Bill Text: TX HB315 | 2013-2014 | 83rd Legislature | Enrolled
Bill Title: Relating to the applicability of the law governing the ad valorem taxation of a dealer's motor vehicle inventory.
Sponsorship: Partisan Bill (Republican 2)
Status: (Passed) 2013-06-14 - Effective on 1/1/14 [HB315 Detail]
Download: Texas-2013-HB315-Enrolled.html
| H.B. No. 315 | ||
|
|
||
| relating to the applicability of the law governing the ad valorem | ||
| taxation of a dealer's motor vehicle inventory. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 23.121(a)(3), Tax Code, is amended to | ||
| read as follows: | ||
| (3) "Dealer" means a person who holds a dealer's | ||
| general distinguishing number issued by the Texas Department of | ||
| Motor Vehicles under the authority of Chapter 503, Transportation | ||
| Code, or who is legally recognized as a motor vehicle dealer | ||
| pursuant to the law of another state and who complies with the terms | ||
| of Section 152.063(f). The term does not include: | ||
| (A) a person who holds a manufacturer's license | ||
| issued under Chapter 2301, Occupations Code; | ||
| (B) an entity that is owned or controlled by a | ||
| person who holds a manufacturer's license issued under Chapter | ||
| 2301, Occupations Code; [ |
||
| (C) a dealer whose general distinguishing number | ||
| issued by the Texas Department of Motor Vehicles under the | ||
| authority of Chapter 503, Transportation Code, prohibits the dealer | ||
| from selling a vehicle to any person except a dealer; or | ||
| (D) a dealer who: | ||
| (i) does not sell motor vehicles described | ||
| by Section 152.001(3)(A); | ||
| (ii) meets either of the following | ||
| requirements: | ||
| (a) the total annual sales from the | ||
| dealer's motor vehicle inventory, less sales to dealers, fleet | ||
| transactions, and subsequent sales, for the 12-month period | ||
| corresponding to the preceding tax year are 25 percent or less of | ||
| the dealer's total revenue from all sources during that period; or | ||
| (b) the dealer did not sell a motor | ||
| vehicle to a person other than another dealer during the 12-month | ||
| period corresponding to the preceding tax year and the dealer | ||
| estimates that the dealer's total annual sales from the dealer's | ||
| motor vehicle inventory, less sales to dealers, fleet transactions, | ||
| and subsequent sales, for the 12-month period corresponding to the | ||
| current tax year will be 25 percent or less of the dealer's total | ||
| revenue from all sources during that period; | ||
| (iii) not later than August 31 of the | ||
| preceding tax year, filed with the chief appraiser and the | ||
| collector a declaration on a form prescribed by the comptroller | ||
| stating that the dealer elected not to be treated as a dealer under | ||
| this section in the current tax year; and | ||
| (iv) renders the dealer's motor vehicle | ||
| inventory in the current tax year by filing a rendition with the | ||
| chief appraiser in the manner provided by Chapter 22. | ||
| SECTION 2. Section 23.121, Tax Code, is amended by adding | ||
| Subsection (a-1) to read as follows: | ||
| (a-1) A dealer who has elected to file the declaration | ||
| described by Subsection (a)(3)(D)(iii) and to render the dealer's | ||
| motor vehicle inventory as provided by Subsection (a)(3)(D)(iv) | ||
| must continue to file the declaration and render the dealer's motor | ||
| vehicle inventory so long as the dealer meets the requirements of | ||
| Subsection (a)(3)(D)(ii)(a) or (b). | ||
| SECTION 3. This Act applies only to the ad valorem taxation | ||
| of a dealer's motor vehicle inventory for a tax year beginning on or | ||
| after the effective date of this Act. | ||
| SECTION 4. This Act takes effect January 1, 2014. | ||
| ______________________________ | ______________________________ | |
| President of the Senate | Speaker of the House | |
| I certify that H.B. No. 315 was passed by the House on May 10, | ||
| 2013, by the following vote: Yeas 143, Nays 0, 2 present, not | ||
| voting; and that the House concurred in Senate amendments to H.B. | ||
| No. 315 on May 24, 2013, by the following vote: Yeas 146, Nays 0, 1 | ||
| present, not voting. | ||
| ______________________________ | ||
| Chief Clerk of the House | ||
| I certify that H.B. No. 315 was passed by the Senate, with | ||
| amendments, on May 22, 2013, by the following vote: Yeas 31, Nays | ||
| 0. | ||
| ______________________________ | ||
| Secretary of the Senate | ||
| APPROVED: __________________ | ||
| Date | ||
| __________________ | ||
| Governor | ||
