Boe 401 Ds Form PDF Details

Navigating the complexities of tax obligations can be a daunting task for both individuals and businesses, especially when it involves purchases from out-of-state vendors. The BOE-401-DS form serves as a crucial bridge for reporting and paying use tax in California, ensuring compliance with state tax regulations. Created by the State of California Board of Equalization, this form is designed for taxpayers who have made purchases from retailers outside of California that didn't collect California sales tax at the time of sale. Detailing the items purchased, their purchase dates, and prices, the form calculates the use tax owed based on the applicable tax rate, allowing for deductions of any sales tax already paid to other states. It emphasizes the importance of reporting use tax, especially for items consumed, stored, or used within California, which would have been subject to sales tax if bought within the state. This form, which needs to be submitted by January 31st following the calendar year in which purchases were made, aims to simplify the process of use tax payment. However, late submissions can incur penalties and interest, underscoring the need for timely compliance. While the form focuses on individual and non-permit-holding business taxpayers, it also offers guidance for those with specific tax obligations, such as sellers of tangible personal property and consumers of cigarette and tobacco products purchased out-of-state. The BOE-401-DS form, along with supporting publications and online resources provided by the BOE, offers a comprehensive toolkit for understanding and fulfilling use tax obligations in California.

QuestionAnswer
Form NameBoe 401 Ds Form
Form Length3 pages
Fillable?No
Fillable fields0
Avg. time to fill out45 sec
Other namesTDD, boewebservices, 31st, Deducttheamountofanysalestaxyo

Form Preview Example

BOE-401-DS REV. 2 (3-09)

 

 

 

 

 

STATE OF CALIFORNIA

USE TAX RETURN

 

 

 

 

BOARD OF EQUALIZATION

 

(Please print clearly and complete all items)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

NAME

 

 

 

 

CALENDAR YEAR BEING REPORTED

 

 

 

 

 

 

 

ADDRESS

 

 

 

 

 

 

 

 

 

 

 

 

CITY

COUNTY

 

 

STATE

ZIP CODE

 

 

 

 

 

 

 

ADDRESS WHERE PROPERTY IS USED (q same as above)

 

 

 

 

 

 

 

 

 

 

 

 

BRIEF DESCRIPTION OF ITEM PURCHASED

 

 

PURCHASE DATE

PURCHASE PRICE

(attach a separate sheet if more space is needed)

 

 

 

 

$

 

 

 

 

 

 

 

 

 

 

 

 

$

 

 

 

 

 

 

$

 

 

 

 

 

 

$

 

 

 

 

 

 

$

 

 

 

 

 

 

$

 

 

 

 

 

 

$

 

 

TOTAL PURCHASES FOR THE CALENDAR YEAR

$

 

 

 

 

 

 

 

 

 

 

 

 

TAX RATE

x

 

 

 

 

USE TAX SUBTOTAL

$

 

 

 

 

 

 

 

 

DEDUCT SALES TAX PAID TO ANOTHER STATE

$

 

 

 

 

 

NET USE TAX DUE

$

 

 

 

 

 

 

ADD 10% PENALTY IF APPLICABLE (see instructions)

$

 

 

ADD INTEREST IF APPLICABLE (see instructions)

$

 

 

 

 

 

TOTAL DUE

$

 

SIGNATURE

 

 

 

 

DATE

 

 

 

 

 

 

 

PRINT NAME

 

 

 

 

DAYTIME TELEPHONE

 

 

 

 

 

(

)

 

 

 

 

 

 

 

Write your check for the amount of the Total Due. Make it payable to: Board of Equalization. Mail the original tax return (keep a copy for your records) and your check to:

Board of Equalization

PO Box 942879

Sacramento, CA 94279-7071

This tax return is due by January 31st of the year following the calendar year in which the use tax liability was incurred. Penalty and interest applies to payments made after the due date.

FOR BOE USE ONLY

Account No.

 

Case ID No.

 

Case ID No.

Publication 79B • LDA

For additional information you may download regulations, forms and publications from our

website or you may call our Taxpayer Information Section to talk to a Board of Equalization representative.

