Texas Administrative Code

Texas Administrative Code

TITLE 34	PUBLIC FINANCE
PART 1	COMPTROLLER OF PUBLIC ACCOUNTS
CHAPTER 3	TAX ADMINISTRATION
SUBCHAPTER F	MOTOR VEHICLE SALES TAX
RULE §3.65	Motor Vehicles Purchased Through Another Name

(a) If a vehicle is titled in the name of someone other than the buyer of the vehicle, the motor vehicle sales and use tax is due. If title to a motor vehicle that is titled in someone other than the buyer's name is subsequently transferred to the buyer, the following taxes apply.

(1) If the vehicle is transferred to the buyer and no consideration is given by the buyer, the $10 gift tax is due on this motor vehicle transfer.

(2) If the vehicle is transferred to the buyer and the buyer gives a consideration, the motor vehicle sales or use tax is due and shall be based on the consideration given.

(b) The motor vehicle sales or use tax is due when a motor vehicle is titled in the name of the parent or guardian of the vehicle buyer who has not reached the age of 21. The subsequent transfer of the title to this vehicle to the buyer is not a taxable transaction.

Source Note: The provisions of this §3.65 adopted to be effective January 1, 1976; amended to be effective September 13, 1978, 3 TexReg 3027; amended to be effective March 21, 1978, 4 TexReg 725; amended to be effective October 30, 1984, 9 TexReg 5387; amended to be effective November 24, 1987, 12 TexReg 4196.