Has there been any update on this? I am sure that Tesla has some great lawyers but why are they not exempt through a "dealer" loophole? Here is what I found from a 2015 article that only mentions dealers and not manufacturers.
"The California State Board of Equalization ("Board") released guidance on vehicle and vessel transfers that are not subject to California use tax.
California taxes sales of vehicles and vessels ("vehicles") unless an exemption applies. When a vehicle is purchased from a dealer in California, the dealer is responsible for reporting and paying sales tax.
When a vehicle is purchased from someone other than a dealer, the purchaser must pay use tax. The use tax rate is generally the rate that applies where the vehicle is registered or moored. The sales tax rate is generally the rate that applies where the vehicle is sold. Purchasers can pay use tax either to the Department of Motor Vehicles ("DMV") when they register the vehicle or directly to the Board.
California exempts some vehicle sales to individuals by non-dealers. A vehicle is exempt from use tax when it is (1) received as a gift, (2) purchased from a family member, (3) involuntarily obtained through inheritance or court order, (4) received in the dissolution of a company,
(5) purchased and delivered out of state without being used, (6) purchased and delivered out of state by active duty military personnel who then transfer to California and bring the vehicle with them, (7) purchased by the U.S. government,
(8) purchased for out-of-state use and only used in California while being removed from the state, or (9) purchased by an American Indian for use on a reservation.
If a purchaser qualifies for a use tax exemption, the purchaser may get a Use Tax Clearance certificate from the Board. This certificate allows the purchaser to register the vehicle in California without paying use tax. The DMV can process vehicle registrations without this certificate but is not required to do so."
http://www.boe.ca.gov/pdf/pub52.pdf
California Publishes Guidance for Vehicle Use Tax Exemptions
From Tesla.com Q&A
"I don’t live in California; do I still have to pay California sales tax?
If you live in a state where Tesla has a sales license, the final amount due will include sales tax specific to your state of registration. If you live in a state where we do not have a sales license, you will pay applicable sales tax to your state when you register your car. Please note that if you take delivery of your vehicle in California, we are required to collect California sales tax even if the vehicle will be registered in another state. We recommend discussing all tax concerns with your tax professional."