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Well that was painful at the Travis County tax office. Not the friendliest people for sure.
Gave her all of my paperwork, and asked "I'm assuming since it's all electric there will not be any sales tax"? Now keep in mind you talking about an hourly county worker--completely clueless. Said yes, there is tax. I stated what about 152.090--she says she has no clue what that is--do I have a copy? I said no, since you are the tax office, I'd assume you have a copy of the Tax Code. Of course you can already see this isn't going anywhere fast. So I asked for a Supervisor--she calls someone, chats and says no. I asked based on what? She says an email from the Comptroller office stating Tesla's are NOT exempt. Of course I asked for a copy she said no. Paid my taxes and just left knowing the hourly worker isn't going to solve this question.
Got the supervisors number and called him. He called me back, and I explained everything to him. He said he would call the Texas Comptrollers Office for an answer (well I think we know what that's going to be). I did state some are paying some are not, to which he replied the State annually audits all exemptions, and those not paying will receive a notice of payment by years end. Whatever--but that's the bottom line for Travis County folks.
Trying to get a copy of the Comptrollers email to post.
Gave her all of my paperwork, and asked "I'm assuming since it's all electric there will not be any sales tax"? Now keep in mind you talking about an hourly county worker--completely clueless. Said yes, there is tax. I stated what about 152.090--she says she has no clue what that is--do I have a copy? I said no, since you are the tax office, I'd assume you have a copy of the Tax Code. Of course you can already see this isn't going anywhere fast. So I asked for a Supervisor--she calls someone, chats and says no. I asked based on what? She says an email from the Comptroller office stating Tesla's are NOT exempt. Of course I asked for a copy she said no. Paid my taxes and just left knowing the hourly worker isn't going to solve this question.
Got the supervisors number and called him. He called me back, and I explained everything to him. He said he would call the Texas Comptrollers Office for an answer (well I think we know what that's going to be). I did state some are paying some are not, to which he replied the State annually audits all exemptions, and those not paying will receive a notice of payment by years end. Whatever--but that's the bottom line for Travis County folks.
Trying to get a copy of the Comptrollers email to post.
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Ok, may have made progress on this but am not sure. If you've already paid it try this:
Texas Claim for Refund of Motor Vehicle Tax, Diesel Motor Vehicle Surcharge and/or Commercial Vehicle Registration Surcharge
form found here
http://www.window.state.tx.us/taxinfo/taxforms/14-202.pdf
mail this in with a copy of your Title Application Receipt to the 17th Street Austin address on that form. Pick reason Q which stands for other in item 'i'. You need the Document number from title application which is on your Title application form.
I have no idea if all this will work but worth a try. If you haven't paid, try printing this form out when you go to the tax office and see what happens.
Texas Claim for Refund of Motor Vehicle Tax, Diesel Motor Vehicle Surcharge and/or Commercial Vehicle Registration Surcharge
form found here
http://www.window.state.tx.us/taxinfo/taxforms/14-202.pdf
mail this in with a copy of your Title Application Receipt to the 17th Street Austin address on that form. Pick reason Q which stands for other in item 'i'. You need the Document number from title application which is on your Title application form.
I have no idea if all this will work but worth a try. If you haven't paid, try printing this form out when you go to the tax office and see what happens.
Just heard back from Comptroller office:
From: Lavonne Key [mailto:[email protected]]
Subject: RE: Hydrogen-Powered Motor Vehicles
Based on everything I read the Tesla is NOT hydrogen power-capable.
It may have a fuel economy of 45 miles per gallon, but that alone does not meet the exemption.
Lavonne Key
Tax Policy Division
Lavonne Key
Tax Policy Specialist
Sales and Motor Vehicle Tax Policy Section
Tax Policy Division
Texas Comptroller of Public Accounts
Stephen F. Austin State Office Building
1700 N. Congress, Suite 200
Austin, Texas 78701
Office: (800)531-5441, ext. 3-6263
From: Lavonne Key [mailto:[email protected]]
Subject: RE: Hydrogen-Powered Motor Vehicles
Based on everything I read the Tesla is NOT hydrogen power-capable.
It may have a fuel economy of 45 miles per gallon, but that alone does not meet the exemption.
Lavonne Key
Tax Policy Division
Lavonne Key
Tax Policy Specialist
Sales and Motor Vehicle Tax Policy Section
Tax Policy Division
Texas Comptroller of Public Accounts
Stephen F. Austin State Office Building
1700 N. Congress, Suite 200
Austin, Texas 78701
Office: (800)531-5441, ext. 3-6263
Howdy,
I think we can get all of this taken care of with one very simple official statement from Tesla, the OEM. It would go something like this:
My "official" question sent to Tesla:
"Hello,
Is the Tesla Model S able to be recharged by means of a hydrogen fuel cell? If so, how powerful would this fuel cell need to be and how long would it need to run to recharge a depleted 60 and 85kw battery? I am looking at options for recharging while I wait for my build to complete.
