph in producing and
harvesting agricultural products.
(2) "Farm equipment and machinery" means implements of husbandry,
as defined in Section 411.
(c) (1) Notwithstanding any provision of the Bradley-Burns Uniform
Local Sales and Use Tax Law (Part 1.5 (commencing with Section
7200)) or the Transactions and Use Tax Law (Part 1.6 (commencing with
Section 7251)), the exemption established by this section does not
apply with respect to any tax levied by a county, city, or district
pursuant to, or in accordance with, either of those laws.
(2) Notwithstanding subdivision (a), the exemption established by
this section does not apply with respect to any tax levied pursuant
to Sections 6051.2 and 6201.2, or pursuant to Section 35 of Article
XIII of the California Constitution.
(d) The exemption provided by this section shall be effective
starting September 1, 2001.