What is the difference between a manufacturer's tax and a manufacturing tax?

California, United States of America


The following excerpt is from General Motors Corp. v. City of Los Angeles, 35 Cal.App.4th 1736, 42 Cal.Rptr.2d 430 (Cal. App. 1995):

In Tyler Pipe Industries v. Dept. of Revenue, supra, 483 U.S. 232, 107 S.Ct. 2810, 97 L.Ed.2d 199, the court held Washington's business and occupation tax unconstitutional "because it places a tax burden upon manufacturers in Washington engaged in interstate commerce from which local manufacturers selling locally are exempt." (Id. at p. 253, 107 S.Ct. at 2823.) Washington imposed a business and occupation tax on the privilege of engaging in business activities in the state, including manufacturing and wholesale selling. The same tax rates applied to both activities. The measure of the wholesale selling tax was gross proceeds of sales and the measure of the manufacturing tax was the value of the manufactured product. However, under Washington's multiple activities exemption, local manufacturers were exempted from the manufacturing tax for any portion of their output that was subject to the wholesale selling tax. In other words, Washington manufacturers were allowed a credit against the manufacturer's tax for wholesale selling taxes paid on in-state sales, reducing the amount of their manufacturer's tax obligation. No credit was allowed for taxes paid on sales outside of Washington. The exemption resulted in (1) local manufacturers paying the wholesale selling tax on local sales and the manufacturing tax on out-of-state sales, and (2) out-of-state manufacturers paying the wholesale selling tax on sales in Washington.

Other Questions


Can a defendant receive a separate sentence for unlawful acts committed at different times for different amounts of money against different victims? (California, United States of America)
Does a defendant who committed a crime under a different sentencing scheme that existed at the time he committed the crime be sentenced to a different sentence? (California, United States of America)
Can Section 654 of the California Criminal Code apply to an act or omission that is punishable by different ways by different provisions of law? (California, United States of America)
What is the basis for the argument that a person who believes in a different type of marriage is entitled to a different marriage? (California, United States of America)
Does a defendant have to be engaged in, or even have the necessary equipment for, the manufacturing process to be found guilty of manufacturing? (California, United States of America)
In what circumstances have the courts allowed a defendant to be convicted of manufacturing or possessing with intent to manufacture marijuana? (California, United States of America)
Does Section 654, subdivision (a) of the California Criminal Code apply to punish an act or omission that is punishable in different ways by different sections of the law? (California, United States of America)
In what circumstances will a defendant be found guilty of manufacturing methamphetamine even if he did not know that methamphetamine was being manufactured? (California, United States of America)
Can an act or omission that is publishable in a different way by different sections of the law be punished under section 654 of the California Criminal Code? (California, United States of America)
Does section 654, subdivision (a) of the California Criminal Code apply to punish an act or omission that is punishable by different provisions of the law in different ways? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.