For the purpose of determining the gross receipts tax, the following provisions shall
apply:
(a)
"Gross Receipts," except as otherwise specifically provided, means the total amount
actually received or receivable from all sales and transfers; the total amount of
compensation actually received or receivable for the performance of any act or service,
of whatever nature it may be, for which a charge is made or credit allowed, whether
or not such act or service is done as a part of or in connection with the sale of
materials, goods, wares or merchandise; and discounts, gifts, rents, royalties, fees,
commissions, dividends, and gains realized from trading in stocks or bonds, however
designated. Included in "gross receipts" shall be all receipts, cash, credits and
property of any kind or nature, without any deduction therefrom on account of the
cost of the property sold, the cost of materials used, labor or service costs, interest
paid or payable, or losses or other expenses whatsoever, except that the following
shall be excluded therefrom:
1.
Cash discounts where allowed and taken on sales;
2.
Credit allowed on property accepted as part of the purchase price and which property
may later be sold, at which time the sales price shall be included as gross receipts;
3.
Any tax required by law to be included in or added to the purchase price and collected
from the consumer or purchaser;
4.
Such part of the sale price of any property returned by purchasers to the seller as
refunded by the seller by way of cash or credit allowances or return of refundable
deposits previously included in gross receipts;
5.
Receipts from investments where the holder of the investment receives only interest
and/or dividends, royalties, annuities and gains from the sale or exchange of stock
or securities solely for an individual's personal account, not derived in the ordinary
course of a business;
6.
Receipts derived from the occasional sale of used, obsolete or surplus trade fixtures,
machinery or other equipment used by the taxpayer in the regular course of the taxpayer's
business;
7.
Whenever there are included within the gross receipts amounts which reflect sales
for which credit is extended and such amount proved uncollectible in a subsequent
year, those amounts may be excluded from the gross receipts in the year they prove
to be uncollectible; provided, however, if the whole or portion of such amounts excluded
as uncollectible are subsequently collected they shall be included in the amount of
gross receipts for the period when they are recovered;
8.
Receipts of refundable deposits, except that such deposits when forfeited and taken
into income of the business shall not be excluded when in excess of one dollar; and
9.
Amounts collected for others where the business is acting as an agent or trustee and
to the extent that such amounts are paid to those for whom collected. These agents
or trustees must provide the finance department with the names and the addresses of
the others and the amounts paid to them. This exclusion shall not apply to any fees,
percentages, or other payments retained by the agent or trustees.
(b)
"Gross receipts" subject to the cannabis operations tax shall be that portion of the
gross receipts relating to business conducted within the unincorporated area of the
county.
