HB0161 - Motor vehicles sales tax adjustment.

 

2001

State of Wyoming

01LSO-0337

 

 

 

HOUSE BILL NO.  HB0161

 

 

Motor vehicles sales tax adjustment.

 

Sponsored by:  Representative(s) Childers, Deegan,
Huckfeldt, Jones, Simpson and Wostenberg and
Senator(s) Barton, Cathcart, Coe, Larson and
Sessions

 

 

A BILL

 

for

 

 1  AN ACT relating to motor vehicle sales and use taxes;
 2  allowing a sales or use tax adjustment to purchasers of
 3  motor vehicles who have sold a previously owned vehicle or
 4  vehicles within a specified time of the purchase and
 5  registration of a replacement vehicle; and providing for an
 6  effective date.

 7 

 8  Be It Enacted by the Legislature of the State of Wyoming:

 9 

10         Section 1.  W.S. 39-15-101(a)(viii) and by creating a
11  new paragraph (xvii) and 39-16-101(a)(iv) and by creating a
12  new paragraph (xii) are amended to read:

13 

14         39-15-101.  Definitions.

15 

 

Page  1

 

 

 

 1         (a)  As used in this article:

 2 

 3              (viii)  "Sales price" means the consideration
 4  paid by the purchaser of tangible personal property
 5  excluding:

 6 

 7                   (A)  The actual trade-in value allowed on
 8  tangible personal property and manufacturer rebates for
 9  motor vehicles exchanged at the time of transaction;,

10 

11                   (B)  The value of a previously owned motor
12  vehicle sold within forty-five (45) days before or
13  following the purchase of a replacement vehicle but prior
14  to registration and payment of the sales tax on the
15  replacement vehicle, by the person who has the tax
16  liability for the replacement vehicle, if the previously
17  owned vehicle was not traded in to the vendor from whom the
18  replacement vehicle was purchased and the person presents a
19  notarized bill of sale for the previously owned vehicle
20  indicating to whom the vehicle was sold, signed by both the
21  buyer and seller specifying the year, make and vehicle
22  identification number. The value of the previously owned
23  vehicle shall be based upon the sales price specified on
24  the notarized bill of sale, but in no case shall it exceed

Page  2

 

 

 

 1  the retail value of the vehicle as set forth in a current
 2  edition of any nationally recognized compilation of retail
 3  values;

 4 

 5                   (C)  Admissions or services which are
 6  subject to taxation as provided by this article; and
 7  excluding

 8 

 9                   (D)  Any taxes imposed by the federal
10  government or this article.;

11 

12              (xvii)  "Previously owned motor vehicle" means
13  and includes one (1) or more motor vehicles which was owned
14  by a person prior to the transfer of ownership.

15 

16         39-16-101.  Definitions.

17 

18         (a)  As used in this article:

19 

20              (iv)  "Sales price" means the consideration paid
21  by the purchaser of tangible personal property excluding:

22 

23                   (A)  The actual trade-in value allowed on
24  tangible personal property and manufacturer rebates for

Page  3

 

 

 

 1  motor vehicles exchanged at the time of the transaction;
 2  and

 3 

 4                   (B)  The value of a previously owned motor
 5  vehicle sold within forty-five (45) days before or
 6  following the purchase of a replacement vehicle but prior
 7  to registration and payment of the use tax on the
 8  replacement vehicle, by the person who has the tax
 9  liability for the replacement vehicle, if the previously
10  owned vehicle was not traded in to the vendor from whom the
11  replacement vehicle was purchased and the person presents a
12  notarized bill of sale for the previously owned vehicle
13  indicating to whom the vehicle was sold, signed by both the
14  buyer and seller specifying the year, make and vehicle
15  identification number. The value of the previously owned
16  vehicle shall be based upon the sales price specified on
17  the notarized bill of sale, but in no case shall it exceed
18  the retail value of the vehicle as set forth in a current
19  edition of any nationally recognized compilation of retail
20  values.

21 

22              (xii)  "Previously owned motor vehicle" means and
23  includes one (1) or more motor vehicles which was owned by
24  a person prior to the transfer of ownership.

 

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 1 

 2         Section 2.  This act is effective July 1, 2001.

 3 

 4                         (END)

 

Page  5