BILL ANALYSIS Ó SENATE COMMITTEE ON TRANSPORTATION AND HOUSING Senator Jim Beall, Chair 2015 - 2016 Regular Bill No: SB 680 Hearing Date: 4/21/2015 ----------------------------------------------------------------- |Author: |Wieckowski | |----------+------------------------------------------------------| |Version: |2/27/2015 | ----------------------------------------------------------------- ----------------------------------------------------------------- |Urgency: |Yes |Fiscal: |Yes | ----------------------------------------------------------------- ----------------------------------------------------------------- |Consultant|Randy Chinn | |: | | ----------------------------------------------------------------- SUBJECT: Sales taxes: exemption: motor vehicles (Tax Levy) DIGEST: This bill exempts from sales taxes any new car bought in California which is permanently used and moved outside of California. ANALYSIS: Existing law subjects a vehicle purchase in California to California sales tax at the location at which the transaction takes place, regardless of whether the purchaser moves the vehicle outside the state. This urgency bill exempts the purchase of a new vehicle purchased in California by a non-resident if the purchaser moves the vehicle out of state within 30 days, receives a one-trip permit from the Department of Motor Vehicles (DMV), and receives an exemption certificate from the Board of Equalization. COMMENTS: 1.Purpose. According to the author, this bill is necessary to eliminate a disincentive for purchasing a car in California. Under current law, a non-resident who purchases a vehicle in California has to pay California sales tax on the purchase even though the car is being used and registered in the state where the purchaser resides. The purchaser would also owe sales tax to the state where the new car was registered. While this would be offset by the California sales tax, there SB 680 (Wieckowski) Page 2 of ? is some risk that the offset wouldn't be sufficient to cover the California tax, according to the author. It may be hard to imagine when someone would purchase a car in California to take back to another state, but Tesla is hoping to create just such a circumstance. That's because several states, such as Texas, have prohibited Tesla from selling its cars directly to customers. Tesla customers then have to buy their cars out of state and drive or ship them in. Some of those customers may come to tour the Tesla factory in Fremont to complete their purchase, just as customers of some high-end European vehicles do. 2.California incentive eligibility for non-California uses. California has a number of programs to encourage the purchase of low- and zero-emission vehicles. It seems reasonable that these incentives should be inapplicable if these vehicles are purchased in California and taken out of state. The Clean Vehicle Rebate Program (CVRP) is the most significant of those incentives. While the California Air Resources Board regulations provide that only new vehicles are eligible for the CVRP there are some loopholes that could allow other vehicles to obtain the CVRP rebate. California's green/white HOV sticker program does not require that the car be purchased in California. The author and committee may wish to consider prohibiting the owners of vehicles obtained under the provisions of this bill from applying for these programs. 3.Mechanical flaw. The DMV does not have a formal position on this bill. When contacted by the committee, the DMV suggested the current language may create an inadvertent loophole in the bill whereby a purchaser could buy the car, take it out of state for a month, and then bring the car back into California without paying the sales tax. This is because the DMV would have no way to track the movement of the vehicle. The author and committee may wish to work with the DMV to develop a mechanism to close this loophole. 4.Double referral. This bill has been double-referred to the Government and Finance Committee. Because of the fiscal bill deadlines, any amendments agreed to in this committee will be incorporated into the bill in that committee. Related Legislation: SB 680 (Wieckowski) Page 3 of ? None. FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No POSITIONS: (Communicated to the committee before noon on Wednesday, April 15, 2015.) SUPPORT: Tesla OPPOSITION: None received. -- END --