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TX 8104L0329B09 Motor Vehicle Tax 1981-04-24

How did Texas historically tax vehicles bought or brought into Texas by military personnel?

Short answer: Military personnel had no general exemption. Texas purchases drew historical four-percent sales tax, and out-of-state vehicles brought in by a Texas resident, domiciliary, or business drew four-percent use tax with credit for tax paid to another state. A person transferred to Texas on military orders could instead pay a historical $15 new-resident tax if the vehicle was already registered in that person's name and Texas was not the home of record.

Apply this to your situation

This page answers the general question as of 1981. Ezel answers yours, under current Texas tax law, with citations.

Currency note: this ruling is from 1981
Subsequent statutory amendments, regulation changes, court decisions, or later rulings may have changed the analysis. Treat this page as historical context, not current tax advice. Verify current law before relying on any specific rule, rate, or position mentioned here.
Disclaimer: This is general April 1981 Comptroller guidance. STAR expressly warns that the four-percent rates are not current, and the $15 new-resident amount is historical. Military protections, home-of-record tests, registration, title, residency, domicile, business nexus, other-state credit, and tax collection may have changed. This document is not taxpayer-specific modern reliance guidance. STAR documents may no longer represent current policy even when not marked superseded. Identifying details are redacted. This summary is informational only and is not legal or tax advice.
About this page: The plain-English summary, reader guidance, and Q&A below were written by Ezel based on the official state tax ruling. The original ruling (linked on this page) is the authoritative source for any reliance.

Plain-English summary

Military status did not create a general Texas motor vehicle sales or use tax exemption.

Texas purchases drew a historical four-percent sales tax. Out-of-state vehicles brought to Texas by a resident, domiciliary, or business drew four-percent use tax, reduced by sales tax paid to another state.

A service member transferred to Texas on military orders could pay a historical $15 new-resident tax instead if the vehicle was already registered in that person's name and Texas was not the home of record.

What this means for you

Military orders, home of record, prior registration, purchase location, and tax paid elsewhere were distinct facts. Verify current state and federal rules.

Common questions

Q: Was military status alone an exemption?
A: No.

Q: When did the historical $15 amount apply?
A: For a qualifying transferee whose home of record was not Texas.

Citations and references

The letter cites no numbered statute or rule. All printed rates and amounts are historical.

Source

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.

April 24, 1981




Dear ***:

Thank you for your letter of April 17, 1981, requesting an explanation of our tax law as it relates to military personnel.

Our Statute does not exempt military personnel from motor vehicle sales or use tax. Therefore, they will owe sales or use tax if they purchase or register their vehicles in Texas. Basically the tax is as follows:

Every retail sale of a motor vehicle in Texas is subject to four percent motor vehicle sales tax. The tax is paid when the vehicle is titled and registered at the county tax office.

Any vehicle purchased outside Texas and brought into Texas for use on the hiway by a person who is either a resident, domiciled or doing business in Texas is subject to four percent motor vehicle use tax. This tax, like our sales tax, is paid at the county tax office. Any sales tax paid to another state may be used as credit against the use tax.

If a person brings a vehicle registered in his name when he is transferred to Texas on military ordrs, he may pay a $15 new resident use tax instead of the four percent use tax provided Texas is not his home of record. This tax like the sales tax is paid at the county tax office when the vehicle is titled and registered in Texas.

I'm enclosing a couple of general information brochures.

Please don't hesitate to call if you have any questions.

Respectfully yours,

Adina Harrel

Motor Vehicle Sales Tax Division

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