Handbills, circulars, flyers, order forms, reply envelopes, maps or the like are component parts of a newspaper or periodical when attached to or inserted in and distributed with the newspaper or periodical.
Example 1: Newspaper publisher ABC offers a new customer a four-week unlimited digital-only subscription for a $1.00 introductory rate. After the four-week introductory period, the customer is then charged $16.00 every four weeks. In this instance, the introductory rate the customer paid is substantially less than the post-introductory rate. Therefore, the introductory subscription rate is not included in the calculation of ABC's digital-only subscription rate.
Example 2: Newspaper publisher XYZ's full print-only subscription rate is $169 for 26 weeks ($6.50 per week). XYZ offers new customers and existing monthly subscribers a promotional rate for its print-only subscription of $3.25 per week for a term of 26 weeks (a savings of 50% off the full print-only subscription rate). In this instance, the promotional rate is substantially less than the full print-only subscription rate. Therefore, the promotional subscription rate is not included in the calculation of XYZ's print-only subscription rate.
Example 3: Newspaper publisher ABC's customer Mr. Y has had a print-only subscription for the past three years for which he currently pays the full subscription rate of $5.00 per week. When Mr. Y requests to cancel his subscription, ABC offers to reduce his subscription rate to $4.25 per week (a savings of 15% off the full subscription rate he was paying), for an indefinite period. In this instance, the discounted subscription rate offered to retain Mr. Y is not substantially less than the full subscription rate. Therefore, the discounted subscription rate is included in the calculation of ABC's print-only subscription rate.
Tax does not apply to sales of tangible personal property to persons who purchase the property for incorporation as a component part of a newspaper or periodical which will be sold notwithstanding that the purchaser is not the seller of the newspaper or periodical.
See Regulation 1574 for the application of tax to sales through vending machines and Regulation 1628 for the application of tax to transportation charges.
Newspapers and periodicals distributed on a voluntary pay basis shall be considered as distributed without charge. Newspapers and periodicals are distributed on a voluntary pay basis when payment is requested from the consumer but is not required.
MSR = Mixed Newspaper Subscription Rate
NTC = Nontaxable Transportation Charges
AP= Tangible Personal Property Allocation Percentage (Decimal form)
TR = Applicable Tax Rate (Decimal form)
The following example illustrates the calculation of the measure of tax for a mixed newspaper subscription when the mixed newspaper subscription rate (including sales tax reimbursement and nontaxable transportation charges) is $100, the newspaper publisher's tangible personal property allocation percentage is 47 percent (.47), the nontaxable transportation charges are $10, and the applicable tax rate is 8 percent (.08).
..........................
Amount for the Sale of the Print Edition of the Newspaper Delivered (Including Sales Tax Reimbursement and Nontaxable Transportation Charges) ($100.00 x .47)
$ 47.00
..........................
Amount for the Sale of the Print Edition of the Newspaper Delivered Excluding Nontaxable Transportation Charges (Including Sales Tax Reimbursement) ($47.00 - $10)
$ 37.00
..........................
Measure of Tax for the Sale of the Mixed Newspaper Subscription ($37.00 / 1.08)
$ 34.26
..........................
Sales Tax Due ($34.26 x .08)
$ 2.74
..........................
Amount for the Nontaxable Sale of Access to Digital Content ($100.00 x .53)
$ 53.00
The application of tax to distributions of newspapers and periodicals by nonprofit organizations is provided in subdivision (b)(5). The application of tax to sales of periodicals by subscription is provided in subdivision (b)(3).
For purposes of this subdivision, any governmental entity established and administered for the purposes provided in Internal Revenue Code section 501(c)(3) shall be considered to be an organization that qualifies for tax exempt status under that section.
The cost of printing includes costs of tangible personal property purchased to become an ingredient or component part of the newspaper or periodical (e.g., ink and paper) and costs of labor to print the newspaper or periodical. The cost of printing does not include costs not attributable to actual printing, such as costs of special printing aids, typography, and preparation of layouts.
If the organization contracts with an outside printer to print the newspaper or periodical, the organization shall obtain and retain documentation segregating the costs of printing from the printer's other charges.
If the organization is the printer of the newspaper or periodical, the cost of printing includes the aggregate of the cost of tangible personal property purchased to become an ingredient or component part of the newspaper or periodical; labor of printing, including fringe benefits and payroll taxes; and other costs attributable to the actual printing of the newspaper or periodical.
If an organization has published the newspaper or periodical for a period exceeding twelve months and the method of printing has not changed, the organization may elect to consider the cost of printing for a reporting period to be equal to the amount paid or incurred for the same reporting period for the previous fiscal or calendar year.
Tax applies to charges for the preparation of such publications made to public or private schools, county offices of education, school districts, or student organizations by printers, engravers, photographers and the like.
