Texas Register, Volume 47, Number 7, Pages 715-820, February 18, 2022 Page: 766
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(B) the motor vehicle is leased to the State of Texas or
a political subdivision of the State of Texas; or
(C) the motor vehicle:
(i) is leased to an organization that is exempt from
federal income taxation under Internal Revenue Code, 501(a), as an
organization described by Internal Revenue Code, 501(c)(3); and
(ii) would be exempt from taxation if the vehicle
were owned by the organization.
(d) The Lessor's Rendition or Property Report Leased Auto-
mobiles (Form 50-288) shall be used as the property report form re-
quired by Tax Code, 11.252(i).
(1) To meet the reporting requirements of Tax Code,
11.252(i), the lessor shall list each leased vehicle the lessor owns on
January 1, regardless of whether the leased vehicle qualifies for an
exemption under Tax Code, 11.252, and provide the following:
(A) the year, make, model, and vehicle identification
number for each leased vehicle;
(B) the name of the lessee and address at which the
leased vehicle is kept;
(C) whether the lessee has designated the leased vehicle
as not held for the production of income and used primarily for activi-
ties that do not involve the production of income; and
(D) whether the lessor maintains a lessee's affidavit,
electronic image of the lessee's affidavit, or a certified copy of the
lessee's affidavit for the leased vehicle.
(2) To meet the reporting requirements of Tax Code,
11.252(j), the Lessor shall provide the form to the chief appraiser in
the manner provided by Subchapter B, Chapter 22, Tax Code.
(e) To apply for the exemption allowed under Tax Code,
11.252(a), the lessor shall submit a fully completed and properly
executed Lessor's Exemption Application Motor Vehicles Leased for
Use Other than Production of Income (Form 50-286) to the chief
appraiser pursuant to Tax Code, 11.43 and 11.45, and indicate at
the appropriate space on the form that the lessor is applying for the
exemption allowed under Tax Code, 11.252(a) for each qualifying
leased vehicle.
(f) A chief appraiser may inspect and/or obtain copies of
lessees' affidavits, electronic images of the affidavits, or certified
copies of the affidavits that the lessor maintains. Unless agreed to
otherwise, a lessor and a chief appraiser shall use the following proce-
dures when the chief appraiser proposes to inspect and/or copy lessees'
affidavits, electronic images of the affidavits, or certified copies of
the affidavits on leased motor vehicles for which the lessor seeks an
exemption.(1) No less than 10 days prior to the inspection, the chief
appraiser shall provide the lessor with notice of the chief appraiser's in-
tention to inspect and/or copy the lessees' affidavits, electronic images
of the affidavits, or certified copies of the affidavits in the lessor's pos-
session or control. The notice must state a reasonable time when the
chief appraiser proposes to inspect and/or copy the lessees' affidavits,
electronic images of the affidavits, or certified copies of the affidavits
and shall identify the affidavits, electronic images of the affidavits, or
certified copies of the affidavits that will be subject to inspection and/or
copy.
(2) If the proposed date or time is not convenient, then the
lessor may propose an alternate reasonable date or time by notifying
the chief appraiser in writing.
(3) The lessor shall provide the chief appraiser with rea-
sonable accommodations to inspect and/or copy any of the lessees' af-
fidavits, electronic images of the affidavits, or certified copies of the
affidavits or shall permit the chief appraiser to take the affidavits, elec-
tronic images of the affidavits, or certified copies of the affidavits off
premises for a period of no less than 48 hours to inspect and/or copy.
(4) If the lessor is located more than 150 miles from the
appraisal district's office, then the chief appraiser may submit a writ-
ten request that the lessor deliver the identified lessees' affidavits, elec-
tronic images of the affidavits, or certified copies of the affidavits to
the chief appraiser for at least 14 days for inspection and copying. The
chief appraiser and the lessor may determine who should bear the costs
of delivery and copying if any.
(g) The comptroller-prescribed exemption application form
(Lessor's Exemption Application Motor Vehicles Leased for Use Other
than Production of Income (Form 50-286)) is not adopted by reference
herein and may be revised at the discretion of the comptroller. Current
forms can be obtained from the Comptroller of Public Accounts'
Property Tax Assistance Division.
The agency certifies that legal counsel has reviewed the pro-
posal and found it to be within the state agency's legal authority
to adopt.
Filed with the Office of the Secretary of State on February 7,
2022.
TRD-202200407
Victoria North
General Counsel for Fiscal and Agency Affairs
Comptroller of Public Accounts
Earliest possible date of adoption: March 20, 2022
For further information, please call: (512) 475-222047 TexReg 766 February 18, 2022
Texas Register
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Texas. Secretary of State. Texas Register, Volume 47, Number 7, Pages 715-820, February 18, 2022, periodical, February 18, 2022; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth1462843/m1/52/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.