Part 21.1Local Prepaid Mobile Telephony Services Collection Act
Section § 42100
This law is called the Local Prepaid Mobile Telephony Services Collection Act. It highlights the importance of consistent and efficient communication services like 911 and other local programs funded by taxes on telecommunications services. Mobile service providers must collect and send these taxes to California cities and counties, as they are vital for funding public services like safety, parks, and libraries.
The law also identifies that prepaid mobile services are often sold by third parties, so it's crucial to collect taxes at the sale point. This method ensures fair and efficient tax collection statewide. Additionally, it allows for streamlined processes specific to prepaid services to manage administrative costs. The law demands a uniform statewide tax collection approach, simplifying and standardizing how local charges on prepaid services are collected across different areas.
Section § 42101
This section provides definitions for terms related to the sale and taxation of prepaid mobile telephony services in California. The 'Department' refers to the California Department of Tax and Fee Administration. A 'Direct seller' means any entity like a phone company or VoIP service that sells prepaid mobile phone services directly to consumers. The term 'local charge' involves taxes relating to utilities and communication services.
A 'Prepaid consumer' is someone who buys prepaid mobile services at retail. 'Prepaid mobile telephony services' are services bought before use, encompassing mobile telecommunications and information services. A 'Retail transaction' is the sale of these prepaid services, and a 'Seller' is anyone who sells them in such transactions. 'Prepaid MTS provider' is a company providing prepaid mobile services.
Section § 42101.5
This law mandates that, starting January 1, 2016, any local tax on prepaid mobile phone services by a local agency must be collected by sellers at the point of sale if the local agency has a contract with the department for collection. The local agency must verify their ordinance applies the charge and agree to protect the department from any liability. They also need to specify the local 911 charge or the utility user tax rate. Sellers not directly linked to service providers can keep 2% of collected taxes. If a new charge is established after September 1, 2015, collecting begins the next April, and local agencies must notify the department by December 1. Changes to charges require notification to commence collection by the following April, while reductions or eliminations need timely notice as well. Until the end of 2015, providers could choose to pay local charges directly to local taxing authorities, satisfying the local tax requirements.
Section § 42101.6
This law outlines how the department must manage and post local charge rates each year for different areas, and how sellers should handle these charges for mobile telephony services. Rates must be posted by December 1 and apply from April 1. Any inaccuracies need to be corrected promptly. Sellers can rely on the posted rates to collect and remit charges. Non-direct sellers can keep 2% of what they collect, while direct sellers must remit charges directly to the applicable local authority. Charges must be clearly listed on consumer documents. If sellers collect excess charges, they can refund consumers. Any unpaid charges remain a consumer's responsibility until paid, except if paid through a registered seller. Accounts written off as uncollectible can be deducted in returns, but if collected later, those amounts must be declared.
Section § 42101.7
Starting from January 1, 2017, sellers (except direct sellers) with less than $15,000 in sales from prepaid mobile phones in the prior year are not required to collect certain local fees. This sales threshold can be adjusted annually by the Department of Finance to ensure program efficiency and funding. Any changes take effect on January 1 of the next year. Sellers can choose to collect the fees voluntarily even if their sales are below the threshold.
The sales threshold is calculated based on the total sales from all of a seller’s locations, not separately by each location.
Section § 42101.8
This law explains when a retail transaction is considered to take place in California for prepaid mobile telephony services. A transaction happens in California if it's completed in person at a store in the state, or the buyer's address is in the state based on established criteria. If no address is available, a transaction is considered in-state if the buyer's phone number is linked to California.
For local charges, the transaction is considered to occur at one location only. Sellers acting in good faith, relying on the information provided by the state to match transaction locations to local charges, aren't liable for additional charges or required refunds, even if a ZIP code pertains to multiple charges.
Section § 42101.9
This law is about how local charges apply when selling prepaid mobile telephony services combined with other services or products. Generally, if these are sold together for one price, local charges apply to the entire price unless the seller can separate the prices in their records.
When a phone is sold with prepaid mobile service for one price, the charges apply to everything unless the phone's price is listed separately on a receipt or invoice, allowing charges to be applied only to the service portion.
If the sale involves a very small amount of service (10 minutes or less or costs $5 or less) bundled with a device, local charges don't apply at all.
Section § 42102
Starting January 1, 2016, cities and counties in California cannot set their own tax rates on prepaid mobile phone services beyond what this law dictates. Instead, a scale of percentage rates is given based on existing local ordinances. For instance, if a local utility tax rate is set below 1.5%, it drops to 0%. Rates range from 0% to a maximum of 9%, depending on the original local rate. This is automatic and does not need voter approval. Although local areas can still impose these taxes on communication services, they must follow the specified rates for prepaid services. Furthermore, this is the only method for charging utility taxes and fees for prepaid mobile services and does not change a locality's ability to issue other charges or taxes.
