88R5526 CJC-D
 
  By: Thompson of Brazoria H.B. No. 3209
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the collection, remittance, and administration of
  certain taxes on motor vehicles rented through a marketplace rental
  provider; imposing a penalty.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 334.105, Local Government Code, is
  amended by adding Subsection (c) to read as follows:
         (c)  Notwithstanding Subsections (a) and (b), if a motor
  vehicle subject to the tax imposed under this subchapter is rented
  through a marketplace rental provider, the marketplace rental
  provider shall collect the tax for the benefit of the municipality
  or county. The marketplace rental provider shall add the tax
  imposed under this subchapter, if applicable, and the gross rental
  receipts tax imposed by Chapter 152, Tax Code, to the rental charge,
  and the sum of the taxes is part of the rental charge, is a debt owed
  to the marketplace rental provider by the person renting the
  vehicle, and is recoverable at law in the same manner as the rental
  charge.
         SECTION 2.  Section 334.109, Local Government Code, is
  amended to read as follows:
         Sec. 334.109.  GROSS RECEIPTS PRESUMED SUBJECT TO TAX. All
  gross receipts of an owner of a motor vehicle or, if the motor
  vehicle is rented through a marketplace rental provider, of the
  provider, from the rental of the motor vehicle are presumed to be
  subject to the tax imposed by this subchapter, except for gross
  receipts for which the owner or marketplace rental provider has
  accepted in good faith a properly completed exemption certificate.
         SECTION 3.  Section 334.110(a), Local Government Code, is
  amended to read as follows:
         (a)  The owner of a motor vehicle used for rental purposes
  who is required to file a report under this subchapter or, if the
  motor vehicle is rented through a marketplace rental provider and
  the provider is required to file a report under this subchapter, the
  provider, shall keep for four years records and supporting
  documents containing the following information on the amount of:
               (1)  gross rental receipts received from the rental of
  the motor vehicle; and
               (2)  the tax imposed under this subchapter and paid to
  the municipality or county by the owner or the marketplace rental
  provider, as applicable, on each motor vehicle used for rental
  purposes by the owner.
         SECTION 4.  Section 334.111(a), Local Government Code, is
  amended to read as follows:
         (a)  An owner of a motor vehicle required to file a report
  under this subchapter or, if applicable, a marketplace rental
  provider required to file a report under this subchapter commits an
  offense if the owner or provider fails to make and retain complete
  records for the four-year period required by Section 334.110.
         SECTION 5.  Section 334.113, Local Government Code, is
  amended by amending Subsection (a) and adding Subsections (a-1) and
  (a-2) to read as follows:
         (a)  Except as otherwise provided by this section or another
  provision of this subchapter, the [The] owner of a motor vehicle
  required to collect the tax imposed under this subchapter shall
  report and pay [send] the taxes collected to the municipality or
  county as provided by the ordinance or order imposing the tax.
         (a-1)  Except as provided by Subsection (a-2), if a
  marketplace rental provider collects the tax imposed under this
  subchapter, the marketplace rental provider shall report and pay
  the taxes collected to the municipality or county as provided by the
  ordinance or order imposing the tax. The marketplace rental
  provider shall certify to the owner of a motor vehicle rented
  through the provider that the provider has collected, reported, and
  paid the tax to the municipality or county. An owner who in good
  faith accepts the marketplace rental provider's certification is
  not required to collect, report, or pay the tax to the municipality
  or county.
         (a-2)  The owner of a motor vehicle rented through a
  marketplace rental provider may elect to report and pay the tax
  imposed under this subchapter to the municipality or county. If the
  owner elects to report and pay the tax under this subsection:
               (1)  the owner must:
                     (A)  register as required by Section 152.065, Tax
  Code; and
                     (B)  inform the marketplace rental provider in
  writing of the election; and
               (2)  the marketplace rental provider shall forward the
  tax collected by the provider to the owner.
         SECTION 6.  Section 152.001, Tax Code, is amended by
  amending Subdivision (8) and adding Subdivision (21) to read as
  follows:
               (8)  "Gross rental receipts" means value received or
  promised as consideration to the owner of a motor vehicle or the
  marketplace rental provider for rental of the vehicle, but does not
  include:
                     (A)  separately stated charges for insurance;
                     (B)  charges for damages to the motor vehicle
  occurring during the rental agreement period;
                     (C)  separately stated charges for motor fuel sold
  by the owner of the motor vehicle; or
                     (D)  discounts.
               (21)  "Marketplace rental provider" means a person who:
                     (A)  operates any type of marketplace, including a
  store with a physical location, an Internet website, a software or
  mobile application, or a catalog, by which the owner of a motor
  vehicle lists, markets, or advertises the owner's motor vehicle for
  rental by others for consideration in this state;
                     (B)  facilitates the rental of the owner's motor
  vehicle by another person by communicating between the owner and
  the other person the terms of the agreement and the acceptance of
  those terms; and
                     (C)  directly or indirectly collects or processes
  the receipts or rental charges paid by the person renting the motor
  vehicle for the owner of the motor vehicle.
         SECTION 7.  Section 152.045, Tax Code, is amended to read as
  follows:
         Sec. 152.045.  COLLECTION OF TAX ON GROSS RENTAL RECEIPTS.  