BOE WEBSITE AND BOARD MEMBER CONTACT

INFORMATION:

www.boe.ca.gov

Taxpayer Information Section 800-400-7115

TDD/TTY 800-735-2929

Taxpayers’ Rights Advocate 888-324-2798

e∙FILE

BOARD OF EQUALIZATION

RAMON J. HIRSIG

Executive Director

State Board of Equalization

July 2009

 

 

California Use Tax–For purchases made from out-of-state businesses

What is California use tax?

Many individuals and businesses in California buy items from out-of-state retailers that are not required or authorized to collect California tax. If you make such a purchase and then use, give away, store, or otherwise consume the item in California, you may owe California use tax. This is true whether you order the item over the Internet, by telephone, or by mail. The use tax rate for any California location is the same as the sales tax rate.

How can I tell if I owe use tax?

Generally, if sales tax would have applied to an item purchased from a retailer in California, use tax will apply to the purchase of the same item from a retailer located outside the state. If the out-of-state retailer does not collect the California tax which is due on your purchase, you are required to report and pay use tax. Some purchases may be exempt from tax. Please refer to publication 112, Purchases from Out-of-State Vendors, for additional information.

Please note: The irst $800 of tangible personal property that is both purchased from a retailer in a foreign country and personally hand-carried into California from the foreign country within any 30-day period is exempt from use tax. This exemption does not apply to property mailed or shipped to you from a foreign country.

How do I report and pay the use tax?

You may complete and ile the attached use tax return. The California state income tax returns also include a line to report use tax. This line makes it easy to report and pay use tax on out-of-state purchases for individuals and for businesses that are not required to have a seller’s permit with the Board of Equalization (BOE). Simply follow the instructions included with your state income tax return. As an alternative, you may complete the use tax return included in this publication.

If you have a California seller’s permit: You must continue to report and pay use

tax on your sales and use tax returns.

Please note: If you sell tangible personal property that would ordinarily be subject to sales tax if sold at retail, you are required to hold a California seller’s permit. You may complete and submit a BOE-400-SPA, California Seller’s Permit Application for Individuals/Partnerships/Corporations/Organizations (Regular or Temporary). Please refer to publication 107, Do You Need a California Seller’s Permit?

Cigarette and tobacco product consumers: You must pay state excise and use taxes if the out-of-state retailer does not collect them from you. Call the BOE Excise Taxes Division at 916-327-4208 for more information about reporting requirements.

Vehicles, vessels, and aircraft: Special rules and reporting requirements apply to these purchases. Please see Regulation 1610, Vehicles, Vessels and Aircraft, publication 52, Vehicles and Vessels: How to Request a Use Tax Clearance for DMV Registration, publication 79, Documented Vessels and California Tax, and publication 79A, Aircraft and California Tax.

BOARD OF EQUALIZATION MEMBERS (Board Member Names Updated 2009)

BETTY T. YEE

BILL LEONARD

MICHELLE STEEL

JEROME E. HORTON

JOHN CHIANG

First District

Second District

Third District

Fourth District

State Controller

San Francisco

Ontario/Sacramento

Rolling Hills Estates

Los Angeles

 

State Board of Equalization • Publication 79B, CALIFORNIA USE TAX • July 2009

When is my tax return due?

If you are reporting and paying use tax on the return included in this publication, it is due by January 31st of the year following the calendar year in which the use tax liability was incurred. Penalty and interest applies to payments received after the due date. If you are reporting and paying use tax on your state income tax return, the due date for use tax is the same as the due date for your state income tax return. The date the use tax liability was incurred must be within the tax year being reported on your state income tax return.

What can I do if I owe use tax for prior years?

The In-State Voluntary Disclosure Program may beneit purchasers who are not required to have a seller’s permit, but have a use tax liability. If you owe use tax for periods prior to the current reporting year, you should review this program.

How do I complete this use tax return?

Follow these easy steps, starting at the top of the form:

•  Fill in your name, address, city, county, state, and zip code.

