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State and Local Value-Based Taxes on Motor VehiclesJanuary 1998 In his 1997 run for governor of Virginia, candidate James Gilmore campaigned successfully on a platform of reducing the local property tax on automobiles. Other states have taken notice. Early in the 1998 legislative sessions, proposals have surfaced in several states to reduce or repeal the personal property tax on cars. States tax motor vehicles in several ways. Most states (and localities with local option sales taxes) impose a one-time sales tax on the purchase price of new or used cars. States also impose:
Value-based taxes are deductible from federal income taxes for taxpayers who itemize deductions, while other taxes and fees are not. This report examines state value-based taxes on private, noncommercial motor vehicles. It does not include state or local flat rate registration fees or fees and taxes based upon vehicle weight. It presents the results of a 50-state NCSL survey of state legislative and executive branch tax staff. Valuation MethodsThe first step in the process of imposing property taxes or other value-based taxes on motor vehicles is to determine the vehicle's value. In most states, the value is determined under procedures specified in state law. The three common methods specified by law are:
The NADA method allows local assessors to set values for used vehicles based upon their "trade-in" value in the national market. The NADA blue book contains several adjustments to valuation (such as low mileage, air conditioning, etc.) that add additional uncertainties in the valuation process. These uncertainties can lead to more appeals by taxpayers. In 1995, Kentucky adopted a "mid-point" valuation standard that allows assessors to split the difference between the highest and lowest valuations in the NADA blue book. The MSRP base method uses MSRP as the basis for current and future vehicle valuations. In these states, a depreciation schedule reduces the MSRP base by a set percentage each year until the vehicle reaches some "residual" or minimum value for tax purposes. The MSRP base method adds certainty to the assessment process, but is probably a less accurate method for determining the true market value of used vehicles. Purchase price is similar to the MSRP base method, only it uses the purchase price after negotiations and discounts. Since most purchasers negotiate discounts from the MSRP, the purchase price method results in lower valuations for new cars. For purchases of used cars, it establishes tax values that are closer to true market value than the MSRP method. Tax methodologiesState tax methodologies generally fall into one of four categories:
No tax. Twenty states levy no value-based taxes on motor vehicles. Most of these states impose flat registration fees or fees and taxes based upon vehicle weight. Some of these states, like Ohio and Illinois, exempt all personal property from property taxes. However, most states have specific statutory property taxes for registered motor vehicles. Personal property taxes. Twelve states allow local governments to tax motor vehicles as personal property under general statutes. In these states, vehicles are subject to the same property tax mill rates as other real and taxable personal property. Typically, local jurisdictions with authority to levy property taxes (counties, school districts, cities and special districts) impose their own mill levies and receive revenues from motor vehicle property taxes. Rates vary within counties, depending upon the city or municipal rates and school district rates. The system in Kansas is slightly different--taxes are levied at uniform countywide rates based on the average mill levy. In most states, local governments apply mill levies to the NADA blue book value. However, a few states apply different assessment ratios for motor vehicles and homes. Assessment ratios determine the percentage of market value subject to taxation. Alabama, for example, applies mill rates to 10 percent of the value of real estate parcels and 15 percent of the value of motor vehicles. Missouri applies a 19 percent assessment ratio for real estate and a 33.3 percent ratio for motor vehicles. In both states, the effective tax rates on motor vehicles is higher than on real estate. In states with local personal property taxes, there are often large disparities in the rates faced by taxpayers in different jurisdictions. This can generate complaints that the system is inequitable and can lead to tax avoidance. Avoidance is a particular problem for motor vehicles because of their mobility. Determining the situs (physical location for tax purposes) is difficult, especially if a taxpayer owns property in more than one place. State or Local "In lieu" Taxes. Sixteen states levy "privilege" taxes that are based on vehicle value but are levied "in lieu" of property taxes. These states have shifted to in lieu taxes to eliminate situs and tax disparity problems. Although rates are uniform, revenues are collected by the state in nine states and locally in seven. Even where the state collects the tax, revenues are typically returned to local governments through a formula. One exception is Washington, where revenues are split between K-12 education and local transit districts. Thirteen of the 16 states that levy in lieu taxes use MSRP, while California and Indiana use the purchase price method. Utah uses purchase price for new vehicles and NADA blue book for used cars. Other. Alaska, Rhode Island and Texas offer local governments the option to tax vehicles. In Alaska, local jurisdictions may choose from a personal property tax, a local registration tax levied at flat rates based upon the age of the vehicle or no local tax. Rhode Island allows municipalities the option of levying higher rates on vehicles than real estate. Texas gives local jurisdictions the option to tax or exempt motor vehicles; only 124 of the 3,000 or so jurisdictions levy the tax. Effective Tax RatesSince some states use assessment ratios to determine taxable values for motor vehicles, NCSL converted all tax rates to effective rates in order to provide meaningful comparisons among states. Staff from states with local personal property taxes were asked to provide either a range of rates or a statewide average. This information is reported in Column 3 of the Appendix. Effective rates measure the tax rate as a share of the vehicle's market value. For example, a 2 percent effective rate on a vehicle valued at $10,000 creates a tax liability of $200. One caveat should be noted for states with statewide in lieu taxes. Although the effective rate reported here is accurate for new vehicles, it may not be accurate for used vehicles. Automobiles depreciate at different rates, based on the make and model. Most states that use depreciated MSRP or purchase price methods have depreciation schedules that are slower than the "blue book," thereby overstating the vehicle's value when compared with the NADA blue book. Thus, reported rates in states with in lieu rates may underestimate the true effective rate for used vehicles. States with uniform tax rates reported effective rates ranging from a low of 0.5 percent in Michigan to a high of 2.4 percent in Arizona and Maine. The median rate in the 16 states with uniform state or local rates is 1.8 percent. In states with rates determined locally, there were enormous disparities among and within the states. The highest reported rate was in Rhode Island, where one local jurisdiction levied a tax at 5.4 percent of value. The lowest reported rate was in Alabama, where one jurisdiction levied a property tax at only 0.3 percent of market value. Using reported statewide average rates and the midpoint of reported averages, the range is from 0.6 percent in Arkansas to 3.6 percent in Virginia. The state median average or midpoint rate in local personal property taxes is 1.9 percent, close to the median rate of 1.8 percent in states with uniform in lieu rates. Appendix A. Summary of State Value-Based Motor Vehicle Tax Provisions
Source: NCSL survey of state fiscal offices and state revenue departments, 1/98; state statutes.
Posted January 1998, format reviewed June 2004 |
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