California BOE Reminds: Sales of Counterfeit Goods are Taxable
- Sales Tax News
- Mar 3, 2015 | Gail Cole
Last fall, California lawmakers approved legislation that made the sale of counterfeit tangible personal property subject to sales tax. While not condoning illegal activity, the law acknowledges that it exists and attempts to use it to augment tax revenue.
Now the State Board of Equalization has updated Publication 103, Sales for Resale to include a section entitled “All sales of counterfeit goods are taxable.” It reminds that, “If a person is convicted in trafficking counterfeit goods, then all of their sales and purchases of those counterfeit goods will be considered taxable.” In addition:
“A person may no longer claim a resale deduction for the sale of counterfeit goods, and any purchases made of counterfeit goods for subsequent resale will also be taxable.”
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