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NS-2952
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Last modified
12/17/2018 10:44:08 AM
Creation date
12/17/2018 10:43:08 AM
Metadata
Fields
Template:
City Clerk
Doc Type
Ordinance
Doc #
NS-2952
Date
11/6/2018
Destruction Year
P
Document Relationships
2019-004 - Examination of Sales and Transactions and Use Tax Records
(Amended By)
Path:
\Resolutions\CITY COUNCIL\2011 -\2019
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of such property for any period of time for which the lessee is obligated to lease <br />the property for an amount fixed by a lease prior to the operative date. <br />For the purposes of subsections (3)(C) and (3)(D) of this section, storage, use, or <br />other consumption, or possession of, or exercise of any right or power over, <br />tangible personal property shall be deemed not to be obligated pursuant to a <br />contract or lease for any period of time for which any party to the contract or lease <br />has the unconditional right to terminate the contract or lease upon notice, whether <br />or not such right is exercised. <br />(4) Exemption from Collection of Use Tax. Except as provided in <br />subsection (5), a retailer engaged in business in the city shall not be required to <br />collect use tax from the purchaser of tangible personal property, unless the retailer <br />ships or delivers the property into the city or participates within the city in making <br />the sale of the property, including, but not limited to, soliciting or receiving the <br />order, either directly or indirectly, at a place of business of the retailer in the city or <br />through any representative, agent, canvasser, solicitor, subsidiary, or person in the <br />city under the authority of the retailer. <br />(5) Retailer Not Exempt from Collection of Use Tax. "A retailer engaged <br />in business in the city" shall also include any retailer of any of the following: <br />vehicles subject to registration pursuant to Chapter 1 (commencing with Section <br />4000) of Division 3 of the Vehicle Code, aircraft licensed in compliance with <br />Section 21411 of the Public Utilities Code, or undocumented vessels registered <br />under Division 3.5 (commencing with Section 9840) of the Vehicle Code. That <br />retailer shall be required to collect use tax from any purchaser who registers or <br />licenses the vehicle, vessel, or aircraft at an address in the city. <br />(6) Credit Against Use Tax for Transactions Tax Paid Elsewhere. Any <br />person subject to use tax under this chapter may credit against that tax any <br />transactions tax or reimbursement for transactions tax paid to a district imposing, <br />or retailer liable for a transactions tax pursuant to Part 1.6 of Division 2 of the <br />Revenue and Taxation Code with respect to the sale to the person of the property <br />the storage, use or other consumption of which is subject to the use tax. <br />Sec. 35-211. - Adoption of amendments to state law. <br />All amendments subsequent to the effective date of this chapter to Part 1 of <br />Division 2 of the Revenue and Taxation Code relating to sales and use taxes and <br />which are not inconsistent with Part 1.6 and Part 1.7 of Division 2 of the Revenue <br />and Taxation Code, and all amendments to Part 1.6 and Part 1.7 of Division 2 of <br />the Revenue and Taxation Code, shall automatically become a part of this article, <br />provided however, that no such amendment shall operate so as to affect the rate <br />of tax imposed by this article. <br />Sec. 35-212. - Enjoining collection prohibited. <br />No injunction or writ of mandate or other legal or equitable process shall <br />issue in any suit, action, or proceeding in any court against the State or the city, or <br />Ordinance No. NS -2952 <br />Page 6 of 8 <br />
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