Was an organization properly formed under former Texas electric-cooperative law exempt from motor vehicle sales tax?
Apply this to your situation
This page answers the general question as of 1979. Ezel answers yours, under current Texas tax law, with citations.
Plain-English summary
The organization was exempt from historical motor vehicle sales tax because it was properly formed under the cited electric-cooperative statute.
The letter applied section 30 of former Texas Revised Civil Statutes article 1528b against the tax imposed by former Texas Tax-General Annotated article 6.01(1).
Based on that status, the Motor Vehicle Sales Tax Division also said a request to refund motor vehicle sales tax already paid by the organization would be honored.
What this means for you
The exemption depended on the organization's legal formation under the specific former cooperative statute, not merely on performing electric-related activities.
Common questions
Q: Was the cooperative exempt from the motor vehicle sales tax?
A: Yes.
Q: Would the Comptroller honor a refund request?
A: The letter said it would.
Citations and references
- Texas Revised Civil Statutes Annotated art. 1528b, § 30
- Texas Tax-General Annotated art. 6.01(1)
Source
- STAR search: https://star.comptroller.texas.gov/search?doc_type_code=L&tax_type_code=MVT
- Opinion: https://star.comptroller.texas.gov/view/7904L2023A06
Original ruling text
April 10, 1979
RE:**
Dear Mr. **:
Thank you for your memorandum of April 2, 1979, explaining the activities of
the **, and for your patience and assistance in determining the
proper status of this organization for motor vehicle tax purposes.
As I informed you yesterday by telephone, we have determined that the
**, properly formed under the **, TEX. REV. CIV. STAT.
ANN. Art. 1528b, is exempted by 30 of that article from the motor vehicle
sales tax imposed by TEX. TAX.-GEN. ANN. Art. 6.01(1). I have accordingly
informed Mr. ** that a request for a refund of motor vehicle sales
tax paid by that organization will be honored.
I appreciate your cooperation in this matter, and that of Mr. **,
and I will be happy to discuss with you any aspect which may remain unclear.
Sincerely,
Patricia Brockway
Division Attorney
Motor Vehicle Sales Tax Division
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