SB 792: Sales and use tax: returns: online transactions: local jurisdiction schedule.
- Session Year: 2021-2022
- House: Senate
- Latest Version Date: 2021-09-14
The Sales and Use Tax Law, administered and enforced by the California Department of Tax and Fee Administration, imposes a tax on retailers measured by the gross receipts from the sale of tangible personal property sold at retail in this state or on the storage, use, or other consumption in this state of tangible personal property purchased from a retailer for storage, use, or other consumption in this state. Existing law authorizes the department to require the filing of reports by any person or class of persons with information relating to sales of tangible personal property, the storage, use, or other consumption of which is subject to the use tax, as specified. Existing law requires a retailer or purchaser subject to the sales and use tax to file, on or before the last day of the month following each quarterly period, a return for the preceding quarterly period.
This bill, for reporting periods beginning on or after January 1, 2022, would require a qualified retailer, defined as a retailer whose annual qualified sales of tangible personal property transacted online exceeded $50,000,000 for the previous calendar year, to include with each tax return a schedule that reports for each local jurisdiction the gross receipts from the qualified sale of tangible personal property shipped or delivered to a purchaser in that jurisdiction. The bill would subject a qualified retailer who fails or refuses to timely furnish that schedule to a penalty of $5,000. The bill would define terms for its purposes.
The Sales and Use Tax Law, administered and enforced by the California Department of Tax and Fee Administration, imposes a tax on retailers measured by the gross receipts from the sale of tangible personal property sold at retail in this state or on the storage, use, or other consumption in this state of tangible personal property purchased from a retailer for storage, use, or other consumption in this state. Existing law authorizes the department to require the filing of reports by any person or class of persons with information relating to sales of tangible personal property, the storage, use, or other consumption of which is subject to the use tax, as specified. Existing law requires a retailer or purchaser subject to the sales and use tax to file, on or before the last day of the month following each quarterly period, a return for the preceding quarterly period.
This bill, for reporting periods beginning on or after January 1, 2022, would require a qualified retailer, defined as a retailer whose annual qualified sales of tangible personal property transacted online exceeded $50,000,000 for the previous calendar year, to include with each tax return a schedule that reports for each local jurisdiction the gross receipts from the qualified sale of tangible personal property shipped or delivered to a purchaser in that jurisdiction. The bill would subject a qualified retailer who fails or refuses to timely furnish that schedule to a penalty of $5,000. The bill would define terms for its purposes.
The Sales and Use Tax Law, administered and enforced by the California Department of Tax and Fee Administration, imposes a tax on retailers measured by the gross receipts from the sale of tangible personal property sold at retail in this state or on the storage, use, or other consumption in this state of tangible personal property purchased from a retailer for storage, use, or other consumption in this state. Existing law authorizes the department to require the filing of reports by any person or class of persons with information relating to sales of tangible personal property property, the storage, use, or other consumption of which is subject to the use tax, as specified. Existing law requires a retailer or purchaser subject to the sales and use tax to file, on or before the last day of the month following each quarterly period, a return for the preceding quarterly period.
This bill, for reporting periods beginning on or after January 1, 2022, would require a qualified retailer retailer, defined as a retailer whose annual qualified sales of tangible personal property transacted online exceeded $1,000,000 $50,000,000 for the previous calendar year year, to include with each tax return a schedule that reports for each local jurisdiction the gross receipts from the qualified sale of tangible personal property shipped or delivered to a purchaser in that jurisdiction. The bill would subject a qualified retailer who fails or refuses to timely furnish that schedule to a penalty of $5,000. The bill would define terms for its purposes.
The Sales and Use Tax Law, administered and enforced by the California Department of Tax and Fee Administration, imposes a tax on retailers measured by the gross receipts from the sale of tangible personal property sold at retail in this state or on the storage, use, or other consumption in this state of tangible personal property purchased from a retailer for storage, use, or other consumption in this state. Existing law defines retailer to include, among others, every seller who makes a retail sale of tangible personal property and every person engaged in the business of making retail sales at auction of tangible personal property, as provided. Existing law authorizes the department to require the filing of reports by any person or class of persons with information relating to sales of tangible personal property the storage, use, or other consumption of which is subject to the use tax, as specified. Existing law requires a retailer or purchaser subject to the sales and use tax to file, on or before the last day of the month following each quarterly period, a return for the preceding quarterly period.
