California Removal of Lessee's Equipment and Personal Property

State:
Multi-State
Control #:
US-OG-818
Format:
Word; 
Rich Text
Instant download

Description

This lease rider form may be used when you are involved in a lease transaction, and have made the decision to utilize the form of Oil and Gas Lease presented to you by the Lessee, and you want to include additional provisions to that Lease form to address specific concerns you may have, or place limitations on the rights granted the Lessee in the “standard” lease form.

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FAQ

Real property generally includes land, houses and unextracted natural resources. Personal property includes both tangible and intangible goods such as clothing and financial holdings. The differences between real property and personal property can matter in estate planning.

The law makes a clear distinction between real property and personal property. Real property is immovable. It includes the land, everything that is permanently attached to it, and the rights that "run with" the land. Personal property, on the other hand, is movable.

Inventory that is owned or used rather than intended for sale or lease is taxable. Cargo containers used in ocean commerce and historical aircraft are exempt.

Generally, the lease of tangible personal property is subject to tax unless the lessor timely paid sales and use tax on the purchase of the property and leased the property in substantially the same form as acquired.

If a vehicle dealer is not involved in handling the lease buyout for you, the bank or leasing company may not charge or collect the tax on the sale of the leased vehicle (i.e., the lease buyout amount). If that is the case, you will be responsible for paying the use tax at the DMV when you register your vehicle.

Personal property can be characterized as either tangible or intangible. Examples of tangible personal property include vehicles, furniture, boats, and collectibles. Stocks, bonds, and bank accounts fall under intangible personal property.

Machinery, equipment, tools, furniture, fixtures, and leasehold improvements held or used in connection with a trade or business are taxable. In addition, most boats, aircraft and mobile homes are also taxable.

Per the law, every other kind of property that is not real property is ?personal property.? (Cal Civ Code § 663 [every kind of property that is not real is personal].) That is, personal property is ?movable.? This includes money, goods, chattels, or things in action.

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California Removal of Lessee's Equipment and Personal Property