AB 945, as amended, Ting. Sales and use taxes: exemption: low-emission vehicles.
Existing sales and use tax laws impose a tax on retailers measured by the gross receipts from the sale of tangible personal property sold at retail in this state, or on the storage, use, or other consumption in this state of tangible personal property purchased from a retailer for the storage, use, or other consumption in this state, and provides various exemptions from those taxes.
The bill, on and after January 1, 2016, until January 1,begin delete 2020,end deletebegin insert 2021,end insert would provide a partial exemption from those taxes with respect to the sale of specified low-emission vehicles, as provided.
The Bradley-Burns Uniform Local Sales and Use Tax Law authorizes counties and cities to impose local sales and use taxes in conformity with the Sales and Use Tax Law, and existing law authorizes districts, as specified, to impose transactions and use taxes in accordance with the Transactions and Use Tax Law, which conforms to the Sales and Use Tax Law. Amendments to state sales and use taxes are incorporated into these laws.
This bill would specify that this exemption does not apply to local sales and use taxes or transactions and use taxes.
This bill would take effect immediately as a tax levy.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 6377 is added to the Revenue and
2Taxation Code, to read:
(a) There are exempted from the taxes imposed by this
4part that portion of the gross receipts from the sale of, and that
5portion of the sales price with respect to the storage, use, or other
6consumption in this state of, a qualified motor vehicle, that is equal
7to the greater of the following:
8(1) The sum of both of the following:
9(A) The amount of any new Qualified Plug-in Electric Drive
10Motor Vehicle credit received with respect to the qualified motor
11vehicle under Section 30D of the Internal Revenue Code.
12(B) The amount of any state incentive amount received,
13awarded, or allowed with respect to the qualified motor vehicle
14under the Clean Vehicle Rebate Project, the California Hybrid and
15Zero-Emission Truck and Bus Voucher Incentive Project, or the
16On-Road Heavy-Duty Voucher Incentive Program within the Carl
17Moyer Program.
18(2) The trade-in value of a motor vehicle that is traded in for
19the qualified motor vehicle if the value of the trade-in motor vehicle
20is separately stated on the new motor vehicle invoice or bill of sale
21or similar document provided to the purchaser.
22(b) For purposes of this section, “qualified motor vehicle” means
23a motor vehicle that receives, or
is awarded or allowed, either or
24both of the following:
25(1) A credit for a Qualified Plug-in Electric Drive Motor Vehicle
26under Section 30D of the Internal Revenue Code.
27(2) A state incentive amount under the Clean Vehicle Rebate
28Project, the California Hybrid and Zero-Emission Truck and Bus
29Voucher Incentive Project, or the On-Road Heavy-Duty Voucher
30Incentive Program within the Carl Moyer Program.
31(c) (1) Notwithstanding any provision of the Bradley-Burns
32Uniform Local Sales and Use Tax law (Part 1.5 (commencing with
P3 1Section 7200)) or the Transactions and Use Tax Law (Part 1.6
2begin delete (commendingend deletebegin insert
(commencingend insert with Section 7251)), the exemption
3established by this section shall not apply with respect to any tax
4levied by a city, county, city and county, or district pursuant to,
5or in accordance with, either of those laws.
6(2) Notwithstanding subdivision (a), the exemption established
7by this section shall not apply with respect to any tax levied
8pursuant to Section 6051.2, 6051.5, 6201.2, or 6201.5, pursuant
9to Section 35 or subdivision (f) of Section 36 of Article XIII of
10the California Constitution, or any tax levied pursuant to Section
116051 or 6201 that is deposited in the State Treasury to the credit
12of the Local Revenue Fund 2011 pursuant to Section 6051.15 or
136201.15.
14(d) This section shall become operative on
January 1, 2016,
15and shall remain in effect only until January 1,begin delete 2020,end deletebegin insert
2021,end insert and as
16of that date is repealed, unless a later enacted statute, that is enacted
17before January 1,begin delete 2020,end deletebegin insert 2021,end insert deletes or extends that date.
This act provides for a tax levy within the meaning
19of Article IV of the Constitution and shall go into immediate effect.
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