This bill bill, for reporting periods beginning on or after January 1, 2022, would require a qualified retailer whose annual qualified sales of tangible personal property transacted online exceeded $1,000,000 for the previous calendar year to track and report to the department the city or ZIP code where the purchaser resides for each sale within the state that is transacted online, as specified. include with each tax return a schedule that reports for each local jurisdiction the gross receipts from the qualified sale of tangible personal property shipped or delivered to a purchaser in that jurisdiction. The bill would subject a qualified retailer who fails or refuses to timely furnish that schedule to a penalty of $5,000. The bill would define terms for its purposes.
The Sales and Use Tax Law, administered and enforced by the California Department of Tax and Fee Administration, imposes a tax on retailers measured by the gross receipts from the sale of tangible personal property sold at retail in this state or on the storage, use, or other consumption in this state of tangible personal property purchased from a retailer for storage, use, or other consumption in this state. Existing law defines retailer to include, among others, every seller who makes a retail sale of tangible personal property and every person engaged in the business of making retail sales at auction of tangible personal property, as provided. Existing law authorizes the department to require the filing of reports by any person or class of persons with information relating to sales of tangible personal property the storage, use, or other consumption of which is subject to the use tax, as specified.
This bill would require a retailer whose annual sales of tangible personal property transacted online exceeded $1,000,000 for the previous calendar year to track and report to the department the city or ZIP code where the purchaser resides for each sale within the state that is transacted online, as specified.
(a)For purposes of this section, the following definitions shall apply:
(1)Local jurisdiction means the city or city and county in which the shipment or delivery address of the purchaser is located. If the purchasers shipment or delivery address is not located within a city or city and county, then local jurisdiction means the county in which the shipment or delivery address of the purchaser is located.
(2)Qualified retailer means a retailer that had qualified sales of tangible personal property transacted online that exceeded fifty million dollars ($50,000,000) in the preceding calendar year.
(3)Qualified sale means a retail sale of tangible personal property transacted online, the gross receipts from which are subject to both the sales tax imposed pursuant to Chapter 2 (commencing with Section 6051) and a local sales tax imposed in accordance with the Bradley-Burns Uniform Local Sales and Use Tax Law (Part 1.5 (commencing with Section 7200)), excluding any sale consummated at a retail store open to the public.
(b)For reporting periods beginning on or after January 1, 2022, a qualified retailer shall include with each tax return required to be filed pursuant to Section 6452 a schedule, in a form prescribed by the department, that reports for each local jurisdiction the gross receipts from the qualified sale of tangible personal property shipped or delivered to a purchaser in that jurisdiction.
(c)A sale is transacted online if both of the following conditions are met:
(1)The purchaser placed the order for the sale of tangible personal property on an internet website or web-based application that automatically processed the purchasers payment.
(2)The qualified retailer shipped or delivered the tangible personal property to an address provided by the purchaser, other than a location of the qualified retailer, pursuant to a contract of sale.
(d)A qualified retailer who fails or refuses to timely furnish a schedule required to be filed pursuant to subdivision (b) shall pay a penalty of five thousand dollars ($5,000).
(e)Except as provided in subdivision (d), a violation of this section shall not subject a person to any civil or criminal penalties pursuant to this part.
(a)For purposes of this section, the following definitions shall apply:
(1)Local jurisdiction means the city or city and county in which the shipment or delivery address of the purchaser is located. If the purchasers shipment or delivery address is not located within a city or city and county, then local jurisdiction means the county in which the shipment or delivery address of the purchaser is located.
(2)Qualified retailer means a retailer that had qualified sales of tangible personal property transacted online that exceeded fifty million dollars ($50,000,000) in the preceding calendar year.
(3)Qualified sale means a retail sale of tangible personal property transacted online, the gross receipts from which are subject to both the sales tax imposed pursuant to Chapter 2 (commencing with Section 6051) and a local sales tax imposed in accordance with the Bradley-Burns Uniform Local Sales and Use Tax Law (Part 1.5 (commencing with Section 7200)). 7200)), excluding any sale consummated at a retail store open to the public.
(b)For reporting periods beginning on or after January 1, 2022, a qualified retailer shall include with each tax return required to be filed pursuant to Section 6452 a schedule, in a form prescribed by the department, that reports for each local jurisdiction the gross receipts from the qualified sale of tangible personal property shipped or delivered to a purchaser in that jurisdiction.
