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CDTFA-400-DP (BACK) REV. 5 (8-21)
USE TAX DIRECT PAYMENT PERMIT
General Information and Filing Instructions
Revenue and Taxation Code section 7051.3 authorizes CDTFA to issue a Use Tax Direct Payment Permit to qualified applicants. This
permit allows purchasers and lessees of tangible personal property (other than lessees of motor vehicles, the lease of which is subject
to the terms of section 7205.1 of the Sales and Use Tax Law) to self-assess and pay use taxes directly to CDTFA instead of to the
vendor or lessor from whom the property is purchased or leased.
Permit holders will be provided with a Use Tax Direct Payment Exemption Certificate which they can issue to retailers and lessors
when they purchase tangible personal property subject to use tax or make qualified leases of tangible personal property. Vendors
who timely take the certificate in good faith from a permit holder are relieved of the duty to collect use taxes on the sales for which
the certificate was issued. Permit holders who acquire property under a certificate must self-assess and report the use taxes directly
to CDTFA on their tax returns and allocate the local taxes to the county, city, city and county, or redevelopment agency in which the
property is first used. Permit holders who fail to properly pay any use taxes that are due on property for which a certificate was given
are subject to interest and penalties assessments in addition to their tax liability.
To qualify for a Use Tax Direct Payment Permit, an applicant must meet the following conditions:
(1) The applicant must agree to self-assess and pay directly to CDTFA any use tax which is due on property for which a use tax direct
payment exemption certificate was given; and
(2) The applicant must certify to CDTFA either of the following:
(A) The applicant has purchased or leased for its own use tangible personal property subject to use tax which cost five hundred
thousand dollars ($500,000) or more in the aggregate, during the calendar year immediately preceding the application for the
permit; or
(B) The applicant is a county, city, city and county, or redevelopment agency.
Persons wishing to obtain a use tax direct payment permit must be prequalified and either hold a California seller’s permit or a
consumer use tax account.
Persons other than governmental entities who currently hold either a California seller’s permit or a consumer use tax account must
complete the application for a Use Tax Direct Payment Permit, sign the certification statement attesting that they qualify for a permit
under conditions of part (2)(A) above, submit a “Statement of Cash Flows” or other comparable financial statements acceptable
to CDTFA for the calendar year immediately preceding the date of application which discloses total purchases of property and
equipment for own use, and submit a separate statement under company letterhead certifying that five hundred thousand
dollars ($500,000) or more of such purchases were subject to use tax.
Persons other than governmental entities who are not required to hold a seller’s permit and who do not currently hold a consumer
use tax account must obtain a consumer use tax account, complete the application for a Use Tax Direct Payment Permit, sign the
certification statement attesting that they qualify for a permit under the conditions of part (2)(A) above, submit a “Statement of Cash
Flows” or other comparable financial statements acceptable to CDTFA for the calendar year immediately preceding the date
of application which discloses total purchases of property and equipment for own use, and submit a separate statement
under company letterhead certifying that five hundred thousand dollars ($500,000) or more of such purchases were subject to
use tax.
Governmental entities who currently hold either a California seller’s permit or a consumer use tax account must complete the
application for a Use Tax Direct Payment Permit, sign the certification statement attesting that they qualify for a permit under the
conditions of part (2)(B) above, and submit an additional statement to that effect under official letterhead and signed by an authorized
governmental representative.
Governmental entities who do not hold a California seller’s permit or a consumer use tax account must obtain a consumer use tax
account, complete the application for a Use Tax Direct Payment Permit, sign the certification statement attesting that they qualify for a
permit under the conditions of part (2)(B) above, and submit an additional statement to that effect under official letterhead and signed
by an authorized governmental representative.
The completed Application for Use Tax Direct Payment Permit, certification statement, and qualifying documentation should be
emailed to BTFD-CTSCPUGroup@cdtfa.ca.gov or returned to the address shown below. If all conditions are met, a Use Tax Direct
Payment Permit and a Use Tax Direct Payment Exemption Certificate will be mailed to the applicant.
If you would like additional information regarding the Use Tax Direct Payment Permit or need assistance in completing this application,
you can call 1-916-309-5399, or write to the California Department of Tax and Fee Administration, Compliance Policy Unit, P.O. Box
942879, Sacramento, CA 94279-0040.
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