Section 38211 Of Article 8. Transfers Of Title Or Interest From California Vehicle Code >> Division 16.5. >> Chapter 2. >> Article 8.
38211
. (a) The department shall withhold identification of or the
transfer of ownership of any vehicle subject to identification under
this division until the applicant pays to the department the use tax
measured by the sales price of the vehicle as required by the Sales
and Use Tax Law, together with penalty, if any, unless the purchaser
presents evidence on a form prescribed by the State Board of
Equalization that sales tax will be paid by the seller or that use
tax has been collected by the seller or that the State Board of
Equalization finds that no use tax is due. If the applicant so
desires, he may pay the use tax and penalty, if any, to the
department so as to secure immediate action upon his application for
identification or transfer of ownership, and thereafter he may apply
through the Department of Motor Vehicles to the State Board of
Equalization under the provisions of the Sales and Use Tax Law for a
refund of the amount so paid.
(b) The department shall transmit to the State Board of
Equalization all collections of use tax and penalty made under this
section. This transmittal shall be made at least monthly, accompanied
by a schedule in such form as the department and board may
prescribe.
(c) The State Board of Equalization shall reimburse the department
for its costs incurred in carrying out the provisions of this
section. Such reimbursement shall be effected under agreement between
the agencies, approved by the Department of Finance.
(d) In computing any use tax or penalty thereon under the
provisions of this section dollar fractions shall be disregarded in
the manner specified in Section 9559 of this code. Payment of tax and
penalty on this basis shall be deemed full compliance with the
requirements of the Sales and Use Tax Law insofar as they are
applicable to the use of vehicles to which this section relates.