The California Department of Tax and Fee Administration auditor will always make sure to distinguish between sales and use tax. Generally, the sales tax is the liability of the seller, whereas the use tax is the liability of the purchaser.
A retailer who consumes merchandise purchased for resale under a valid resale certificate or any person who consumes merchandise purchased from a retailer, the sale of which is exempt from sales tax (in contrast to CDTFA sales tax audits), is liable for the use tax on the cost of the property purchased.
In the case of a use tax, purchaser is liable until he or she paid the tax to the state or to a vendor who is authorized or required to collect the use tax and who must issue a receipt to the purchaser.
If the purchaser certifies in writing to a seller that the property purchased will be used in a manner as to entitle the seller to treat gross receipt form the sale as exempt from the sales tax, but purchaser actually uses the property in some other manner and for some other purpose, then the purchaser will be liable for sales tax as if purchaser was the seller in the original transaction.
