California Revenue and Taxation Code § 42101

For purposes of this part, all of the following definitions shall apply: (a) “Department” means the California Department of Tax and Fee Administration. (b) (1) “Direct seller” means a prepaid MTS provider or services supplier, as defined in subdivision (l), that makes a sale of prepaid mobile telephony services directly to a prepaid consumer for any purpose other than resale in the regular course of business. A direct seller includes, but is not limited to, any of the following: (A) A telephone corporation, as defined in Section 234 of the Public Utilities Code. (B) An interconnected Voice over Internet Protocol (VoIP) service, as defined in Section 285 of the Public Utilities Code. (C) A retailer, as defined in Section 6203, that is a member of the same commonly controlled group, as defined in Section 25105, or that is a member of the same combined reporting group, as defined in Section 25106.5(b)(3) of Title 18 of the California Code of Regulations or any successor regulation, as an entity defined in subparagraphs (A) or (B). (2) For purposes of this subdivision, “sale” means any transfer of title, possession, exchange, or barter, conditional or otherwise. (c) “In this state” means within the exterior limits of the State of California and includes all territory within those limits owned by or ceded to the United States of America. (d) “Local charge” means the utility user taxes as described in Section 42102, and charges for access to communication services or to local “911” emergency telephone systems, as described in Section 42102.5. (e) “Local jurisdiction” or “local agency” means a city, county, or city and county, which includes a charter city, county, or city and county. (f) “Mobile data service” has the same meaning as defined in Section 224.4 of the Public Utilities Code. (g) “Mobile telephony service” or “MTS” has the same meaning as defined in Section 224.4 of the Public Utilities Code. (h) “Ordinance” refers to an ordinance of a local jurisdiction or local agency imposing a local charge, including any local enactment relating to the filing of a refund or a claim arising under the ordinance. (i) “Person” includes any individual, firm, partnership, joint venture, limited liability company, association, social club, fraternal organization, corporation, estate, trust, business trust, receiver, assignee for the benefit of creditors, trustee, trustee in bankruptcy, or syndicate, the United States, this state, any city, county, city and county, municipality, district, or other political subdivision of the state, or any other group or combination acting as a unit. (j) “Prepaid consumer” means a person who purchases prepaid mobile telephony services in a retail transaction. (k) “Prepaid mobile telephony services” means the right to use a mobile device for mobile telecommunications services or information services, including the download of digital products delivered electronically, content, and ancillary services, or both telecommunications services and information services, that must be purchased in advance of usage in predetermined units or dollars. For these purposes, “telecommunications service” and “information service” have the same meanings as defined in Section 153 of Title 47 of the United States Code. (l) “Prepaid MTS provider” means a telephone corporation, as defined in Section 234 of the Public Utilities Code, that provides prepaid mobile telephony services. (m) “Retail transaction” means the purchase of prepaid mobile telephony services, either alone or in combination with mobile data or other services, from a seller for any purpose other than resale in the regular course of business. For these purposes, a “purchase” means any transfer of title or possession, exchange, or barter, conditional or otherwise. (n) “Seller” means a person that sells prepaid mobile telephony service to a person in a retail transaction.

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