Leased vehicles in Texas are not subject to property taxes
unless they are used primarily to generate income. While Texas starts with the
premise that all property is taxable, unless exempt by state or federal law,
Texas exempts leased vehicles from property tax, unless they are used primarily
to generate income.
Texas does exempt leased vehicles that are not held for the
primary purpose of income production by the lessee. These vehicles include
passenger cars or trucks with a shipping weight of not more than 9,000 pounds
and leased for personal use. Personal use would mean using the vehicle for more
than 50 percent of its use (based on mileage) for activities that do not
involve the production of income. The exemption applies only to vehicles
subject to a lease entered on or after Jan. 2, 2001. Any leased vehicles contracted
before Jan. 2, 2001, would continue to be taxed. In addition, cities that
passed an ordinance before Jan. 1, 2002, could opt to tax personal leased vehicles. The law was effective on Jan. 1,
2002.
To qualify for the exemption, you must timely file an
affidavit with the leasing company. You may print the Lessee’s Affidavit of
Primarily Non-Income Producing Vehicle Use form now or it is available from the
leasing company.
To receive the exemption, the leasing company must file a
Lessor’s Application for Personal Use Lease Automobile Exemptions application
with the county appraisal district where the property is located before April
30 of each year. The exemption application should contain all vehicles that are
used primarily for personal use. If the leasing company does not file the
application timely, the vehicle is not exempt for that year.
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