Dallas County Tax Office Huge ripoff on taxes when I bought a used car Paid more than TWICE on taxes. Irving Texas

You buy from an individual, your taxes are based on book value not what you said you paid for the vehicle.

It is the LAW, TEXAS LAW that is.

The state's publication on Standard Presumptive Value is here:

http://www.window.state.tx.us/taxinfo/taxpubs/tx96_1219.pdf

It indicates that the minimum a dealer can charge for an appraisal is $100. That means that the difference between SPV and the amount paid will have to be $1600 AT THE VERY LEAST (6.25% sales tax X $1600 is $100).

Two possibilities for the appraisal are to go to CarMax and ask them to make an offer on your car. The offer includes the dealer's license number and is official. Second is to get a licensed insurance appraiser to value the car. The state does not set guidelines for the fees charged by them, so they may be cheaper.

You can also say that the car was a gift. The tax on gifts is only $25.

Or you can write or call your congressman and express your displeasure with the fact that the public, in general, is considered untrustworthy by the very legislators they elected. Maybe we should consider the voters' decisions inaccurate and impeach the whole lot of them.

I find it ironic that the only people that the state legislature seem to trust to state the actual sales price of the car are used car dealers! Anybody know an honest used car dealer? Perhaps it's "professional courtesy" from one sleazy profession to another.

Just be glad you don't live in Florida. When my brother moved there and took his car, he had to pay the full sales tax based on the value of the car AGAIN! At least the State of Texas takes into account taxes paid in other states towards the purchase of a car when transferring title into the state.

The state's publication on Standard Presumptive Value is here:

http://www.window.state.tx.us/taxinfo/taxpubs/tx96_1219.pdf

It indicates that the minimum a dealer can charge for an appraisal is $100. That means that the difference between SPV and the amount paid will have to be $1600 AT THE VERY LEAST (6.25% sales tax X $1600 is $100).

Two possibilities for the appraisal are to go to CarMax and ask them to make an offer on your car. The offer includes the dealer's license number and is official. Second is to get a licensed insurance appraiser to value the car. The state does not set guidelines for the fees charged by them, so they may be cheaper.

You can also say that the car was a gift. The tax on gifts is only $25.

Or you can write or call your congressman and express your displeasure with the fact that the public, in general, is considered untrustworthy by the very legislators they elected. Maybe we should consider the voters' decisions inaccurate and impeach the whole lot of them.

I find it ironic that the only people that the state legislature seem to trust to state the actual sales price of the car are used car dealers! Anybody know an honest used car dealer? Perhaps it's "professional courtesy" from one sleazy profession to another.

Just be glad you don't live in Florida. When my brother moved there and took his car, he had to pay the full sales tax based on the value of the car AGAIN! At least the State of Texas takes into account taxes paid in other states towards the purchase of a car when transferring title into the state.

We've had the same policy here in NJ for years and it's BS. The state just cries when they can't get what is perceived as their money and somehow every consumer must be ripping them off. Not to mention that it is double/triple/quadruple taxing from the start. The sales tax was paid when the vehicle was new.

We've had the same policy here in NJ for years and it's BS. The state just cries when they can't get what is perceived as their money and somehow every consumer must be ripping them off. Not to mention that it is double/triple/quadruple taxing from the start. The sales tax was paid when the vehicle was new.

We've had the same policy here in NJ for years and it's BS. The state just cries when they can't get what is perceived as their money and somehow every consumer must be ripping them off. Not to mention that it is double/triple/quadruple taxing from the start. The sales tax was paid when the vehicle was new.

We've had the same policy here in NJ for years and it's BS. The state just cries when they can't get what is perceived as their money and somehow every consumer must be ripping them off. Not to mention that it is double/triple/quadruple taxing from the start. The sales tax was paid when the vehicle was new.

and it's probably not going to be worth your while to do that, it looks like your stuck. If the the market value was $4,628, then you can request a refund for the 20% additional tax you paid, which is around $75.

I would also write Governor "Zoolander" "Aqua-Net" Perry and tell him what a slimeball governor he is for passing that crap.

Below is an exact copy of the email I got from the Tax Offices about my complaint.

********************
This is in response to your e-mail regarding the standard presumptive
value for determining motor vehicle sales tax due on the purchase of a
used 1996 Cadillac from a private individual.

First, I understand your concerns about the new standard presumptive
value data base for calculating sales tax due on the purchase of a used
vehicle passed by the Texas Legislature in 2006 and appreciate your
comments.

Unfortunately, the standard presumptive value does not account for
damage or abnormal wear and tear. However, if you are not satisfied with
the standard presumptive value, you can request a certified appraisal
from a licensed motor vehicle dealer or insurance adjuster licensed by
the Texas Insurance Code.

Section 152.0412 of the Texas Tax Code, effective October 1, 2006,
requires that
Texas motor vehicle sales and use tax be based on either the purchase
price paid for a vehicle or 80 percent of a vehicle's standard
presumptive value (SPV), whichever is greater, to determine the tax base
for calculating motor vehicle sales and use tax due on private-party
sales of used motor vehicles. The statute further requires that the
Texas Department of Transportation (TXDOT) determine and publish a SPV
data base for used vehicles based on an appropriate regional guidebook
of a nationally recognized motor vehicle value guide service, or based
on another motor vehicle guide publication that TXDOT determines is
appropriate if a private-party transaction value for the motor vehicle
is not available from a regional guidebook. TXDOT contracted with Black
Book as the national guide to provide these values.

