What California Use Tax Is
California use tax is a tax you owe on goods you buy outside California and bring into the state, or buy from out-of-state sellers without paying California sales tax. It exists because California wants to collect the same tax on purchases whether you buy locally or from across the country. The rate is the same as your local sales tax rate — between 7.25% and 10.25% depending on your county.
The tax applies to tangible personal property: things you can touch and own. A shirt you order online from a New York retailer, a car you buy in Nevada, furniture shipped from a warehouse in another state — these all trigger use tax if no sales tax was collected at the time of purchase. The state assumes that if you bought something out of state without paying tax, you owe that tax when you bring it into California.
Most people never write a check for use tax because retailers now collect it automatically. When you order from Amazon, Walmart, or most online sellers, they charge California sales tax at checkout. But use tax still matters in situations where no tax was collected — and the state tracks these transactions.
Key Takeaways
- Use tax applies to items you buy outside California or from sellers who did not collect sales tax, and the rate matches your county's sales tax percentage.
- Most online purchases now include sales tax automatically, so you do not owe use tax on those orders.
- You owe use tax on out-of-state purchases only if the seller did not collect California sales tax at the time of sale.
- The California Department of Tax and Fee Administration tracks use tax through your income tax return and other records.
- Reporting use tax on your state tax return is required, though most individual taxpayers report small amounts or none.
When You Actually Owe Use Tax
You owe use tax in specific situations. If you buy something in person while traveling out of state — a piece of furniture in Nevada, a car in Oregon — and bring it into California, you owe use tax on that purchase. If you order from a small online retailer that does not collect California tax, you owe use tax on that order. If you buy from a private seller in another state, you owe use tax.
The key trigger is whether California sales tax was collected at the time of purchase. If it was, you do not owe use tax — you already paid it. If it was not, and you brought the item into California or had it shipped here, you owe the tax.
Businesses that buy inventory or equipment out of state also owe use tax. A California contractor who buys tools in bulk from an out-of-state supplier, or a retail store that purchases stock without paying California tax, owes use tax on those purchases. This is where use tax matters most in practice — it prevents businesses from avoiding sales tax by shopping out of state.
How the Tax Rate Works by County
California's use tax rate is not statewide. The state base rate is 7.25%, but your county and city may add local sales tax on top of that. Your use tax rate is whatever your local sales tax rate is where you live or where you use the item.
If you live in Los Angeles County, your combined sales tax rate is 9.5%, so your use tax rate is 9.5%. If you live in San Francisco, it is 8.625%. If you live in a rural county with only the state rate, it is 7.25%. When you owe use tax, you pay the rate for the location where you use the item, not where you bought it.
This matters most for big purchases. A car you buy in Nevada and register in California is taxed at your California county rate, not Nevada's rate. A piece of equipment a business uses in one county is taxed at that county's rate.
Reporting Use Tax on Your State Tax Return
California asks you to report use tax on your state income tax return. Form 540 (the main California tax return) includes a line for use tax owed. Most individual taxpayers either leave this blank or report a small amount.
The state provides a worksheet to calculate use tax based on your purchases, but most people do not track every out-of-state purchase throughout the year. Instead, the state offers a simplified method: you can report a percentage of your income as use tax, or you can report actual purchases if you kept records. For most households, the simplified method results in little or no tax owed.
If you made a large out-of-state purchase — a car, a boat, expensive equipment — you should report it. The California Department of Tax and Fee Administration cross-checks vehicle registrations and other records, so major purchases are often flagged anyway.
How Retailers Collect Use Tax Now
The landscape changed significantly after the 2018 Supreme Court ruling in South Dakota v. Wayfair, which allowed states to require online retailers to collect sales tax even if they had no physical presence in the state. California now requires most online sellers to collect and remit sales tax, which means you pay the tax at checkout rather than owing it later.
Large retailers like Amazon, Walmart, Target, and eBay collect California sales tax on nearly all purchases. Smaller online retailers and marketplaces increasingly do the same. This means that for most consumer purchases, use tax is already handled — you see it on your receipt and do not owe anything additional.
The exceptions are small sellers who fall below sales thresholds, private sales, and purchases from states that do not require collection. These situations are rare in everyday shopping but still exist.
Use Tax for Businesses and Large Purchases
Businesses face use tax obligations more often than households. A California business that buys equipment, inventory, or supplies from out-of-state vendors without paying California tax owes use tax on those purchases. This applies whether the business buys in person, by mail order, or online.
For vehicles, use tax is collected at registration. When you register a car, truck, or motorcycle in California, the Department of Motor Vehicles collects use tax based on the purchase price and your county's tax rate. If you already paid sales tax in another state, you may be able to claim a credit, but you still owe California's rate if it is higher.
Businesses should track out-of-state purchases and report them on their California tax returns. The state requires businesses to maintain records of purchases subject to use tax, and audits often focus on whether use tax was properly reported.
What Happens If You Do Not Report Use Tax
The California Department of Tax and Fee Administration does not actively pursue individual taxpayers for small unreported use tax amounts. However, the state does audit, and audits sometimes uncover use tax issues — especially for large purchases like vehicles, boats, or business equipment.
If you are audited and use tax is discovered, you owe the tax plus interest. Interest accrues from the date the tax was due, which is typically the date you brought the item into California or received it. Penalties may explore if the state determines the omission was intentional.
For businesses, use tax enforcement is more active. The state expects businesses to report use tax on their returns, and audits of business records often include a use tax review. Unpaid use tax can result in significant liability plus interest and penalties.
Frequently Asked Questions
Do I owe use tax on everything I buy online?
No. If the retailer collected California sales tax at checkout, you do not owe use tax. Most major online retailers now collect sales tax automatically. You only owe use tax if you bought something out of state or from a seller who did not collect California tax.
What if I bought something out of state and did not bring it to California?
You do not owe California use tax. Use tax applies only to items you bring into California or have shipped here. If you bought a souvenir in Nevada and left it there, no California tax is owed.
How do I report use tax if I do not have receipts?
California provides a simplified reporting method on the tax return. You can report a percentage of your income as estimated use tax, or you can report actual purchases if you remember them. For most households, the simplified method results in little or no tax owed. Keep receipts for large purchases like vehicles or equipment.
Do I owe use tax on a car I bought in another state?
Yes, but it is collected when you register the vehicle in California. The Department of Motor Vehicles calculates use tax based on the purchase price and your county's tax rate. If you paid sales tax in another state, you may receive a credit, but you still owe California's rate if it is higher.
Can I deduct use tax on my federal return?
You can deduct state and local taxes (SALT) on your federal return, which includes use tax. However, the total deduction for state and local taxes is capped at $10,000 per year. Consult a tax professional about whether use tax fits within your SALT deduction.