Texas Senate Bill SB995

Texas 2009 - 81st Regular

• Out of Senate Committee: 3/31/09

Caption

Relating to imposition of the motor vehicle sales tax on motor vehicles transferred as the result of a gift.

Impact

The passage of SB995 would bring significant changes to the existing framework governing motor vehicle transfers. Previously, certain transfers of vehicles as gifts may not have been taxable under current law, but this bill will ensure that such transactions invoke tax responsibilities, thereby potentially increasing state revenue. Moreover, the bill emphasizes that transactions must be reported via a notarized statement, which adds a layer of accountability to the process and aligns tax assessments more closely with actual transactions.

Summary

SB995 seeks to amend the Texas Tax Code concerning the imposition of sales tax on motor vehicles transferred as gifts. Under the proposed legislation, a tax will be levied on the recipient of a motor vehicle received as a gift, with specific provisions regarding the relationships between the parties involved in the transaction. The bill stipulates that the tax applies if the vehicle is received from close family members or a decedent's estate, thus creating a clearer legal framework around gift transactions involving motor vehicles.

Contention

Discussions surrounding SB995 may invoke debates regarding fairness and the economic impact on families who wish to transfer vehicles among relatives. While proponents may argue that this creates a more comprehensive tax system, opponents could see this as an unnecessary burden, especially on low-income families who may be trying to pass on assets without financial exchanges. The requirement for a notarized statement and tax assessment could be viewed as a bureaucratic hurdle that complicates what is often a personal and informal exchange amongst family members.