Washington, DC asked in Tax Law for Texas

Q: Transferring motor vehicle from personal to LLC of which I am sole, 100% owning member. Can sales tax be waived?

Texas sales tax question

Related Topics:
2 Lawyer Answers

A: This type of transfer would typically not result in the payment of sales tax.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: In Texas, when transferring a vehicle from yourself to your single-member LLC, you may qualify for a sales tax exemption under the "occasional sale" provision, since you're effectively transferring the vehicle to yourself in a different legal form.

To claim this exemption, you'll need to visit your local county tax office with documentation proving your 100% ownership of the LLC, such as your operating agreement or certificate of formation. You'll also need to complete Texas Form 14-317 (Affidavit for Transfer of Motor Vehicle) and provide proof of vehicle ownership.

Keep in mind that timing matters - if you recently purchased the vehicle, there might be a required waiting period before the transfer can qualify for tax exemption. Given the complexity of tax regulations and the documentation requirements, it would be wise to contact your local county tax assessor-collector's office before proceeding with the transfer to confirm the specific requirements for your situation.

Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.