Sec. 152.0411. COLLECTION BY SELLERS. (a) Except as provided by this section, a seller who makes a sale subject to the sales tax imposed by Section 152.021 shall add the amount of the tax to the sales price, and when the amount of the tax is added:
(1) it is a debt of the purchaser to the seller until paid; and
(2) if unpaid, it is recoverable at law in the same manner as the original sales price.
(b) The seller shall collect the tax from the purchaser and remit it to the tax assessor-collector in the time and manner provided by law.
(c) This section applies only to the sale of a vehicle that is to be titled and registered in Texas. If a purchaser intends to register a vehicle outside Texas, the purchaser shall comply with the terms of Section 152.092.
(d) This section does not apply to a seller-financed sale.
(e) This section applies only to a sale in which the seller is a motor vehicle dealer who holds a dealer license issued under Chapter 503, Transportation Code, or Chapter 2301, Occupations Code.
(f) This section does not apply to the sale of a motor vehicle with a gross weight in excess of 11,000 pounds. The seller of a motor vehicle with a gross weight in excess of 11,000 pounds shall maintain records of the sale in the manner and form, and containing the information, required by the comptroller.
Added by Acts 1995, 74th Leg., ch. 1015, Sec. 3, eff. Jan. 1, 1996. Amended by Acts 1997, 75th Leg., ch. 165, Sec. 30.253, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1040, Sec. 28, eff. Oct. 1, 1997; Acts 2003, 78th Leg., ch. 1276, Sec. 14A.817, eff. Sept. 1, 2003.
Structure Texas Statutes
Subtitle E - Sales, Excise, and Use Taxes
Chapter 152 - Taxes on Sale, Rental, and Use of Motor Vehicles
Subchapter C. Collection of Taxes
Section 152.041. General Collection Procedure
Section 152.0411. Collection by Sellers
Section 152.0412. Standard Presumptive Value; Use by Tax Assessor-Collector
Section 152.042. Collection of Tax on Metal Dealer Plates
Section 152.043. Collection of Tax on Motor Vehicles Operated by Nonresidents
Section 152.044. Payment by Seller
Section 152.045. Collection of Tax on Gross Rental Receipts
Section 152.046. Change in Tax Status of Motor Vehicle
Section 152.047. Collection of Tax on Seller-Financed Sale
Section 152.0472. Determination of Whether Loan Is Factored, Assigned, or Transferred