Any seller claiming a transaction as exempt from sales tax pursuant to Revenue and Taxation Code sections 6362.7 or 6362.8 should timely obtain in good faith an exemption certificate in writing from the purchaser. The exemption certificate will be considered timely if obtained by the seller at any time before the seller bills the purchaser for the property, or any time within the seller's normal billing and payment cycle, or any time at or prior to delivery of the property.
Certificate A
California Sales Tax Exemption Certificate
Sales of tangible personal property for incorporation into a newspaper or periodical for sale
___________________________
(Name of Purchaser)
___________________________
(Address of Purchaser)
I HEREBY CERTIFY:
Initial one of the following:
_____ That I hold valid seller's permit No. _________________________ issued pursuant to the Sales and Use Tax Law.
_____ That I do not hold a seller's permit issued pursuant to the Sales and Use Tax Law. I do not sell any tangible personal property for which a permit is required.
I further certify that the tangible personal property described herein which I shall purchase from
___________________________
(Name of Vendor)
will become a component part of the newspaper or periodical
_
(Name and Type of Newspaper or Periodical)
and sold as a component part of the publication.
I understand that in the event any such property is sold or used other than as specified above or used other than for retention, demonstration, or display while holding it for sale in the regular course of business, I am required by the Sales and Use Tax Law to report and pay any applicable sales or use tax. Description of the property to be purchased:
___________________________
___________________________
___________________________Date: | |
___________________________ | |
(Signature of Purchaser or Authorized Agent) | |
___________________________ | |
(Title) |
Certificate B
California Sales Tax Exemption Certificate
Sales of tangible personal property which becomes an ingredient or component part of newspapers or periodicals that are distributed without charge
___________________________
(Name of Purchaser)
___________________________
(Address of Purchaser)
I HEREBY CERTIFY:
Initial one of the following:
_____ That I hold valid seller's permit No. _________________________ issued pursuant to the Sales and Use Tax Law.
_____ That I do not hold a seller's permit issued pursuant to the Sales and Use Tax Law. I do not sell any tangible personal property for which a permit is required.
I further certify that I am engaged in the business of publishing
___________________________
(Name and Type of Newspaper or Periodical)
which is regularly issued at average intervals not exceeding three months and distributed without charge by me. The tangible personal property described herein which I shall purchase from
___________________________
(Name of Vendor)
will become a component part of the publication listed above. I understand that if I use any of the property purchased for any other purpose I am required by the Sales and Use Tax Law to report and pay any applicable sales and use tax, measured by the purchase price of such property.
Description of property to be purchased:
___________________________
___________________________
___________________________Date: | |
___________________________ | |
(Signature of Purchaser or Authorized Agent) | |
___________________________ | |
(Title) |
Certificate C
California Sales Tax Exemption Certificate
Sales of tangible personal property that becomes an ingredient or component of newspapers or periodicals that are distributed by organizations which qualify for tax-exempt status under Internal Revenue Code section 501(c)(3)
___________________________
(Name of Purchaser)
___________________________
(Address of Purchaser)
I HEREBY CERTIFY:
Initial one of the following:
_____ That the purchaser holds valid seller's permit No. _______________ issued pursuant to the Sales and Use Tax Law.
_____ That the purchaser does not hold a seller's permit issued pursuant to the Sales and Use Tax Law. The purchaser does not sell any tangible personal property for which a permit is required.
I further certify that the purchaser is an organization that qualifies for tax-exempt status under section 501(c)(3) of the Internal Revenue Code and is engaged in the business of selling or publishing
___________________________
(Name and Type of Newspaper or Periodical)
which is regularly issued at average intervals not exceeding three months.
The tangible personal property described herein which I shall purchase from _____________________________________________ (Name of Vendor)
will be resold in the form of tangible personal property or will become a component part of a newspaper or periodical distributed by the organization and (check one or both):
_____ The organization will distribute the newspaper or periodical to the members of the organization in consideration of payment of the organization's membership fee or to the organization's contributors.
_____ The publication does not receive revenue from or accept any commercial advertising.
I understand that in the event any such property is sold or used other than as specified above or used other than for retention, demonstration, or display while holding it for sale in the regular course of business, I am required by the Sales and Use Tax Law to report and pay any applicable sales or use tax. Description of the property to be purchased: ____________________________________________________________
___________________________Date: | |
___________________________ | |
(Signature of Purchaser or Authorized Agent) | |
___________________________ | |
(Title) |
Certificate D
California Sales Tax Exemption Certificate
Sales of tangible personal property which becomes an ingredient or component part of newspapers or periodicals that are distributed by nonprofit organizations
___________________________
(Name of Purchaser)
___________________________
(Address of Purchaser)
I HEREBY CERTIFY:
Initial one of the following:
_____ That the purchaser holds valid seller's permit No. _______________ issued pursuant to the Sales and Use Tax Law.
_____ That the purchaser does not hold a seller's permit issued pursuant to the Sales and Use Tax Law. The purchaser does not sell any tangible personal property for which a permit is required.
I further certify that the purchaser is a nonprofit organization which is engaged in the business of selling or publishing
_____________________________________________
(Name and Type of Newspaper or Periodical)
which is regularly issued at average intervals not exceeding three months.
