Could a buyer title a vehicle tax-free before planned disability-related modifications were completed?
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This page answers the general question as of 1993. Ezel answers yours, under current Texas tax law, with citations.
Plain-English summary
The Texas Tax Administration Division allowed tax-free title under the historical disability exemption before planned vehicle modifications were completed.
The claimant had to provide a written statement identifying the modification, when it would be performed, and where it would be performed.
The work had to be completed within a reasonable period after purchase, and documentation of completion then had to be sent to the Comptroller.
What this means for you
Vehicle buyers with disabilities and adaptive-equipment installers
The historical exemption required specific advance documentation and timely follow-through.
Motor vehicle dealers and title professionals
An undocumented future intent was not the procedure described in the letter.
Common questions
Q: Could title be issued tax-free before modification?
A: Yes, with the required written statement.
Q: Was later proof required?
A: Yes.
Citations and references
- The letter did not identify a statute or administrative rule by number.
Source
- STAR search: https://star.comptroller.texas.gov/search?doc_type_code=L&tax_type_code=MVT
- Opinion: https://star.comptroller.texas.gov/view/9301L1220A01
Original ruling text
January 27, 1993
Dear **:
This is in response to your letter dated January 14, 1993, regarding
motor vehicle tax as it applies to vehicles purchased with the intent
to modify the vehicle for an orthopedically handicapped individual.
It is acceptable to title a vehicle tax free under the orthopedic
exemption when a person provides a written statement identifying the
type of modification, when and where it will be performed.
The modification should be done within a reasonable period of time from
the purchase date. Documentation that the modification was done should
be forwarded to this office at that time.
This opinion is based on the facts presented. Different facts, though
similar, might lead to different answers. If you have any questions,
feel free to write or call me at 1-800-531-5441, extension 5-0330, or
512/463-4600.
Sincerely,
Bettie Peterson
Tax Administration Division
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