Texas 2023 - 88th Regular

Texas Senate Bill SB1498

Voted on by Senate
 
Out of House Committee
 
Voted on by House
 
Governor Action
 
Bill Becomes Law
 

Caption

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.

Impact

If enacted, SB1498 will adjust existing state laws on how rental taxes are collected. It implements a new tax structure that allows rental vehicles through marketplace providers to be taxed at a lower rate of 6.25% compared to the standard 10% tax rate for traditional rentals. This adjustment is expected to promote the use of marketplace providers and could lead to increased competition in the rental vehicle market. The bill also stipulates that marketplace rental providers must collect and remit this tax, which should streamline the entire process of tax collection on rental vehicles.

Summary

Senate Bill 1498 seeks to modify the collection, remittance, and administration of taxes on gross rental receipts specifically targeting motor vehicles rented through marketplace rental providers. The bill introduces a collection mechanism aimed at leveling the playing field between traditional and marketplace rental providers, ensuring that the tax implications are fairly applied across different rental entities. It sets to reframe the tax rates, reducing the tax burden for marketplace rentals while simultaneously outlining penalties for non-compliance with filing reports related to the gross rental receipts tax.

Sentiment

The sentiment surrounding SB1498 has been mixed. Supporters, particularly within the rental car industry, argue that the bill represents a step towards a fairer tax system that can help modernize and support the growth of marketplace rental services. However, critics assert that the bill may exacerbate existing inequities among rental providers and potentially decrease revenue for the state. Arguments for the bill originated mainly from proponents advocating for reduced financial burdens on consumers, while opposition highlighted concerns about the implications for existing rental businesses unable to compete on price.

Contention

One notable point of contention in discussions around SB1498 relates to whether the bill constitutes new revenue generation. Legislative feedback indicates that there are constitutional questions regarding its implications for state revenue, which led to calls for further examination of the bill. Opponents emphasized the potential risks of allowing marketplace providers to dominate the market, thereby undermining traditional rental agencies. As the discussion continues, the balance between modernizing rental tax regulations and safeguarding equitable competition remains a key focus.

Texas Constitutional Statutes Affected

Tax Code

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

Companion Bills

TX HB4602

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

Similar Bills

CA AB1790

Marketplaces: marketplace sellers.

CA AB1402

Marketplace facilitator: fee collection.

MI HB5745

Sales tax: other; nexus of marketplace facilitators; clarify. Amends sec. 2d of 1933 PA 167 (MCL 205.52d).

MI SB0930

Sales tax: other; nexus of marketplace facilitators; clarify. Amends sec. 2d of 1933 PA 167 (MCL 205.52d).

MI SB0229

Sales tax: other; deduction or exclusion and audit of qualified delivery network sales; provide for. Amends sec. 2d of 1933 PA 167 (MCL 205.52d).

MI HB5746

Sales tax: collections; certain requirements imposed on marketplace facilitators related to tax collections; provide exceptions and waivers. Amends sec. 5c of 1937 PA 94 (MCL 205.95c).

CA SB301

Marketplaces: online marketplaces.

CA SB1312

Marketplace facilitators: passenger vehicle rental companies.