The tangible personal property described herein which I shall purchase from _____________________________________________ (Name of Vendor)
will be resold by the organization in the form of tangible personal property or will become a component part of a newspaper or periodical distributed by the organization and both of the following apply:
I understand that in the event any of such property is sold or used other than as specified above or used other than for retention, demonstration, or display while holding it for sale in the regular course of business, I am required by the Sales and Use Tax Law to report and pay any applicable sales or use tax. Description of property to be purchased: ____________________________________________________________
___________________________Date: | |
___________________________ | |
(Signature of Purchaser or Authorized Agent) | |
___________________________ | |
(Title) |
This definition is based upon Houghton v. Payne (1904) 194 U. S. 88 [48 L.Ed 888] and Business Statistics Organization, Inc. v. Joseph (1949) 299 N.Y. 443 [87 N.E.2d 505].
Cal. Code Regs. Tit. 18, § 1590
2. Amendment of subsection (a)(2) filed 2-13-75; effective thirtieth day thereafter (Register 75, No. 7).
3. Amendment of subsection (b)(2) filed 12-20-77; effective thirtieth day thereafter (Register 77, No. 52).
4. Amendment of subsections (a)(2), (b)(2) and (c)(2) filed 5-8-89; operative 6-7-89 (Register 89, No. 19).
5. Amendment of subsections (a) and (b) and repealer of subsections (c) and (d) filed 8-30-91 as an emergency; operative 8-30-91 (Register 92, No. 7). A Certificate of Compliance must be transmitted to OAL 12-30-91 or emergency language will be repealed by operation of law on the following day.
6. Repealer of emergency amendments filed 8-30-91 and reinstatement of prior text filed 9-22-92 by operation of Government Code section 11346.1(f) (Register 92, No. 40).
7. Amendment of subsections (a)(2)-(3), new subsections (a)(4)-(7), amendment of subsection (b)(1), new subsections (b)(2)-(8), redesignation and amendment of subsection (b)(2) to subsection (b)(9), repealer of subsections (c)-(d) and new subsections (c)-(c)(4), and amendment of footnote 1 and NOTE filed 8-5-94; operative 9-6-94 (Register 94, No. 31).
8. Editorial correction amending subsections (a)(2), (a)(7), (b)(3), (b)(5)(B)2., (b)(8), (b)(9) and (c)(4) (Register 94, No. 39).
9. Amendment of section and NOTE filed 8-16-2016; operative 10-1-2016 (Register 2016, No. 34).
10. Editorial correction of subsections (b)(3)(A) and Certificates A and B (Register 2021, No. 50).
11. Amendment filed 12-6-2021; operative 12-6-2021. Submitted to OAL for filing and printing only pursuant to Government Code section 15570.40(b) (Register 2021, No. 50).
Note: Authority cited: Section 7051, Revenue and Taxation Code; and Sections 15570.22 and 15570.24, Government Code. Reference: Sections 6005, 6006, 6007, 6010, 6015, 6361.5, 6362.7 and 6362.8, Revenue and Taxation Code.
2. Amendment of subsection (a)(2) filed 2-13-75; effective thirtieth day thereafter (Register 75, No. 7).
3. Amendment of subsection (b)(2) filed 12-20-77; effective thirtieth day thereafter (Register 77, No. 52).
4. Amendment of subsections (a)(2), (b)(2) and (c)(2) filed 5-8-89; operative 6-7-89 (Register 89, No. 19).
5. Amendment of subsections (a) and (b) and repealer of subsections (c) and (d) filed 8-30-91 as an emergency; operative 8-30-91 (Register 92, No. 7). A Certificate of Compliance must be transmitted to OAL 12-30-91 or emergency language will be repealed by operation of law on the following day.
6. Repealer of emergency amendments filed 8-30-91 and reinstatement of prior text filed 9-22-92 by operation of Government Code section 11346.1(f) (Register 92, No. 40).
7. Amendment of subsections (a)(2)-(3), new subsections (a)(4)-(7), amendment of subsection (b)(1), new subsections (b)(2)-(8), redesignation and amendment of subsection (b)(2) to subsection (b)(9), repealer of subsections (c)-(d) and new subsections (c)-(c)(4), and amendment of footnote 1 and Note filed 8-5-94; operative 9-6-94 (Register 94, No. 31).
8. Editorial correction amending subsections (a)(2), (a)(7), (b)(3), (b)(5)(B)2., (b)(8), (b)(9) and (c)(4) (Register 94, No. 39).
9. Amendment of section and Note filed 8-16-2016; operative 10/1/2016 (Register 2016, No. 34).
10. Editorial correction of subsections (b)(3)(A) and Certificates A and B (Register 2021, No. 50).
11. Amendment filed 12-6-2021; operative 12/6/2021. Submitted to OAL for filing and printing only pursuant to Government Code section 15570.40(b) (Register 2021, No. 50).