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Motor Vehicle Tax Guidebook 2011 - Texas Comptroller of Public ...

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Active duty military personnel have 60 county working<br />

days from the first use in <strong>Texas</strong> to title and register a<br />

vehicle. <strong>Tax</strong> is not due until that time.<br />

<strong>Motor</strong> <strong>Vehicle</strong>s Previously Titled and<br />

Registered with <strong>Tax</strong> Paid in <strong>Texas</strong><br />

Another state may require a former <strong>Texas</strong> resident or a<br />

<strong>Texas</strong> resident living temporarily in the other state to<br />

title a motor vehicle that the resident has previously<br />

registered and paid tax on in <strong>Texas</strong>. There is no liability<br />

for additional tax when the resident returns to <strong>Texas</strong><br />

with the same motor vehicle and presents a copy <strong>of</strong><br />

a tax receipt or other document showing that the<br />

taxpayer previously titled or registered that motor<br />

vehicle in the resident’s name in <strong>Texas</strong>.<br />

Leased <strong>Motor</strong> <strong>Vehicle</strong>s<br />

Use tax is due on motor vehicles brought into <strong>Texas</strong> for<br />

public highway use when leased outside <strong>of</strong> <strong>Texas</strong> by a<br />

<strong>Texas</strong> resident or by a person who is domiciled or doing<br />

business in <strong>Texas</strong>. The tax is the responsibility <strong>of</strong> the<br />

person bringing the motor vehicle into <strong>Texas</strong>.<br />

Credit is allowed for legally imposed sales tax paid by<br />

the lessor or the lessee up to the time when the lessee<br />

brings the motor vehicle into <strong>Texas</strong>. If additional tax is<br />

due to the other state, at the end <strong>of</strong> the lease the lessee<br />

may apply to the <strong>Comptroller</strong> for additional credit<br />

(refund).<br />

Calculating Use <strong>Tax</strong> Due<br />

For retail sales <strong>of</strong> new and used motor vehicles<br />

involving motor vehicle dealers licensed in other states,<br />

motor vehicle use tax is based on the vehicle’s sales<br />

price less any allowance for trade-in vehicle(s). <strong>Tax</strong><br />

paid in the other state reduces the <strong>Texas</strong> use tax. For<br />

example, if a <strong>Texas</strong> purchaser traded in a vehicle worth<br />

$6,000 for a $15,000 motor vehicle sold by a licensed<br />

Oklahoma dealer, and paid Oklahoma sales tax, the<br />

<strong>Texas</strong> purchaser owes <strong>Texas</strong> use tax as follows:<br />

Example:<br />

Total Sales Price $ 15,000<br />

Less Trade-In – 6,000<br />

<strong>Tax</strong>able Value $ 9,000<br />

<strong>Tax</strong> Rate x .0625<br />

Use <strong>Tax</strong> Due $ 562.50<br />

Less Credit for<br />

<strong>Tax</strong> Paid to<br />

Oklahoma – 180.00<br />

Net <strong>Texas</strong> Use <strong>Tax</strong> $ 382.50<br />

The selling dealer’s signature on the title application<br />

is an acceptable record <strong>of</strong> the sales price. The county<br />

TAC, however, can request the dealer’s invoice or sales<br />

receipt from the purchaser.<br />

For private-party purchases <strong>of</strong> used motor vehicles from<br />

out <strong>of</strong> state for <strong>Texas</strong> use, the motor vehicle tax requires<br />

an SPV calculation.<br />

New Resident <strong>Tax</strong><br />

• <strong>Tax</strong> Responsibility<br />

• New Resident Requirements<br />

• <strong>Motor</strong> <strong>Vehicle</strong>s Previously Titled and Registered<br />

With <strong>Tax</strong> Paid in <strong>Texas</strong><br />

• When the New Resident <strong>Tax</strong> Does Not Apply<br />

• Antique <strong>Motor</strong> <strong>Vehicle</strong>s<br />

• Military Personnel<br />

<strong>Tax</strong> Responsibility<br />

<strong>Texas</strong> law imposes a $90 new resident tax upon any<br />

motor vehicle purchased outside <strong>Texas</strong> and brought<br />

into <strong>Texas</strong> by a new resident when the motor vehicle<br />

was previously registered in the new resident’s name<br />

in another state or foreign country, or leased by the<br />

new resident in another state or foreign country prior<br />

to entering <strong>Texas</strong>. The lessor must have purchased the<br />

motor vehicle out <strong>of</strong> state.<br />

The tax is the new resident’s responsibility and must be<br />

paid within 20 county working days from the vehicle’s<br />

first use in <strong>Texas</strong> (60 county working days for active<br />

duty military personnel). The new resident pays the tax<br />

to the county TAC when the owner titles and registers<br />

the motor vehicle.<br />

Any qualifying vehicle brought into <strong>Texas</strong> within<br />

30 days <strong>of</strong> a person becoming a new <strong>Texas</strong> resident<br />

is qualified for the new resident tax, by <strong>Comptroller</strong><br />

policy. A vehicle documented to be in transit, but<br />

II-6<br />

<strong>Motor</strong> <strong>Vehicle</strong> <strong>Tax</strong> <strong>Guidebook</strong>

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