In
Texas, leased vehicles are generally not subject to property taxes
unless they are used primarily to produce income. While Texas law begins with
the assumption that all property is taxable unless exempt by state or federal
law, leased vehicles are exempt when they are not held mainly for
income-generating purposes.
Texas provides an exemption for leased vehicles that are
used primarily for personal use by the lessee. This exemption applies to
passenger cars or trucks with a shipping weight of 9,000 pounds or less that
are leased for personal use. Personal use means that more than 50 percent of
the vehicle’s usage, based on mileage, is for non-income-producing activities.
The exemption applies only to vehicles leased under agreements entered
into on or after January 2, 2001. Leased vehicles contracted before this date remain subject
to property taxation. Additionally, cities that adopted an ordinance prior to
January 1, 2002, were allowed to continue taxing personal leased vehicles. The
law itself became effective on January 1, 2002.
To qualify for the exemption, the lessee must timely submit an affidavit
to the leasing company confirming that the vehicle is primarily used for non-income-producing purposes. The
Lessee’s Affidavit of Primarily Non-Income Producing Vehicle Use form can be
obtained from the leasing company or printed directly.
For the exemption to be granted, the leasing company must file a Lessor’s
Application for Personal Use Lease Automobile Exemptions with the county
appraisal district where the vehicle is located by April 30 each year. This
application must list all vehicles that qualify as primarily personal-use
vehicles. If the application is not filed on time, the vehicle will not
receive the exemption for that tax year.
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