Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 3 - TAX ADMINISTRATION › Subchapter F - MOTOR VEHICLE SALES TAX › Section 3.79 - Standard Presumptive Value

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Definitions. The following words and terms, when used in this section, shall
				  have the following meanings, unless the context clearly indicates otherwise.
(1) Appraised value--The taxable value of a
				  used motor vehicle for the purpose of calculating motor vehicle sales tax due
				  on the date of a certified appraisal.
(2) County working day--A day in which a
				  county tax office is open for business to the public.
(3) Date of purchase--Same as date of sale;
				  the day the motor vehicle is delivered to the purchaser unless otherwise
				  specified by written agreement.
(4)
				  Dealer--A person who holds a license issued pursuant to Transportation Code,
				  Chapter 503, Subchapter B, or under similar regulatory requirements of another
				  state. The term includes:
(A) a dealer who
				  holds a franchised dealer's license issued under Occupation Code, Chapter 2301
				  authorized by law and by franchise agreement to offer for sale a new motor
				  vehicle;
(B) an independent dealer
				  authorized by law to offer for sale a motor vehicle other than a new motor
				  vehicle;
(C) a wholesale motor
				  vehicle dealer;
(D) a wholesale
				  auction dealer;
(E) a motorcycle
				  dealer;
(F) a house trailer
				  dealer;
(G) a trailer or
				  semitrailer dealer;
(H) an
				  independent mobility motor vehicle dealer; or
(I) any other dealer as provided by
				  Transportation Code, Chapter 503, Subchapter B, but not a drive-a-way operator
				  or a salvage vehicle dealer as defined pursuant to Transportation Code, §
												501.091(17).
(5) Insurance adjuster--A person
				  licensed under Insurance Code, Chapter 4101, or licensed or operating under
				  similar regulatory requirements of another state.
(6) Motor vehicle--A self-propelled vehicle
				  designed to transport persons or property upon the public highways and a
				  vehicle designed to be towed by a self-propelled vehicle while carrying
				  property. The term includes trucks, truck tractors, motor homes, automobiles,
				  trailers, trailers sold unassembled in a kit, semitrailers, house trailers,
				  travel trailers, dollies, jeeps, stingers, auxiliary axles, converter gears,
				  truck cab/chassis, and motorcycles. A unit that meets the definition of a
				  "motor vehicle" does not lose its identity as a motor vehicle if tangible
				  personal property is added to the vehicle allowing the unit to perform a
				  specialized function but prohibiting the vehicle from transporting separate
				  property or persons other than the driver. An example of such a vehicle would
				  be a truck cab/chassis upon which oil well servicing equipment is
				  attached.
(7) Private-party
				  transaction--A retail sale of a motor vehicle in which no party is a
				  dealer.
(8) Retail sale--A sale of
				  a motor vehicle other than:
(A) a sale of a
				  new motor vehicle in which the purchaser is a franchised dealer who is
				  authorized by law and by franchise agreement to offer the vehicle for sale as a
				  new motor vehicle and who acquires the vehicle to sell in a manner provided by
				  law or for purposes allowed under Transportation Code, Chapter 503;
(B) a sale of a vehicle other than a new
				  motor vehicle in which the purchaser is a dealer who holds a dealer's license
				  issued under Transportation Code, Chapter 503, and who acquires the vehicle
				  either for the exclusive purpose of resale in the manner provided by law or for
				  purposes allowed under Transportation Code, Chapter 503; or
(C) a sale to a franchised dealer of a new
				  motor vehicle removed from the franchised dealer's inventory for the purpose of
				  entering into a contract to lease the vehicle to another person if, immediately
				  after executing the lease contract, the franchised dealer transfers title of
				  the vehicle and assigns the lease contract to the lessor of the
				  vehicle.
(9) Standard
				  presumptive value--The private-party transaction value of a motor vehicle, as
				  determined by the Texas Department of Motor Vehicles based on an appropriate
				  regional guidebook of a nationally recognized motor vehicle value guide
				  service, or based on another motor vehicle guide publication that the
				  department determines is appropriate if a private-party transaction value for
				  the motor vehicle is not available from a regional guidebook.
(10) Used motor vehicle--A motor vehicle that
				  previously has been the subject of a retail sale.