What tax-collection and title-filing duties did Texas impose on licensed vehicle dealers beginning January 1, 1996?
Apply this to your situation
This page answers the general question as of 1996. Ezel answers yours, under current Texas tax law, with citations.
Plain-English summary
The Texas Comptroller said Senate Bill 1445 required every licensed motor vehicle dealer, beginning January 1, 1996, to collect motor vehicle sales tax on taxable sales, including cash sales.
The dealer had to remit the tax to the county tax assessor-collector within 20 county working days. The dealer could submit the tax and paperwork in the county of either the seller or purchaser.
The dealer also had to complete and file the documents necessary to transfer title or register the vehicle within the same historical deadline. When a sale was exempt, the dealer needed records explaining why tax was not collected.
What this means for you
Motor vehicle dealers
The 1996 change put collection responsibility on licensed dealers even for cash transactions.
Title staff and dealership accountants
Tax remittance, exemption documentation, and title or registration filing were linked operational duties.
Common questions
Q: Did the collection rule include cash sales?
A: Yes.
Q: What deadline did the letter state?
A: 20 county working days.
Q: Did exempt sales need records?
A: Yes.
Citations and references
- Texas Senate Bill 1445, 74th Legislature — cited for the duties effective January 1, 1996.
- 34 Tex. Admin. Code Rule 3.90 — enclosed guidance for vehicles purchased for use outside Texas.
Source
- STAR search: https://star.comptroller.texas.gov/search?doc_type_code=L&tax_type_code=MVT
- Opinion: https://star.comptroller.texas.gov/view/9601936L
Original ruling text
January 3, 1996
Dear ** :
I have received your letter requesting information regarding the motor vehicle
dealer's responsibilities when selling a motor vehicle.
The 74th Texas Legislature passed Senate Bill 1445 requiring (effective January
1, 1996) all licensed motor vehicle dealers to collect motor vehicle sales tax
on taxable sales (including cash sales). Dealers must remit this tax to the
local county tax assessor-collector within the usual 20 county working days; as
before, the tax and paperwork may be submitted to the tax assessor-collector in
the county of either the seller or purchaser. If the sale is exempt from motor
vehicle tax (e.g., IMC vehicles or vehicles purchased for use outside of Texas
only), you will want to document in your records why sales tax was not
collected. I am enclosing a copy of Rule 3.90, Motor Vehicles Purchased for
Use Outside of Texas, for your review.
The bill also requires the selling dealer to complete and file all documents
necessary to transfer title and/or register the motor vehicle in the name of
the purchaser (also within the usual 20 county working days). For specifics
regarding the registration/titling requirements, you may contact the Texas
Department of Transportation, Vehicle Title and Registration Division,
Correspondence Section, 40th & Jackson, Austin, Texas 78779.
This opinion is based on the facts presented. If there are additional or
different facts, the opinion could change.
If you have any further tax questions, please don't hesitate to call one of our
tax specialists toll-free at 1-800-252 1382. The direct number is
512/463-4600. You may also write to Tax Policy Division, Comptroller of Public
Accounts.
Sincerely,
Joan Hale
Tax Policy Division
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