May a Texas vehicle rental company accept a photocopy of a motor vehicle rental exemption certificate from a school district?
Apply this to your situation
This page answers the general question as of 2002. Ezel answers yours, under current Texas tax law, with citations.
Plain-English summary
The Texas Comptroller said a motor vehicle rental company could accept a photocopy of an exemption certificate used by a school district.
The copy was sufficient if the rental was to a qualified exempt entity and the certificate had been properly completed and signed by an authorized agent. In the facts presented, the district completed and signed one certificate, copied it, and distributed the copies to its departments.
What this means for you
Vehicle rental companies
Under this letter, an original ink signature was not required on every copy. The important conditions were the renter's exempt status and a properly completed certificate signed by an authorized representative.
School districts and other exempt entities
Central preparation of a signed certificate followed by distributing photocopies was acceptable on these facts. Check current certificate and recordkeeping rules before relying on this 2002 response.
Common questions
Q: Did the Comptroller approve an unsigned certificate?
A: No. The certificate had to be properly completed and signed by an authorized agent; the rental company could accept a photocopy of that signed document.
Q: Did the answer apply to any renter?
A: No. The letter required the rental to be made to a qualified exempt entity, giving a school district as the example.
Citations and references
- The letter does not cite a specific Tax Code section or administrative rule.
Source
- STAR search: https://star.comptroller.texas.gov/search?doc_type_code=L&tax_type_code=MVT
- Opinion: https://star.comptroller.texas.gov/view/200205101L
Original ruling text
May 22, 2002
Dear **:
Thank you for your e-mail about an authorized signature on a motor vehicle
rental exemption certificate. I am pleased to be of assistance.
You stated that the ** Independent School District, an exempt
organization, has completed a motor vehicle rental exemption certificate, had
the certificate signed by an authorized person, made copies of the completed
and signed form, and issued these copies to its various departments for their
use. You are concerned about the signature and asked if a copied exemption
certificate is sufficient to meet the legal requirements of the form.
The rental company may accept a photocopy of the motor vehicle rental exemption
certificate as long as the rental is to a qualified exempt entity, such as a
school district, and the exemption certificate has been properly completed and
signed by an authorized agent of that entity.
The entire text of the Tax Code, a complete set of rules, and a wealth of other
information are available through our website at .
This opinion is based on the information presented. If there are additional or
different facts, the opinion could change.
If you need further assistance, I will be glad to help you. You may e-mail me
at , or you may call me toll-free at 1-800-531-5441,
extension 3-4622.
Sincerely,
Stefanie B. Medack
Tax Policy Division
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