Did the exempt value of disability-related vehicle modifications carry over when a used modified vehicle was sold to another qualifying disabled buyer?

Short answer Yes. The modification portion remained exempt, but the buyer registering the vehicle had to prove its value and qualify under the special-parking standard.
State
CA
Ruling
Annotation 585.0317
Tax type
Sales and Use Tax
Issued
1985-09-05
Issued by
California State Board of Equalization
Requested by
Internal memorandum to A. L. Cade

Apply this to your situation

This page answers the general question as of 1985. Ask about yours and see what current California tax law says, with citations.

Currency note: this ruling is from 1985
Subsequent statutory amendments, regulation changes, court decisions, or later rulings may have changed the analysis. Treat this page as historical context, not current tax advice. Verify current law before relying on any specific rule, rate, or position mentioned here.
Disclaimer: This is a historical California State Board of Equalization internal memorandum dated September 5, 1985, published by CDTFA as support for a sales and use tax annotation. The source uses period terminology and limits the qualifying class to persons described in the then-current Vehicle Code special-parking provision. The exemption covers only the value of the modification portion. Another taxpayer should check current disability-access, vehicle, valuation, and exemption rules. This summary is informational only and is not legal or tax advice.
About this page: The plain-English summary, reader guidance, and Q&A below were written by Ezel based on the official state tax ruling. The original ruling (linked on this page as a PDF) is the authoritative source for any reliance.
View original ruling (PDF)

Plain-English summary

A vehicle had already been modified for use by a person with a physical disability and was later sold to another qualifying disabled buyer.

Counsel said the section 6369.4 exemption continued for the modification portion on the later sale. The exemption did not cover the entire vehicle.

The next owner had to qualify under the Vehicle Code section 22511.5 special-parking standard and had the burden of proving to DMV or Board staff the value attributable to the exempt modifications.

What this means for you

Buyers of used accessible vehicles

The historical exemption followed the qualifying modifications into a later sale, but only for their supported value.

Accountants and tax professionals

Separate the base vehicle value from the accessibility equipment and installation value. Preserve invoices, appraisals, or other evidence and confirm the buyer meets the current eligibility standard.

Common questions

Q: Did the exemption disappear on resale?

A: No. It continued for the modification portion when the next buyer qualified.

Q: Was the entire vehicle exempt?

A: No. Only the value of the qualifying modifications was exempt.

Q: Who had to prove the exempt value?

A: The subsequent owner registering the vehicle.

Q: Where was proof presented?

A: To DMV or Board staff.

Citations and references

  • California Revenue and Taxation Code § 6369.4
  • California Vehicle Code § 22511.5

Source

Original ruling text

State of California

Board of Equalization

Memorandum

585.0317

To:

A. L. Cade

From:

Donald J. Hennessy

Subject:

Modifications to Vehicles for the Physically Handicapped

Date:

September 5, 1985

This is in reply to your memorandum of July 11, 1985. You ask whether subsequent sales of vehicles for physically handicapped persons, do the modifications continue to receive an exemption status under Revenue and Taxation Code Section 6369.4. As you are aware, Section 6369.4 provides: “There are exempted from the taxes imposed by this part the gross receipts from the sale, and the storage, use, or other consumption, in this state of items and materials when used to modify a vehicle for physically handicapped persons.” Pursuant to Section 6369.4, we are of the opinion that in subsequent sales of modified vehicles to physically handicapped persons, the modified portion of the vehicle continues to be exempt from use tax. We note that the term “physically handicapped” persons, as used in Section 6369.4 includes only those disabled persons described in California Vehicle Code Section 22511.5 as qualified for special parking privileges. As a practical matter, the subsequent owner of a modified vehicle, qualifying as a handicapped person, as that term in defined in California Vehicle Code Section 22511.5, has the responsibility of proving to the Department of Motor Vehicles, or to Board staff, the value of the modified portion of the vehicle, as Section 6369.4 only exempts the modified portion of the vehicle from use tax. DJH:ba

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