  (a)  Except as otherwise provided by this section or another
  provision of [inconsistent with this chapter and rules adopted
  under] this chapter, an owner of a motor vehicle subject to the tax
  on gross rental receipts shall collect, report, and pay the tax to
  the comptroller in the same manner as the tax under Chapter 151
  [Limited Sales, Excise and Use Tax] is collected, reported, and
  paid by a retailer [retailers] under that chapter [Chapter 151 of
  this code].
         (a-1)  Except as provided by Subsection (a-2), if the motor
  vehicle is rented through a marketplace rental provider, the
  marketplace rental provider shall collect, report, and pay the tax
  on gross rental receipts to the comptroller in the manner
  prescribed by Subsection (a). The marketplace rental provider
  shall certify to the owner of a motor vehicle rented through the
  provider that the provider has collected, reported, and paid the
  tax. An owner who in good faith accepts the marketplace rental
  provider's certification is not required to collect, report, or pay
  the tax.
         (a-2)  The owner of a motor vehicle rented through a
  marketplace rental provider may elect to report and pay the tax on
  gross rental receipts to the comptroller. If the owner elects to
  report and pay the tax under this subsection:
               (1)  the owner must:
                     (A)  register as required by Section 152.065; and
                     (B)  inform the marketplace rental provider in
  writing of the election; and
               (2)  the marketplace rental provider shall forward the
  tax collected by the provider to the owner.
         (b)  The owner of a motor vehicle subject to the tax on gross
  rental receipts or, if the motor vehicle is rented through a
  marketplace rental provider, the provider, shall add the tax to the
  rental charge, and when added, the tax is:
               (1)  a part of the rental charge;
               (2)  a debt owed to the motor vehicle owner or
  marketplace rental provider, as applicable, by the person renting
  the vehicle; and
               (3)  recoverable at law in the same manner as the rental
  charge.
         (c)  The comptroller may proceed against a person renting a
  motor vehicle, the owner of the rented motor vehicle, or the
  marketplace rental provider, as applicable, for any unpaid gross
  rental receipts tax.
         (d)  In addition to any other penalty provided by law, the
  owner of a motor vehicle subject to the tax on gross rental receipts
  who is required to file a report as provided by this chapter and who
  fails to timely file the report shall pay a penalty of $50.  If the
  motor vehicle is rented through a marketplace rental provider and
  the provider is required to file a report under this chapter but
  fails to timely file the report, the provider shall pay a penalty of
  $50. The penalty provided by this subsection is assessed without
  regard to whether the taxpayer subsequently files the report or
  whether any taxes were due from the taxpayer for the reporting
  period under the required report.
         SECTION 8.  Section 152.046(b), Tax Code, is amended to read
  as follows:
         (b)  An owner of a motor vehicle on which the motor vehicle
  sales or use tax has been paid who subsequently uses the vehicle for
  rental [shall collect the gross rental receipts tax imposed by this
  chapter from the person renting the vehicle. The owner] may credit
  an amount equal to the motor vehicle sales or use tax paid by the
  owner to the comptroller against the amount of gross rental
  receipts due from the owner. This credit is not transferable and
  cannot be applied against tax due and payable from the rental of
  another vehicle belonging to the same owner.
         SECTION 9.  Section 152.063(b), Tax Code, is amended to read
  as follows:
         (b)  Except as otherwise provided by Section 111.0041:
               (1)  the [The] owner of a motor vehicle used for rental
  purposes shall keep for at least four years after the purchase of
  the [a] motor vehicle records and supporting documents containing
  [the following] information on the amount of:
                     (A) [(1)]  total consideration for the motor
  vehicle; and
                     (B) [(2)]  motor vehicle sales or use tax paid on
  the motor vehicle; and
               (2)  the owner of a motor vehicle used for rental
  purposes and, if the motor vehicle is rented through a marketplace
  rental provider, the provider, shall keep for at least four years
  supporting documents containing information on the amount of:
                     (A) [(3)]  gross rental receipts received by the
  owner or provider, as applicable, from the rental of the motor
  vehicle; and
                     (B) [(4)]  gross rental receipts tax paid to the
  comptroller by the owner or provider, as applicable, on each motor
  vehicle used for rental purposes by the owner.
         SECTION 10.  Section 152.065, Tax Code, is amended to read as
  follows:
         Sec. 152.065.  REQUIRED PERMITS. A motor vehicle owner or a
  marketplace rental provider required to collect, report, and pay a
  tax on gross rental receipts imposed by this chapter and a seller
  required to collect, report, and pay a tax on a seller-financed sale
  shall register as a retailer with the comptroller in the same manner
  as is required of a retailer under Subchapter F, Chapter 151.
         SECTION 11.  Subchapter D, Chapter 152, Tax Code, is amended
  by adding Section 152.070 to read as follows:
         Sec. 152.070.  MARKETPLACE RENTAL PROVIDER'S REPORT. A
  marketplace rental provider shall send to the owner of a motor
  vehicle that is rented through the provider a report each month that
  shows the amount of tax collected, reported, and paid for each motor
  vehicle that the owner owns and that is rented through the provider.
  The provider is not required to send the report to an owner who
  elects to report and pay the tax under Section 152.045(a-2).
         SECTION 12.  This Act applies only to a rental agreement for
  the rental of a motor vehicle entered into on or after the effective
  date of this Act. A rental agreement for the rental of a motor
  vehicle entered into before the effective date of this Act is
  governed by the law in effect on the date the rental agreement was
  entered into, and the former law is continued in effect for the
  collection of taxes due and for civil and criminal enforcement of
  the liability for those taxes.
         SECTION 13.  This Act takes effect October 1, 2023.