88R9803 BEF-D
By: Oliverson, Shine H.B. No. 4094
A BILL TO BE ENTITLED
AN ACT
relating to a refund of sales and use taxes paid on the purchase of
certain aircraft leased for flight instruction.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 163, Tax Code, is amended by adding
Section 163.010 to read as follows:
Sec. 163.010. REFUND OF TAX ON PURCHASE OF AIRCRAFT LEASED
FOR FLIGHT INSTRUCTION. (a) In this section, "operational
control" has the meaning assigned by Section 163.002(b).
(b) A purchaser of an aircraft is entitled to apply for and
receive a refund in the amount provided by Subsection (c) of the tax
imposed under Chapter 151 and paid on the purchase of the aircraft
if the purchaser enters into a written lease agreement for a term of
at least 24 months under which the purchaser transfers operational
control of at least 50 percent of the aircraft's departures to a
lessee described by Section 151.328(a)(2). The aircraft must be
used in accordance with the terms of the lease agreement.
(c) The amount of the refund is a percentage of the tax paid
on the purchase of the aircraft equal to the percentage of the
aircraft's departures for which operational control is transferred
under the agreement under Subsection (b).
SECTION 2. The change in law made by this Act does not
affect tax liability accruing before the effective date of this
Act. That liability continues in effect as if this Act had not been
enacted, and the former law is continued in effect for the
collection of taxes due and for civil and criminal enforcement of
the liability for those taxes.
SECTION 3. This Act takes effect September 1, 2023.