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SANTA CLARA COUNTY CODE OF ORDINANCES: Sec. A30-14. Sales tax imposed.

Copyrighted by SANTA CLARA COUNTY CODE & Municipal Code Corporation, 1998.

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Sec. A30-14. Sales tax imposed.

(a) For the privilege of selling tangible personal property at retail a tax is hereby imposed upon all retailers in the County at the rate of one percent of the gross receipts of the retailer from the sale of all tangible personal property sold at retail in the County of Santa Clara on and after October 1, 1956, to and including June 30, 1972, and at the rate of 1 1/4 percent thereafter.

(b) For the purpose of this chapter, all retail sales are consummated at the place of business of the retailer unless the tangible personal property sold is delivered by the retailer or his agent to an out-of-state destination or to a common carrier for delivery to an out-of-state destination. The gross receipts from such sales shall include delivery charges, when such charges are subject to the state sales and use tax, regardless of the place to which delivery is made. In the event a retailer has no permanent place of business in the State or has more than one place of business, the place or places at which the retail sales are consummated shall be determined under rules and regulations to be prescribed and adopted by the Board of Equalization.

(b) (1) Except as hereinafter provided, and except insofar as they are inconsistent with the provisions of Part 1.5 of Division 2 of the Revenue and Taxation Code of the State of California (Revenue and Taxation Code § 7500 et seq.), all of the provisions of Part 1 of Division 2 of said code (Revenue and Taxation Code § 6000 et seq.), as amended and in force and effect on April 1, 1956, applicable to sales taxes are hereby adopted and made a part of this section as though fully set forth herein.

(b) (2) Wherever, and to the extent that, in Part 1 of Division 2 of the Revenue and Taxation Code (Revenue and Taxation Code § 6000 et seq.) the State of California is named or referred to as the taxing agency, the County of Santa Clara shall be substituted therefor. Nothing in this subdivision shall be deemed to require the substitution of the name of the County of Santa Clara for the word "State" when that word is used as part of the title of the State Controller, State Treasurer, the State Board of Control, the State Board of Equalization, of the name of the State Treasury, or of the constitution of the State of California; nor shall the name of the County be substituted for that of the State in any section when the result of that substitution would require action to be taken by or against the County or any agency thereof, rather than by or against the State Board of Equalization, in performing the functions incident to the administration or operation of this chapter; and neither shall the substitution be deemed to have been made in those sections, including, but not necessarily limited to, sections referring to the exterior boundaries of the State of California, where the result of the substitution would be to provide an exemption from this tax with respect to certain gross receipts which would not otherwise be exempt from this tax while those gross receipts remain subject to tax by the State under the provisions of Part 1 of Division 2 of the Revenue and Taxation Code (Revenue and Taxation Code § 6000 et seq.); nor to impose this tax with respect to certain gross receipts which would not be subject to tax by the State under the said provisions of that code; and, in addition, the name of the County shall not be substituted for that of the State in Revenue and Taxation Code §§ 6701, 6702, except in the last sentence thereof, 6711, 6715, 6737, 6797 and 6826 as adopted.

(b) (3) If a seller's permit has been issued to a retailer under Revenue and Taxation Code § 6067, an additional seller's permit shall not be required by reason of this section.

(b) (4) There shall be excluded from the gross receipts by which the tax is measured:

(1) The amount of any sales or use tax imposed by the State of California upon a retailer or consumer.

(2) Eighty percent of the gross receipts from the sale of property to operators of common carriers and waterborne vessels to be used or consumed in the operation of such common carriers or waterborne vessels principally outside of this County.

The following provisions shall be operative January 1, 1984:

(b) (4.5) There shall be excluded from the gross receipts by which the tax is measured:

(1) The amount of any sales or use tax imposed by the State of California upon a retailer or consumer.

(2) Eighty percent of the gross receipts from the sale of tangible personal property to operators of aircraft to be used or consumed principally outside the County in which the sale is made and directly and exclusively in the use of such aircraft as common carriers of persons or property under the authority of the laws of this State, the United States or any foreign government.

The following provisions shall be operative on the operative date of any act of the Legislature of the State of California, which amended or repeals and reenacts Revenue and Taxation Code §§ 7202 and 7203 to provide an exemption for operators of waterborne vessels in the same or substantially the same language as that existing in those statutory sections as they read on October 1, 1983.

(b) (4.5) There shall be excluded from the gross receipts by which the tax is measured:

(1) The amount of any sales or use tax imposed by the State of California upon a retailer or consumer.

(2) Eighty percent of the gross receipts from the sale of tangible personal property to operators of waterborne vessels to be used or consumed principally outside the County in which the sale is made and directly and exclusively in the carriage of persons or property in such vessels for commercial purposes.

(3) Eighty percent of the gross receipts from the sale of tangible personal property to operators of aircraft to be used or consumed principally outside the County in which the sale is made and directly and exclusively in the use of such aircraft as common carriers of persons or property under the authority of the laws of this State, the United States or any foreign government.

(Code 1954, § 2.3-4; Ord. No. NS-216, § 1, 1-2-68; Ord. No. NS-216.2, § 2, 3-21-72; Ord. No. NS-216.3, § 1, 9-25-73; Ord. No. NS-216.4, §§ 1, 4, 12-13-83)