Texas 2009 - 81st Regular

Texas Senate Bill SB995 Compare Versions

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1	1	By: Averitt S.B. No. 995
2	2	(In the Senate - Filed February 20, 2009; March 9, 2009,
3	3	read first time and referred to Committee on Finance;
4	4	March 31, 2009, reported favorably by the following vote: Yeas 14,
5	5	Nays 0; March 31, 2009, sent to printer.)
6	6
7	7
8	8	A BILL TO BE ENTITLED
9	9	AN ACT
10	10	relating to imposition of the motor vehicle sales tax on motor
11	11	vehicles transferred as the result of a gift.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Subdivision (1), Section 152.001, Tax Code, is
14	14	amended to read as follows:
15	15	(1) "Sale" includes:
16	16	(A) an installment and credit sale;
17	17	(B) an exchange of property for property or
18	18	money;
19	19	(C) an exchange in which property is transferred
20	20	but the seller retains title as security for payment of the purchase
21	21	price; [and]
22	22	(D) a transaction in which a motor vehicle is
23	23	transferred to another person without payment of consideration and
24	24	that does not qualify as a gift under Section 152.025; and
25	25	(E) any other closed transaction that
26	26	constitutes a sale.
27	27	SECTION 2. Subsection (a), Section 152.025, Tax Code, is
28	28	amended to read as follows:
29	29	(a) A tax is imposed on the recipient of a gift of a motor
30	30	vehicle. This section applies only if the person receiving the
31	31	motor vehicle:
32	32	(1) receives the vehicle from:
33	33	(A) the person's:
34	34	(i) spouse;
35	35	(ii) parent or stepparent;
36	36	(iii) grandparent or grandchild;
37	37	(iv) child or stepchild; or
38	38	(v) guardian; or
39	39	(B) a decedent's estate; or
40	40	(2) is exempt from federal income taxation under
41	41	Section 501(a), Internal Revenue Code of 1986, by being listed as an
42	42	exempt organization under Section 501(c)(3) of that code, and the
43	43	vehicle will be used for the purposes of the organization.
44	44	SECTION 3. Section 152.062, Tax Code, is amended by
45	45	amending Subsection (b) and adding Subsection (b-1) to read as
46	46	follows:
47	47	(b) The statement must be in the following form:
48	48	(1) if a motor vehicle is sold, the seller and
49	49	purchaser shall make a joint statement of the then value in dollars
50	50	of the total consideration for the vehicle; [or]
51	51	(2) if the ownership of a motor vehicle is transferred
52	52	as the result of an [a gift or] even exchange, the principal parties
53	53	shall make a joint statement describing the nature of the
54	54	transaction; or
55	55	(3) if the ownership of a motor vehicle is transferred
56	56	as the result of a gift, the principal parties shall make a joint
57	57	statement describing the nature of the transaction and the
58	58	relationship between the principal parties.
59	59	(b-1) A joint statement required by Subsection (b)(3) must
60	60	be notarized.
61	61	SECTION 4. This Act applies only to a joint statement
62	62	relating to the transfer of a motor vehicle as a result of a gift
63	63	that is filed with a tax assessor-collector of a county on or after
64	64	the effective date of this Act. A joint statement that is filed
65	65	before that date is governed by the law in effect on the date the
66	66	statement is filed, and that law is continued in effect for that
67	67	purpose.
68	68	SECTION 5. The change in law made by this Act does not
69	69	affect tax liability accruing before the effective date of this
70	70	Act. That liability continues in effect as if this Act had not been
71	71	enacted, and the former law is continued in effect for the
72	72	collection of taxes due and for civil and criminal enforcement of
73	73	the liability for those taxes.
74	74	SECTION 6. This Act takes effect September 1, 2009.
75	75	* * * * *