Were vehicle freight charges and dealer documentary fees included in the historical Texas motor vehicle tax base?
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
Freight incurred before a vehicle sale was taxable, while transportation after the sale was not. Pre-sale shipping was part of vehicle cost.
A dealer documentary fee for optional paperwork and transfer handling was also not taxable because it was a service charge outside the vehicle price.
What this means for you
Determine when the sale occurred and what the fee purchased. Pre-sale seller costs and separate post-sale buyer services received different treatment.
Common questions
Q: Was manufacturer-to-dealer freight taxable?
A: Yes under the stated rule.
Q: Was the documentary fee taxable?
A: No under the described optional service.
Citations and references
The letter cites no numbered statute or rule. Its four-percent rate is historical.
Source
- STAR search: https://star.comptroller.texas.gov/search?doc_type_code=L&tax_type_code=MVT
- Opinion: https://star.comptroller.texas.gov/view/7911L2025C01
Original ruling text
ALERT: The tax rates cited in this article are no longer the current motor vehicle sales tax
or motor vehicle rental tax rates.
COMPTROLLER OF PUBLIC ACCOUNTS
STATE OF TEXAS
AUSTIN, TEXAS 78774
November 8, 1979
Dear ***:
The Motor Vehicle Tax statute imposes a 4% sales tax on the total purchase price of a motor vehicle. The total price includes shipping and freight charges occurring prior to the sale of the vehicle because they are considered a part of the cost of the vehicle. Transportation or shipping charges that occur after the sale are not taxable.
The administrative cost you mentioned is commonly called a documentary fee which is a charge for preparing the paper work and handling the transfer of a vehicle for the customer. The dealer is not required to provide this service. Any recourse for a documentary fee would be between you and the dealer. I might add that a documentary fee is not subject to tax. It is a charge for a service and is not part of the price of the vehicle.
If you have any further questions regarding the motor vehicle sales tax you might write or call toll free 1-800-252-5555 from anywhere in Texas.
Yours truly,
Richard Montgomery, Director
Motor Vehicle Sales Tax Division
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