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A BILL TO BE ENTITLED
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AN ACT
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relating to a refund of sales and use taxes paid on the purchase of |
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certain aircraft leased for flight instruction. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 163, Tax Code, is amended by adding |
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Section 163.010 to read as follows: |
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Sec. 163.010. REFUND OF TAX ON PURCHASE OF AIRCRAFT LEASED |
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FOR FLIGHT INSTRUCTION. (a) In this section, "operational |
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control" has the meaning assigned by Section 163.002(b). |
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(b) A purchaser of an aircraft is entitled to apply for and |
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receive a refund in the amount provided by Subsection (c) of the tax |
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imposed under Chapter 151 and paid on the purchase of the aircraft |
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if the purchaser enters into a written lease agreement for a term of |
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at least 24 months under which the purchaser transfers operational |
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control of at least 50 percent of the aircraft's departures to a |
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lessee described by Section 151.328(a)(2). The aircraft must be |
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used in accordance with the terms of the lease agreement. |
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(c) The amount of the refund is a percentage of the tax paid |
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on the purchase of the aircraft equal to the percentage of the |
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aircraft's departures for which operational control is transferred |
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under the agreement under Subsection (b). |
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SECTION 2. The change in law made by this Act does not |
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affect tax liability accruing before the effective date of this |
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Act. That liability continues in effect as if this Act had not been |
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enacted, and the former law is continued in effect for the |
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collection of taxes due and for civil and criminal enforcement of |
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the liability for those taxes. |
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SECTION 3. This Act takes effect September 1, 2023. |