Section 9928 Of Chapter 3. Transfer Of Title Or Interest In Undocumented Vessel From California Vehicle Code >> Division 3.5. >> Chapter 3.
9928
. The department shall withhold the certificate of number or
the transfer of registration of any vessel sold at retail to any
applicant by any person other than a person holding a seller's permit
pursuant to Section 6066 of the Revenue and Taxation Code, and
regularly engaged in the business of selling vessels, until the
applicant pays to the department the use tax measured by the sales
price of the vessel as required by the Sales and Use Tax Law,
together with penalty, if any, unless 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 registration or
transfer of registration 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 the 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.
(d) In computing any use tax or penalty thereon under the
provisions of the section, dollar fractions shall be disregarded in
the manner specified in Section 9559. 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 vessels to which this section relates.
(e) The department and the State Board of Equalization shall enter
into an agreement for the collection of the use tax pursuant to this
section and Section 6294 of the Revenue and Taxation Code. The
agreement shall specify the procedures agreed upon by the department
and the board for collection of the tax and the reimbursement
provided for in subdivision (c). The agreement shall be approved by
the Department of Finance.