Texas 2023 - 88th Regular

Texas House Bill HB4602

Filed
3/9/23  
Out of Senate Committee
 
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the collection, remittance, and administration of certain taxes on motor vehicles rented through a marketplace rental provider; imposing a penalty.

Impact

The implementation of HB 4602 is expected to significantly affect local government revenues by ensuring that taxes are collected from a sector that has previously not adhered to traditional rental car tax structures. The bill aims to level the playing field between traditional rental companies and newer marketplace providers, which many believe will lead to increased compliance and fair tax collection practices. This shift will also help local municipalities regain some lost revenue from the influx of peer-to-peer car rental services.

Summary

House Bill 4602 focuses on the taxation of motor vehicles rented through marketplace rental providers. This legislation mandates that these providers collect, report, and remit taxes on gross rental receipts to local governments. The bill specifies the roles and responsibilities imposed on marketplace rental providers, ensuring they add applicable taxes to the rental charges and manage the remittance effectively. The intent is to create a more uniform system for taxing rentals that reflects the growing trend of car sharing and peer-to-peer rental services.

Sentiment

Sentiment around HB 4602 is mixed. On one hand, proponents, such as traditional rental companies and local government representatives, argue that the bill provides necessary regulatory clarity and fairness among different rental service providers. They believe it will ensure that all entities contributing to the local economy are taxed equally. In contrast, opponents, particularly those from peer-to-peer rental platforms, view the bill as an imposition of burdensome regulations that may hinder innovation and competition in the market.

Contention

Notable points of contention include the penalties for non-compliance outlined within the bill, which some stakeholders view as excessive. Critics argue that imposing strict penalties could deter individuals from participating in marketplace rental activities. Additionally, there are concerns surrounding the overall feasibility of the new tax collection process imposed on marketplace rental providers and whether it will function effectively without putting undue stress on these businesses.

Texas Constitutional Statutes Affected

Local Government Code

  • Chapter 334. Sports And Community Venues
    • Section: 105
    • Section: 109
    • Section: 110
    • Section: 111

Tax Code

  • Chapter 152. Taxes On Sale, Rental, And Use Of Motor Vehicles
    • Section: New Section
    • Section: 045
    • Section: 063
    • Section: 065
    • Section: New Section
    • Section: 026
    • Section: 045
    • Section: 063
    • Section: 065

Companion Bills

TX SB1498

Identical Relating to the collection, remittance, and administration of the tax on gross rental receipts on motor vehicles rented through a marketplace rental provider; imposing a penalty.

Similar Bills

AR SB329

To Create The Online Marketplace Guarantees Act.

TX SB1713

Relating to a study on sales and use tax compliance.

TX SB1578

Relating to the collection, remittance, and administration of certain taxes on motor vehicles rented through a marketplace rental provider.

TX HB2872

Relating to the collection, remittance, and administration of certain taxes on motor vehicles rented through a marketplace rental provider.

TX SB1363

Relating to the collection, remittance, and administration of certain taxes on motor vehicles rented through a marketplace rental provider; imposing a penalty.

TX SB890

Relating to the administration and collection of sales and use taxes applicable to sales involving marketplace providers.

TX HB1525

Relating to the administration and collection of sales and use taxes applicable to sales involving marketplace providers.

TX HB2415

Relating to the collection, remittance, and administration of certain taxes on motor vehicles rented through a marketplace rental provider; imposing a penalty.