Official Summary Text
SB 1275, as amended, McNerney.
Sales and use tax exemption: vehicle license fee imposition: motor vehicles.
(1) Existing state sales and use tax laws impose a tax on retailers measured by the gross receipts from the sale of tangible personal property sold at retail in this state or on the storage, use, or other consumption in this state of tangible personal property purchased from a retailer for storage, use, or other consumption in this state. The Sales and Use Tax Law provides various exemptions from those taxes.
This bill would, on and after
January
July
1, 2027, and before
January
July
1, 2032, exempt from those taxes the gross receipts from the sale of, and the storage, use, or other consumption of
a used motor vehicle sold by specified dealers or their affiliates or
a new motor vehicle.
Existing law requires a bill authorizing a new tax expenditure to contain, among other things, specific goals the tax expenditure will achieve, detailed performance indicators, and data collection requirements.
This bill would exclude the exemption from that requirement.
The Bradley-Burns Uniform Local Sales and Use Tax Law authorizes counties and cities to impose local sales and use taxes in conformity with the Sales and Use Tax Law, and existing laws authorize districts, as specified, to impose transactions and use taxes in
accordance with the Transactions and Use Tax Law, which generally conforms to the Sales and Use Tax Law. Amendments to the Sales and Use Tax Law are automatically incorporated into the local tax laws.
This bill would provide that the exemption created by this bill does not apply to local sales and use taxes or transactions and use taxes.
Existing law imposes or dedicates certain state sales and use tax rates for local funding, including through the Local Revenue Fund 2011.
This bill would provide that the exemption created by this bill does not apply to those state sales and use tax rates imposed or dedicated for local government funding, including those rates for which revenues are deposited into the Local Revenue Fund 2011.
(2) The Vehicle License Fee Law imposes a license fee for the privilege of operating upon the public highways in this state of specified vehicles, including any vehicle of a type which is subject to registration under the Vehicle Code.
This bill would impose, on and after
January
July
1, 2027, and before
January
July
1, 2032, upon the
sale of a used motor vehicle sold by specified dealers or their affiliates or the
first sale of a new motor vehicle to a consumer, an additional license fee equal to
the amount of tax the purchaser would have paid but for the sales and use tax exemption provided for in this act.
3.9375% of the gross receipts from the sale.
The bill would require the dealer to collect the license fee, as described, and remit the funds. The bill would require the Department of Motor Vehicles to report the amounts collected to the California Department of Tax and Fee Administration and deposit those moneys in the General Fund.
This bill would include a change in state statute that would result in a taxpayer paying a higher tax within the meaning of
Section 3 of Article XIII A of the California Constitution, and thus would require for passage the approval of
2
/
3
of the membership of each house of the Legislature.
(3) This bill would take effect immediately as a tax levy.