(c)A qualified sale is transacted online if all both of the following conditions are met:
(1)The qualified retailer processed the purchasers order and payment for the qualified sale of tangible personal property on an internet website or web-based application.(2)The qualified retailer did not process the purchasers order and payment for the qualified sale of tangible personal property at the qualified retailers physical location that is open to the public.(1)The purchaser placed the order for the sale of tangible personal property on an internet website or web-based application that automatically processed the purchasers payment.
(3)(2)The qualified retailer shipped or delivered the tangible personal property to an address provided by the purchaser, other than a location of the qualified retailer, pursuant to a contract of sale.
(d)A qualified retailer who fails or refuses to timely furnish a schedule required to be filed pursuant to subdivision (b) shall pay a penalty of five thousand dollars ($5,000).
(e)Except as provided in subdivision (d), a violation of this section shall not subject a person to any civil or criminal penalties pursuant to this part.
(a)For purposes of this section, the following definitions shall apply:
(1)Local jurisdiction means the city or city and county in which the shipment or delivery address of the purchaser is located. If the purchasers shipment or delivery address is not located within a city or city and county, then local jurisdiction means the county in which the shipment or delivery address of the purchaser is located.
(2)Qualified retailer means a retailer that had qualified sales of tangible personal property transacted online that exceeded one fifty million dollars ($1,000,000) ($50,000,000) in the preceding calendar year.
(3)Qualified sale means a retail sale of tangible personal property transacted online, the gross receipts from which are subject to both the sales tax imposed pursuant to Chapter 2 (commencing with Section 6051) and a local sales tax imposed in accordance with the Bradley-Burns Uniform Local Sales and Use Tax Law (Part 1.5 (commencing with Section 7200)).
(b)For reporting periods beginning on or after January 1, 2022, a qualified retailer shall include with each tax return required to be filed pursuant to Section 6452 a schedule, in a form prescribed by the department, that reports for each local jurisdiction the gross receipts from the qualified sale of tangible personal property shipped or delivered to a purchaser in that jurisdiction.
(c)A qualified sale is transacted online if all of the following conditions are met:
(1)The qualified retailer processed the purchasers order and payment for the qualified sale of tangible personal property on an internet website or web-based application.
(2)The qualified retailer did not process the purchasers order and payment for the qualified sale of tangible personal property at the qualified retailers physical location that is open to the public.
(3)The qualified retailer shipped or delivered the tangible personal property to an address provided by the purchaser, other than a location of the qualified retailer, pursuant to a contract of sale.
(d)A qualified retailer who fails or refuses to timely furnish a schedule required to be filed pursuant to subdivision (b) shall pay a penalty of five thousand dollars ($5,000).
(e)Except as provided in subdivision (d), a violation of this section shall not subject a person to any civil or criminal penalties pursuant to this part.
REVISIONS: HeadingLine 4.(a)For purposes of this section, the following definitions shall apply:
(1)Local jurisdiction means the city or city and county in which the shipment or delivery address of the purchaser is located. If the purchasers shipment or delivery address is not located within a city or city and county, then local jurisdiction means the county in which the shipment or delivery address of the purchaser is located.
(2)Qualified retailer means a retailer that had qualified sales of tangible personal property transacted online that exceeded one million dollars ($1,000,000) in the preceding calendar year.
(3)Qualified sale means a retail sale of tangible personal property transacted online, the gross receipts from which are subject to both the sales tax imposed pursuant to Chapter 2 (commencing with Section 6051) and a local sales tax imposed in accordance with the Bradley-Burns Uniform Local Sales and Use Tax Law (Part 1.5 (commencing with Section 7200)).
(b)For reporting periods beginning on or after January 1, 2022, a qualified retailer shall include with each tax return required to be filed pursuant to Section 6452 a schedule, in a form prescribed by the department, that reports for each local jurisdiction the gross receipts from the qualified sale of tangible personal property shipped or delivered to a purchaser in that jurisdiction.
(c)A qualified sale is transacted online if all of the following conditions are met:
(1)The qualified retailer processed the purchasers order and payment for the qualified sale of tangible personal property on an internet website or web-based application.
(2)The qualified retailer did not process the purchasers order and payment for the qualified sale of tangible personal property at the qualified retailers physical location that is open to the public.
(3)The qualified retailer shipped or delivered the tangible personal property to an address provided by the purchaser, other than a location of the qualified retailer, pursuant to a contract of sale.
(d)A qualified retailer who fails or refuses to timely furnish a schedule required to be filed pursuant to subdivision (b) shall pay a penalty of five thousand dollars ($5,000).
(e)Except as provided in subdivision (d), a violation of this section shall not subject a person to any civil or criminal penalties pursuant to this part.
