California State Assembly Bill 2798 Chapter 323 provids for, among other things, a limited "tax exemption for sales of ... teleproduction and post production equipment."

This bill holds "Exempt from the 5 percent state sales and use tax, tangible personal property purchased by a qualified person for use in teleproduction and postproduction services."

As of 1 July 2004, this exemption was increased to 5.25% -- for more information, please see this Special Notice from the California State Board of Equalization.

For more information from the California State Board of Equalization regarding implementing this new sales tax exemption along with links for the associated forms, please see our copy of their letter to the Members of the Teleproduction Industry.

The State of California has declared that "The purpose of this provision is to provide a tax incentive for postproduction work to ensure that the entertainment industry continues to thrive in California. The equipment used in postproduction work is becoming increasingly high-tech that requires the use of specialized equipment."

Among other things, this bill amended Section 6358 and 6380 of, and adds Section 6378 (see below) to, the Revenue and Taxation Code. With the defeat of Proposition 7 (a requirement), these provisions became operative January 1, 1999.

 

 
For your easy reference we have included the language from Section 6378 of the Revenue and Taxation Code as follows (but you should always seek and only rely upon independant tax/legal help from a professional):

• (a) There are exempted from the taxes imposed by this part the gross receipts from the sale of, and the storage, use, or other consumption in this state of, any of the following:
  • (1) Tangible personal property purchased for use by a qualified person to be used primarily in teleproduction or other postproduction services.
  • (2) Tangible personal property purchased for use by a qualified person to be used primarily to maintain, repair, measure, or test any property described in paragraph (1).

• (b) This exemption shall not apply to any tangible personal property that is used primarily in administration, general management, or marketing.

• (c) For purposes of this section:
  • (1) "Primarily" means tangible personal property used 50 percent or more of the time in an activity described in subdivision (a).
  • (2) "Qualified person" means any person that is primarily engaged in teleproduction or other postproduction activities that are described in Code 512191 of the North American Industry Classification System Manual published by the United States Office of Management and Budget, 1997 edition.
  • (3) "Teleproduction or other postproduction services" means services for film or video that include editing, film and video transfers, transcoding, dubbing, subtitling, credits, close captioning, audio production, special effects (visual or sound), graphics, or animation.
  • (4) "Tangible personal property" includes, but is not limited to, all of the following:
    • (A) Machinery and equipment, including component parts.
    • (B) All equipment or devices used or required to operate, control, regulate, or maintain the machinery, including, without limitation, computers, data processing equipment, and computer software, together with all repair and replacement parts with a useful life of one or more years, whether purchased separately or in conjunction with a complete machine and regardless of whether the machine or component parts are assembled by the taxpayers or another party.
  • (5) "Tangible personal property" does not include furniture, inventory, or equipment used to store products.

• (d) No exemption shall be allowed under this section unless the purchaser furnishes the retailer with an exemption certificate, completed in accordance with any instructions or regulations as the board may prescribe, and the retailer subsequently furnishes the board with a copy of the exemption certificate. The exemption certificate shall contain the sales price of the machinery and equipment that is exempt pursuant to subdivision (a).

• (e)
  • (1) Notwithstanding any provision of the Bradley-Burns Uniform Local Sales and Use Tax Law (Part 1.5 (commencing with Section 7200)) or the Transactions and Use Tax Law (Part 1.6 (commencing with Section 7251)), the exemption established by the section shall not apply with respect to any tax levied by a county, city, or district pursuant to, or in accordance with, either of these laws.
  • (2) The exemption established by this section shall not apply with respect to any tax levied pursuant to Sections 6051.2 and 6201.2, or pursuant to Section 35 of Article XIII of the California Constitution.
  • (3) The exemption established by this section shall not apply to any sale or use of property that, within one year from the date of purchase, is either removed from California or converted from an exempt use under subdivision (a) to some other use not qualifying for the exemption.

• (f) If a purchaser certifies in writing to the seller that the property purchased without payment of the tax will be used in a manner entitling the seller to regard the gross receipts from the sale as exempt from the sales tax, and within one year from the date of purchase, the purchaser (1) removes that property outside California, (2) converts that property for use in a manner not qualifying for the exemption, or (3) uses that property in a manner not qualifying for the exemption, the purchaser shall be liable for payment of sales tax, with applicable interest, as if the purchaser were a retailer making a retail sale of the property at the time the property is so removed, converted, or used, and the sales price of the property to the purchaser shall be deemed the gross receipts from that retail sale.