October 1, 2008 - AB 1452 Update* Assembly Bill 1452 became effective as of September 30, 2008. The result of the bill changes certain presumptions regarding the taxability of the purchase of any vehicle, vessel, or aircraft bought outside California. An overview of the changes are as follows: Effective as of September 30, 2008, the presumptions contained in Section 6248 of the California Revenue and Taxation Code have been permanently changed to the "12 month" test for California residents and the "6 month" test for non-residents. A. For California Residents, the law creates a rebuttable presumption that use tax is applicable to the purchase of any vehicle, vessel, or aircraft acquired outside California and then brought into California during the first 12 months of ownership. B. The law allows a California resident to bring a vehicle, vessel, or aircraft into California during the first 12 months of ownership for the exclusive purpose of Repair, Retrofit and Modification. C. There is a limitation of a maximum of 25 flight or engine hours that can be put on the aircraft of vessel during the repair, retrofit, or modification. D. The vehicle, vessel, or aircraft cannot become subject to California Personal Property Tax during the first year of ownership. E. For non-residents, the law creates a rebuttable presumption that the above rules apply; however, non-residents must remove the vehicle, vessel, or aircraft for one-half or more of the first year of ownership. F. Buyers subject to a "binding purchase agreement" on or before September 30, 2008 will be grandfathered under the old rule presumptions. *Disclaimer. The above overview is not a complete analysis of the law applicable to your purchase. It is an overview. The information contained herein is not intended to be relied on as legal advice. Every purchase transaction is different. Please contact an attorney for legal advice regarding interpreting the law and compliance aspects of your purchase. The full text of the Revenue and Tax code Section 6248 follows. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 6248 of the Revenue and Taxation Code is amended to read: 6248. (a) On and after the effective date of this section, there shall be a rebuttable presumption that any vehicle, vessel, or aircraft bought outside of this state, and which is brought into California within 12 months from the date of its purchase, was acquired for storage, use, or other consumption in this state and is subject to use tax if any of the following occurs: (1) The vehicle, vessel, or aircraft was purchased by a California resident as defined in Section 516 of the Vehicle Code. (2) In the case of a vehicle, the vehicle was subject to registration under Chapter 1 (commencing with Section 4000) of Division 3 of the Vehicle Code during the first 12 months of ownership. (3) In the case of a vessel or aircraft, that vessel or aircraft was subject to property tax in this state during the first 12 months of ownership. (4) The vehicle, vessel, or aircraft is used or stored in this state more than one-half of the time during the first 12 months of ownership. (b) This presumption may be controverted by documentary evidence that the vehicle, vessel, or aircraft was purchased for use outside of this state during the first 12 months of ownership. This evidence may include, but is not limited to, evidence of registration of that vehicle, vessel, or aircraft, with the proper authority, outside of this state. (c) This section shall not apply to any vehicle, vessel, or aircraft used in interstate or foreign commerce pursuant to regulations prescribed by the board. (d) The amendments made to this section by the act adding this subdivision shall not apply to any vehicle, vessel, or aircraft that is either purchased, or is the subject of a binding purchase contract that is entered into, on or before the operative date of this subdivision. (e) (1) Notwithstanding subdivision (a), any aircraft or vessel brought into this state for the purpose of repair, retrofit, or modification shall not be deemed to be acquired for storage, use, or other consumption in this state. (2) This subdivision shall not apply if, during the period following the time the aircraft or vessel is brought into this state and ending when the repair, retrofit, or modification of the aircraft or vessel is complete, more than 25 hours of airtime in the case of an airplane or 25 hours of sailing time in the case of a vessel is logged on the aircraft or vessel by the registered owner of that aircraft or vessel or by an authorized agent operating the aircraft or vessel on behalf of the registered owner of the aircraft or vessel. The calculation of airtime or sailing time logged on the aircraft or vessel shall not include airtime or sailing time following the completion of the repair, retrofit, or modification of the aircraft or vessel that is logged for the sole purpose of returning or delivering the aircraft or vessel to a point outside of this state. (3) This subdivision shall apply to aircraft or vessels brought into this state for the purpose of repair, retrofit, or modification on or after the operative date of this subdivision. (f) The presumption set forth in subdivision (a) may be controverted by documentary evidence that the vehicle was brought into this state for the exclusive purpose of warranty or repair service and was used or stored in this state for that purpose for 30 days or less. The 30-day period begins when the vehicle enters this state, includes any time of travel to and from the warranty or repair facility, and ends when the vehicle is returned to a point outside the state. The documentary evidence shall include a work order stating the dates that the vehicle is in the possession of the warranty or repair facility and a statement by the owner of the vehicle specifying dates of travel to and from the warranty or repair facility.

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