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Lev
Lev, Tax Advisor
Category: Tax
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Experience:  Taxes, Immigration, Labor Relations
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We are a 509(c)19 Veteran's Organization. Can we be exempt

Customer Question

We are a 509(c)19 Veteran's Organization. Can we be exempt from California Sales tax on food, etc we purchase from the Hotel for our Reunions? Requirements and qualifications?
Submitted: 1 year ago.
Category: Tax
Expert:  Lev replied 1 year ago.
Hi and welcome to our site!See page 7http://www.boe.ca.gov/pdf/pub61.pdf• NONPROFIT VETERANS’ ORGANIZATIONS—The sales and use of meals and food products furnished or served by any nonprofit veterans’ organization at a social or other gathering conducted by it or under its auspices are exempt from tax if the proceeds are used to carry on the functions and activities of the organization.Please be aware that Sales of food for human consumption are generally exempt from tax unless sold in a heated condition See the first page in referenced publication.FOOD PRODUCTS—Sales of food for human consumption are generally exempt from tax unless sold in a heated condition (except hot bakery items or hot beverages, such as coffee, sold for a separate price), served as meals, consumed at or on the seller’s facilities, ordinarily sold for consumption on or near the seller’s parking facility, or sold for consumption where there is an admission charge.Otherwise - that sale is not exempt from the sale tax unless the organization is retailer and purchases to resell.
Expert:  Lev replied 1 year ago.
See page 7
http://www.boe.ca.gov/pdf/pub61.pdf
• NONPROFIT VETERANS’ ORGANIZATIONS—The sales and use of meals and food products furnished or served by any nonprofit veterans’ organization at a social or other gathering conducted by it or under its auspices are exempt from tax if the proceeds are used to carry on the functions and activities of the organization.
Please be aware that Sales of food for human consumption are generally exempt from tax unless sold in a heated condition
See the first page in referenced publication.
FOOD PRODUCTS—Sales of food for human consumption are generally exempt from tax unless sold in a heated condition (except hot bakery items or hot beverages, such as coffee, sold for a separate price), served as meals, consumed at or on the seller’s facilities, ordinarily sold for consumption on or near the seller’s parking facility, or sold for consumption where there is an admission charge.
.
Otherwise - that sale is not exempt from the sale tax unless the organization is retailer and purchases to resell.