•  Write in the calendar year you made the purchase. (example: 2009)

•  Enter a brief description of the item, date of purchase, and the dollar amount. If you need more space, attach a separate sheet with this information. You may round all dollar amounts to the nearest whole dollar. Do not include separately stated shipping charges in the purchase price. See publication 123, California Businesses: How to Identify California Use Tax Due, for details.

•  Enter the total amount of purchases you are reporting for the calendar year.

•  Multiply the total purchases by the sales and use tax rate that is in effect at the time and location that the item was used, stored, or otherwise consumed. Enter this amount on the “Use Tax Subtotal” line. The use tax rate is the same as the sales tax rate for your location. Please see publication 71, California City and County Sales and Use Tax Rates.

•  Deduct the amount of any sales tax you paid to another state for the purchases being reported.  Keep the receipts proving the payment of this tax for your records. Note: For each item purchased, you cannot deduct more than the amount of tax that would have been due if the purchase had been made in California.

•  A penalty of 10 percent of the Net Use Tax Due is imposed for tax paid after the due date.

•  Interest is also due on tax paid after the due date. Interest is due for each month or fraction of a month that payment is made after the due date. You may use our online interest calculator, https://eile.boe.ca.gov/boewebservices/interestCalculation.jsp or call our Taxpayer Information Section for assistance in calculating interest due. To ind our online interest calculator, go to the BOE home page and search, Interest Calculator.

•  Add the penalty and interest amounts to the Net Use Tax Due to determine the Total Due.

•  Sign and date your tax return. Be sure to include a daytime telephone number where you can be reached if we have questions.

•  Make your check payable to the Board of Equalization for the Total Due amount, attach it to the tax return, and mail them to the address shown on the return. Keep a copy for your records.

Additional information available from our Taxpayer Information Section or website.

Regulations

1610 Vehicles, Vessels and Aircraft

Publications

52Vehicles and Vessels: How to request a Use Tax Clearance for DMV Regulation

71California City and County Sales and Use Tax Rates

79Documented Vessels and California Tax

79A Aircraft and California Tax

107Do You Need a California Seller’s Permit?

112Purchases from Out-of-State Vendors

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Part # 1 for completing chIANG

2. The subsequent stage is usually to fill in these blank fields: TOTAL PURCHASES FOR THE CALENDAR, TAX RATE x, USE TAX SUBTOTAL , DEDUCT SALES TAX PAID TO ANOTHER, NET USE TAX DUE , ADD PENALTY IF APPLICABLE see, ADD INTEREST IF APPLICABLE see, SIGNATURE, PRINT NAME, TOTAL DUE , DATE, DAYTIME TELEPHONE, Write your check for the amount of, and Board of Equalization PO Box .

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3. This next part is focused on How can I tell if I owe use tax, Please note The irst of tangible, How do I report and pay the use, If you have a California sellers, Please note If you sell tangible, regulations forms, and publications from our, website or you may call our, Taxpayer Information, Section to talk to a, Board of Equalization, representative, BOE website and, Board Member contact, and information - complete all these empty form fields.

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4. The subsequent subsection will require your input in the subsequent parts: Cigarette and tobacco product, Vehicles vessels and aircraft, efile, BOARD OF EQUALIZATION, BOARD OF EQUALIZATION MEMBERS, RAMON J HIRSIG Executive Director, BETTY T YEE First District San, BILL LEONARD Second District, MICHELLE STEEL Third District, JEROME E HORTON Fourth District, and JOHN CHIANG State Controller. Be sure that you type in all of the requested details to go forward.

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5. The form must be completed by going through this section. Below one can find a comprehensive list of blanks that must be filled out with specific details for your form usage to be accomplished: space attach a separate sheet with, Enter the total amount of, that the item was used stored or, Deduct the amount of any sales, Keep the receipts proving the, A penalty of percent of the Net, month that payment is made after, Add the penalty and interest, reached if we have questions, Make your check payable to the, return and mail them to the, Additional information available, Regulations, and Vehicles Vessels and Aircraft.

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