Was Texas motor vehicle tax due when an owner transferred vehicle title to a living trust created for that same owner's benefit?
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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 said no motor vehicle tax was due when an owner transferred vehicle title into a living trust established for that same owner's benefit.
The short response did not address trusts for other beneficiaries, consideration, assumed debt, or later transfers out of the trust.
What this means for you
Vehicle owners and estate-planning professionals
The historical no-tax result was limited to a same-beneficiary living trust.
Title professionals
Current title documents and trust-transfer procedures should be verified separately.
Common questions
Q: Was the described transfer taxable?
A: No.
Q: Did the letter cover a trust for someone else?
A: No.
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/9308L1255B01
Original ruling text
August 27, 1993
Dear *:
This is in response to your letter dated August 6, 1993, requesting a
written statement regarding motor vehicle tax as it applies to a
vehicle's title being transferred into the name of a living trust.
Motor vehicle tax is not due when a vehicle is transferred from one name
into the name of a living trust that has been set up for the benefit of
the person that is transferring the vehicle into the living trust.
If you have any questions or need more information, please write or call
me at 1-800-531-5441, extension 5-0330, or 512/463-4600.
Sincerely,
Bettie Peterson
Tax Administration Division
NOTE: Previous Accession Number 93070141L.2 adn/or 9307141L
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