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SALES AND USE TAX CREDIT

 
The sales or use tax incurred in connection with a purchase of qualified property used exclusively in the zone can be taken as a tax credit.  The use tax paid on purchases outside California qualify for the credit only if machinery of a comparable quality and price was not available in California at the time it was needed.   Additionally, property that has been acquired by a lease arrangement in which sales or use tax was paid or incurred may qualify if structured using a financial (conditional sales) contract.

Qualified Property

  • Machinery and machinery parts used to manufacture, process, fabricate or otherwise assemble a product; or product renewable energy resources; and air or water pollution control mechanisms
  • Produce renewable energy resources
  • Control air or water pollution
  • Data processing and communications equipment including, but not limited to, computers, computer-automated drafting systems, copy machines, telephone systems, and fax machines; and
  • Motion picture manufacturing equipment central to production and postproduction, including, but not limited to, cameras, audio recorders, and digital image and sound processing equipment

Maximum Credit

Corporations may take a tax credit equal to the sale or use tax paid or incurred on the purchase of the first $20 million of machinery cost.  Individuals may claim a credit on the purchase of the first $1 million of machinery cost.

Example

A zone business purchases $10,000,000 in new machinery used to manufacture wooden chairs.  The sales tax of 7.25 percent amounts to $725,000.  Since the tax liability is only $150,000, the credit is $150,000 for that tax year.  The remaining $450,000 in unused credits may be carried over to future years until it is used up.  (If the amount of sales and use tax credit is greater than the tax on zone income in any year, the excess credit can be carried over to future years to offset enterprise zone tax.)

If the business in the above example were a sole proprietorship or a partnership, the amount of purchase would be limited to $1,000,000 and the credit to $72,500.

 

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