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Printable Form 982 El Monte California: What You Should Know

Taxable uses. (1) If used in the retail sale of gas, oil, or gas products within the State of California, the retail sale shall be treated as a use by the consumer on his or her gross sale to the consumer of gas, oil, or gas products in excess of the retail price. If the amount of oil, gas, or gas products sold is less than the retail price, the tax imposed by this part on the part of the gross sale that is paid or distributed is an overpayment of tax. (2) Gas, oil, or gas products, including oil, gas, and gas liquid sold for use as heating, or in a boiler, motor car, or engine, may be used only for the purpose stated on the invoice and at the time of sale. Except as otherwise provided in the tax laws, the taxable uses are as follows: sales made to a licensed and bonded wholesaler for personal use; sales made to a licensed and bonded manufacturer for personal use; sales made to a licensed and bonded dealer for personal use; sales made to a qualified person as defined by Section 501 (g), and sales made to a registered motor vehicle recycler; retail sales of gasoline and diesel fuel at a location exempt from State tax under Section 13.6. (3) For purposes of the above provisions of law, the retail sale of gasoline or diesel fuel at a location exempt from State tax under Section 13.6 is not subject to State gross sales tax. (4) Sales made to a nonresident of the State of California or California corporation or limited liability company that is subject to tax under Section 13 and used to provide heating, cooking, or refrigeration as a substantial part of the nonresident corporation's or limited liability company's activity in the State of California are subject to tax under this subpart and are taxable on the gross amounts received from nonresident purchasers. (5) Except as provided in Section 13 (b), the taxes imposed by this part and the sales tax are subject to the tax imposed by Article 4 (commencing with Section 3300) and Section 3301 (commencing with Section 3300), except the taxes imposed by Sections 4702B and 4702C of the Business and Professions Code and the sales tax imposed by sections 5001 and 5002 of the Revenue and Taxation Code are exempt from taxation by Article 4 and Section 3301, but are subject to taxation by the tax laws contained in Title 25 of the United States Code.

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