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CDTFA-401-GSIN REV. 24 (2-24)
Who Can Claim a Partial Exemption?
You can claim this partial exemption if you are a person engaged in an agricultural business described in Codes 0111
to 0291 of the Standard Industrial Classification (SIC) manual or are a person that assists such classified persons by
performing an agricultural service described in Codes 0711 to 0783 of the SIC manual.
What Type of Equipment is Eligible?
• “Implements of husbandry,” as defined in Revenue and Taxation Code (R&TC) section 411. Such property generally
includes any tool, machinery, equipment, appliance, device, or apparatus. The farm equipment, machinery, and parts must
be used primarily in producing and harvesting agricultural products. “Primarily” means fifty percent or more of the time.
• Property as defined in Chapter 1, Division 16 of the Vehicle Code used exclusively in agricultural operations. Such property under
certain conditions includes lift carriers, tip-bed type trailers, trailers and semi-trailers having no bed, spray or fertilizer applicator
rigs, nurse rigs or equipment auxiliaries, row dusters, trap wagons, fertilizer nurse tanks or trailers, cotton trailers, truck tractors,
and truck tractor and semi-trailer combinations. Vehicles primarily designed for the transportation of persons or property on a
highway are generally not considered implements of husbandry and, therefore, do not qualify for this partial exemption.
Line 2. Diesel Fuel Used in Farming and Food Processing
For additional information for this exemption refer to publication 66, Agricultural Industry, Regulation 1533.2, Diesel Fuel
Used in Farming Activities or Food Processing, and Tax Guide for Agricultural Industry online at www.cdtfa.ca.gov.
Complete this line to claim a partial tax exemption for the sale, storage, use, or other consumption of diesel fuel used in
farming or food processing activities.
The diesel fuel must be consumed during the activities of a farming business as set forth in Internal Revenue Code (IRC) 263A
or food processing. A farming business is a business that grows crops, fruit- or nut-bearing trees, sod, or nursery plants.
Farming activities also include transporting these crops, fruit- or nut-bearing trees, sod, or nursery plants to the marketplace.
Line 3. Timber Harvesting Equipment and Machinery
For additional information for this exemption, refer to Regulation 1534, Timber Harvesting Equipment and Machinery.
Complete this line to claim a partial exemption of the sales and use tax for the sale, use, or other consumption of timber
harvesting equipment, machinery, and their parts. Such equipment and machinery must be designed for use 50.00 percent
or more of the time off-road in commercial timber harvesting and be used 50.00 percent or more of the time in timber
harvesting.
A qualified person is a person who is engaged in commercial timber harvesting. Commercial timber harvesting involves
the cutting or removal, or both, of timber and other solid wood forest products from timberlands for commercial
purposes. The partial exemption also applies to a qualified person’s lease payments for qualified commercial timber
harvesting equipment and machinery rentals.
Timber is considered to be trees of any species, excluding nursery stock, harvested for forest products. Some
examples of these products include firewood, Christmas trees, biomass, poles, and pilings.
Typical off-road commercial harvesting equipment and machinery and their general use that may be eligible for this
partial exemption include:
• Tractors or rubber-tired skidders—move the logs from the woods to the logging trucks.
• Front-end loaders—load logs onto trucks.
• Feller-bunchers—cut very small trees.
• Cable yarders—harvest trees on very steep slopes by suspending the logs on a cable.
• Chippers—chip small logs and brush into very small pieces.
• Chainsaws—used to cut down trees.
Line 4. Motor Vehicle Fuel (MVF)
Effective July 1, 2010, sales of MVF are partially exempt from tax. Since the exemption for the sale of MVF is only a
partial exemption, a portion of the state sales tax, the local and district taxes still apply. Sellers of MVF must complete
this section on CDTFA-401-GS, State, Local, and District Sales and Use Tax Return—Motor Vehicle Fuel (MVF) and Diesel.
If you need assistance reporting tax recoveries on MVF sales, please contact our Customer Service Center at
1-800-400-7115 (CRS:711).
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