Thanks!"
Then, I expect something like this back from Tesla:
"The Tesla Model S is fully capable of being powered/recharged by a hydrogen powered fuel cell. The hydrogen fuel cell would need to have at least blah blah blah power applied for x amount of time for the 60kW battery and for x amount of time for the 85kW battery."
I think with the current relationship between Tesla and the State of Texas, they would happily issue such a statement. I'm not approaching this from a tax perspective, though. If I don't have to pay taxes, then it's a bonus. I'm eagerly awaiting their response so I can see how much one of those hydrogen cells cost ;-)
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To clarify, the tax code says nothing about the hydrogen having to be onboard to qualify.
I think we can get all of this taken care of with one very simple official statement from Tesla, the OEM. It would go something like this:
My "official" question sent to Tesla:
"Hello,
Is the Tesla Model S able to be recharged by means of a hydrogen fuel cell? If so, how powerful would this fuel cell need to be and how long would it need to run to recharge a depleted 60 and 85kw battery? I am looking at options for recharging while I wait for my build to complete.
Thanks!"
Then, I expect something like this back from Tesla:
"The Tesla Model S is fully capable of being powered/recharged by a hydrogen powered fuel cell. The hydrogen fuel cell would need to have at least blah blah blah power applied for x amount of time for the 60kW battery and for x amount of time for the 85kW battery."
I think with the current relationship between Tesla and the State of Texas, they would happily issue such a statement. I'm not approaching this from a tax perspective, though. If I don't have to pay taxes, then it's a bonus. I'm eagerly awaiting their response so I can see how much one of those hydrogen cells cost ;-)
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To clarify, the tax code says nothing about the hydrogen having to be onboard to qualify.
That's the whole point, the law reads 'capable'. The people at the Comptrollers office are typical govt workers that will not listen to reason.
Everyone needs to contact this lady and help her understand the cars capability--just keep emailing and calling her. We pay her salary so she is here to serve US:
From: Lavonne Key [mailto:[email protected]]
Lavonne Key
Tax Policy Division
Lavonne Key
Tax Policy Specialist
Sales and Motor Vehicle Tax Policy Section
Tax Policy Division
Texas Comptroller of Public Accounts
Stephen F. Austin State Office Building
1700 N. Congress, Suite 200
Austin, Texas 78701
Office: (800)531-5441, ext. 3-6263
Everyone needs to contact this lady and help her understand the cars capability--just keep emailing and calling her. We pay her salary so she is here to serve US:
From: Lavonne Key [mailto:[email protected]]
Lavonne Key
Tax Policy Division
Lavonne Key
Tax Policy Specialist
Sales and Motor Vehicle Tax Policy Section
Tax Policy Division
Texas Comptroller of Public Accounts
Stephen F. Austin State Office Building
1700 N. Congress, Suite 200
Austin, Texas 78701
Office: (800)531-5441, ext. 3-6263
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I say wait until we get an "official" statement from Tesla Motors that shows the car IS in fact, capable of being charged by means of hydrogen. Inundating Lavonne Key with "I told you so" won't get as far without the statement. Once I get the statement, I will gladly forward it onto anyone that wants it. I won't even charge you a legal fee
I wish I could come down from DFW and use your tax office. My county tax office views each transaction and individual as a potential crook trying to pull a fast one.
Having done a number of in- and out-of-state purchases over the years there, I generally have my paperwork prepared in advance, all smiles, and still every line gets scrutinized and I nearly get a pat down (in addition to the standard tax payment $hake down).
Hmm.
I got a letter back saying 'we got your letter. To complete refund process, send copies of signed statement on grounds for refund, purchaser signed bill of sale'. Don't think this will work but made argument that the Model S is 'hydrogen power capable with a home fuel cell'.
One of our cars is about 50% hydrogen powered, the other is probably only about 10%. The way it works is that the sun squishes some hydrogen together and outputs helium and photons. Eight minutes later, our solar panels convert the photons into electrons. The energy from those electrons is stored as chemical energy in our batteries; the ultimate source of this energy comes is hydrogen. In the loose terms of the Texas statute, it appears that our cars meet the requirements.
I realize this is an old thread, but I've heard of at least one other person just recently getting this exemption in Fort Bend county, so it probably varies greatly depending on where in Texas you live.
I have the contact info of another Houston-area lawyer that is willing to work with people wanting to do this, if anyone is interested.
I have the contact info of another Houston-area lawyer that is willing to work with people wanting to do this, if anyone is interested.
gizmoboy
Member
I looked on that Scott Hooper lawyer's site, and he said they have suspended their service because an order was issued clarifying that Teslas are not eligible for this tax exemption (though he wants to challenge it in court).
Wouldn't mind not having to pay tax when I get my S... So I'll watch this closely.
