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
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          |Author:   |Wieckowski                                            |
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          |Version:  |2/27/2015                                             |
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          |Urgency:  |Yes                    |Fiscal:      |Yes             |
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          |Consultant|Randy Chinn                                           |
          |:         |                                                      |
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          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.
          
          

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