SECTION 1.Section 7055.5 is added to the Revenue and Taxation Code, to read:7055.5.(a)(1)A retailer whose annual sales of tangible personal property transacted online exceeded one million dollars ($1,000,000) for the previous calendar year shall track and report to the California Department of Tax and Fee Administration the city or ZIP code where the purchaser resides for each sale within the state that is transacted online.(2)A retailer shall report the information described in subdivision (a) on the same schedule the retailer reports sales to the department.(b)A sale is transacted online if both of the following conditions are met:(1)The purchasers order and payment for the sale and purchase of tangible personal property is transacted and completed on an internet website or web-based application.(2)The purchasers order and payment for the sale and purchase of tangible personal property is not initiated by the retailer using the retailers equipment at the retailers place of business.(c)For purposes of this section, retailer means a retailer as defined by Section 6015.(a)(1)A retailer whose annual sales of tangible personal property transacted online exceeded one million dollars ($1,000,000) for the previous calendar year shall track and report to the California Department of Tax and Fee Administration the city or ZIP code where the purchaser resides for each sale within the state that is transacted online.
(2)A retailer shall report the information described in subdivision (a) on the same schedule the retailer reports sales to the department.
(b)A sale is transacted online if both of the following conditions are met:
(1)The purchasers order and payment for the sale and purchase of tangible personal property is transacted and completed on an internet website or web-based application.
(2)The purchasers order and payment for the sale and purchase of tangible personal property is not initiated by the retailer using the retailers equipment at the retailers place of business.
(c)For purposes of this section, retailer means a retailer as defined by Section 6015.
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Date
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Status
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|---|---|
| Jan 27, 2022 | Stricken from file. |
| Oct 4, 2021 | In Senate. Consideration of Governor's veto pending. |
| Oct 4, 2021 | Vetoed by the Governor. |
| Sep 17, 2021 | Enrolled and presented to the Governor at 1:30 p.m. |
| Sep 10, 2021 | Assembly amendments concurred in. (Ayes 31. Noes 4. Page 2637.) Ordered to engrossing and enrolling. |
| Sep 10, 2021 | In Senate. Concurrence in Assembly amendments pending. |
| Sep 10, 2021 | Read third time. Passed. (Ayes 56. Noes 14. Page 3137.) Ordered to the Senate. |
| Aug 26, 2021 | Read third time and amended. |
| Aug 23, 2021 | Read second time. Ordered to third reading. |
| Aug 19, 2021 | From committee: Do pass. (Ayes 13. Noes 3.) (August 19). |
| Jul 9, 2021 | Coauthors revised. |
| Jul 8, 2021 | Read second time and amended. Re-referred to Com. on APPR. |
| Jul 7, 2021 | From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 8. Noes 3.) (July 5). |
| Jun 10, 2021 | Referred to Com. on REV. & TAX. |
| Jun 2, 2021 | In Assembly. Read first time. Held at Desk. |
| Jun 2, 2021 | Read third time. Passed. (Ayes 27. Noes 4. Page 1387.) Ordered to the Assembly. |
| May 24, 2021 | Read second time. Ordered to third reading. |
| May 20, 2021 | From committee: Do pass as amended. (Ayes 5. Noes 2. Page 1204.) (May 20). |
| May 14, 2021 | Set for hearing May 20. |
| Apr 20, 2021 | April 19 hearing: Placed on APPR suspense file. |
| Apr 6, 2021 | Set for hearing April 19. |
| Mar 25, 2021 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 4. Noes 1. Page 633.) (March 25). Re-referred to Com. on APPR. |
| Mar 17, 2021 | Set for hearing March 25. |
| Mar 3, 2021 | Referred to Com. on GOV. & F. |
| Feb 22, 2021 | Art. IV. Sec. 8(a) of the Constitution dispensed with. |
| Feb 22, 2021 | From printer. May be acted upon on or after March 24. |
| Feb 19, 2021 | Introduced. To Com. on RLS. for assignment. To print. |
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Date
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Description
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Location
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Votes
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|---|---|---|---|---|
| Sep 10, 2021 | SB 792 Glazer Senate Third Reading By Quirk | Assembly Floor |
Passed |
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| Sep 10, 2021 | Unfinished Business SB792 Glazer et al. Concurrence | Senate Floor |
Passed |
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| Jun 2, 2021 | Senate 3rd Reading SB792 Glazer et al. | Senate Floor |
Passed |
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Bill Author
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