Section § 42102.5
This law, effective January 1, 2016, limits how cities and counties in California can charge for access to communication services or 911 systems when it comes to prepaid mobile phones. If the current charge is less than $1 per month per access line, the rate is set to 0%. If the charge is $1 or more, then the rate is adjusted by dividing the amount by 50.
These changes are automatic and don't require voter approval. However, cities and counties can still impose, increase, or extend their charges on such services, as long as they align with the specified rules from January 1, 2016, onward.
Section § 42103
This law explains how the department in charge will handle the collection and management of local charges associated with prepaid mobile telephony services. They are responsible for collecting these charges, managing the funds in a special state treasury account, and ensuring the proper distribution to local jurisdictions. Sellers must register with the department and may need to remit payments electronically if they do so for other state taxes. The department facilitates rules for managing and collecting these charges, including emergency regulations when needed. It also sets procedures for sellers to prove that a sale isn’t a retail transaction.
Audit responsibilities focus on ensuring sellers comply with the law, and certain information must be shared with local agencies to confirm correct charge handling. The department can partner with third parties to help manage tasks like distributing collected charges and addressing queries. These partners must maintain confidentiality and cannot work for a contingent fee based on tax amounts. Lastly, direct sellers have different rules, except for documenting non-retail sales and information sharing with local jurisdictions.
Section § 42103.1
This law requires the department to set up schedules and methods for paying local charges in a way that's similar to how sales and use taxes are handled. The main points include: (a) Sellers must pay the local charges, after keeping a portion for themselves, to the department every quarter. (b) Sellers must also file a quarterly return electronically by the end of the month following the quarter. (c) Returns need to be authenticated in a way approved by the department. (d) This specific section is only about local charges that must be sent to the department.
Section § 42103.2
This law states that every seller must register with the department unless they’re not required to collect local charges according to another specific rule, Section 42101.7. However, even if sellers meet the minimum sales threshold that exempts them from this requirement, they can still choose to register voluntarily. The department is responsible for creating a registration process that aligns with the existing sales permit system. Sellers need to fill out a registration form providing their business name, location, and any other required details. The form must be authenticated in the prescribed manner.
Section § 42104
This law allows for a short-term loan from the General Fund to the Local Charges for Prepaid Mobile Telephony Services Fund in order to cover expenses related to managing and collecting local charges. These loans must be repaid within the same fiscal year they were made. However, repayment can be delayed up to six months after the next fiscal year's budget is enacted. Additionally, loans should be repaid if the funds are needed for other expenditures.
Section § 42105
This law states that if a local area has a law that makes prepaid mobile phone services pay extra local fees, then that area is responsible for a few things. They need to defend the legality of that law, interpret the law, and handle any refund claims from consumers. They also must certify the law applies to prepaid services and cover any damages that arise from this. They have to fix any mistakes about where sales happen and make sure the right charges are applied.
Consumers can challenge where the sale was located if they believe it's wrong, by filing a sworn claim to their city or county. If they're exempt from charges, they can file for a refund. If a tax is declared invalid, the local area, not the seller, is responsible for any refunds and can't be sued for collecting the tax. Only the local area is involved in legal actions about the tax, so sellers shouldn't be sued.
Section § 42106
This law outlines how local refunds are handled when a portion of a refund, called the 'offset portion', is deducted from a city’s, county's, or city's quarterly local charges. The offset portion is the part of the refund that exceeds $50,000 or 20% of the local charges. When this happens, the city or county can request that the offset portion be sent back to them within three months. The department must do this promptly and then gradually deduct the offset portion from future local charge payments over a period between two to eight quarters.
However, the department won't send the offset portion back if it would delay or reduce the refund payment to the taxpayer or affect payments to other jurisdictions.
Section § 42107
This law requires local governments or agencies to pay their portion of the department's expenses related to collecting and managing certain funds or processes.
Section § 42109
Section § 42110
This law makes it illegal for someone who isn't a government officer or employee to keep information from local charge records after their contract ends. Local governments can request access to these records, but only certain authorized people can look at them, and there are strict rules about who else can see this information and how it can be used. These records are mainly for tax collection purposes. If the Department suspects unauthorized sharing or use, they can restrict access to protect privacy. Specific roles like receivers or executors can access details if they have a direct interest in unpaid charges or taxes.
Section § 42111
This law is only valid until January 1, 2026. It will be canceled on that date unless a new law is passed before then to change or extend the expiration date.