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[answered] A. What is the basis for applying the Sales Tax, and who is


A. What is the basis for applying the Sales Tax, and who is primarily responsible?

B. What is the basis for applying the Use Tax and who is generally responsible?

C. Tesler Inc. in Los Angeles has been manufacturing e-autos for 5 years. Tesler bought new tooling and machinery for $ 500,000 for use in its plant, from GM in Detroit and gave GM a resale certificate. Tesler takes an order from Calvin, a known California resident, to build a twin engine e-auto for $1,000,000. Calvin plans to use the e-auto mainly in Canada.

*CA Sales and Use Tax Section 6247 presumes that use will be made in CA whenever a seller makes a sale in interstate commerce to a known CA resident, and the sales tax applies unless the seller obtains a statement in writing from the buyer stating that the item bought is for use at the shipping destination.

 


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