The vehicle's SPV available to the public online on TXDOT's Web site at
www.txdot.gov/services/vehicle_titles_and_registration/ is 100 percent
of the SPV, not 80 percent and the SPV does not account for damage or
abnormal wear and tear. TXDOT has incorporated the values supplied by
Black Book into its Registration and Title System (RTS) so that the
county tax assessor-collector will see the 80 percent of SPV on their
RTS screen when the county registers and titles a vehicle and collects
the motor vehicle sales and use tax. For questions pertaining to the SPV
data base, contact TXDOT at 512-564-7611 or by e-mail at
VTR-CIS@dot.state.tx.us.

Section 152.0412 allows a purchaser of a used motor vehicle, who is not
satisfied with the SPV, to get a certified appraisal to establish the
taxable value of the motor vehicle for the purpose of calculating the
amount of motor vehicle sales tax due as provided for in section (d) of
Rule 3.79, Standard Presumptive Value.

The purchaser is required to furnish the certified appraisal to the
county on a Comptroller of Public Accounts form within 20 county working
days after purchase date or within 20 county working days after bringing
the vehicle into Texas. The appraisal form 96-1218 and Rule 3.79 may be
downloaded from the Comptroller's web site at:
www.window.state.tx.us/taxinfo/mtr_veh/mv_su.html

The Comptroller of Public Accounts is required by law to implement
legislation as passed by the Texas Legislature and only the Texas
Legislature, not the Comptroller, can change the law. As a concerned
taxpayer, you may wish to make your comments known to your state
representative or senator.

I hope this information helps. If you have further questions, please
e-mail them to tax.help@cpa.state.tx.us, or you may reach me by phone at
(800) 531-5441, ext. 3-4986.

Our goal is to provide you with prompt, professional service. Please
take a moment to complete our on-line survey at
http://aixtcp.cpa.state.tx.us/surveys/tpsurv2/index.html

The State won't be able to grant you a refund because you paid the county. However, having the State Comptoller's Office support your position puts you on solid ground in obtaining your refund from Dallas County. City or County sales tax law cannot trump the State laws. Emailing is good because it provides you the written evidence.

Assuming the State agrees with you, then you need to call Dallas County. I looked at their website and there are several agencies which may handle this. I don't exactly know which one. You should start with the County Clerk Office and tell them the problem and the fact that you have contacted the State Comptroller's Office and they overcharged you, based on their interpretation of the law. If this is not the County Clerk's job to grant you a refund; they should be able to direct you to the proper department. You won't be dealing with the $9.00 an hour clerk, hopefully. If they give you a hard time; then ask to speak to their supervisor.

Good luck!

The State won't be able to grant you a refund because you paid the county. However, having the State Comptoller's Office support your position puts you on solid ground in obtaining your refund from Dallas County. City or County sales tax law cannot trump the State laws. Emailing is good because it provides you the written evidence.

Assuming the State agrees with you, then you need to call Dallas County. I looked at their website and there are several agencies which may handle this. I don't exactly know which one. You should start with the County Clerk Office and tell them the problem and the fact that you have contacted the State Comptroller's Office and they overcharged you, based on their interpretation of the law. If this is not the County Clerk's job to grant you a refund; they should be able to direct you to the proper department. You won't be dealing with the $9.00 an hour clerk, hopefully. If they give you a hard time; then ask to speak to their supervisor.

Good luck!

The State won't be able to grant you a refund because you paid the county. However, having the State Comptoller's Office support your position puts you on solid ground in obtaining your refund from Dallas County. City or County sales tax law cannot trump the State laws. Emailing is good because it provides you the written evidence.

Assuming the State agrees with you, then you need to call Dallas County. I looked at their website and there are several agencies which may handle this. I don't exactly know which one. You should start with the County Clerk Office and tell them the problem and the fact that you have contacted the State Comptroller's Office and they overcharged you, based on their interpretation of the law. If this is not the County Clerk's job to grant you a refund; they should be able to direct you to the proper department. You won't be dealing with the $9.00 an hour clerk, hopefully. If they give you a hard time; then ask to speak to their supervisor.

Good luck!

The State won't be able to grant you a refund because you paid the county. However, having the State Comptoller's Office support your position puts you on solid ground in obtaining your refund from Dallas County. City or County sales tax law cannot trump the State laws. Emailing is good because it provides you the written evidence.

Assuming the State agrees with you, then you need to call Dallas County. I looked at their website and there are several agencies which may handle this. I don't exactly know which one. You should start with the County Clerk Office and tell them the problem and the fact that you have contacted the State Comptroller's Office and they overcharged you, based on their interpretation of the law. If this is not the County Clerk's job to grant you a refund; they should be able to direct you to the proper department. You won't be dealing with the $9.00 an hour clerk, hopefully. If they give you a hard time; then ask to speak to their supervisor.

Good luck!

That doesn't seem right to charge the market value of the automobile regardless of whom you purchased it from. I understand if it's a rental vehicle; that would be another matter but since you purchased it, I don't think the clerk knew what she was talking about. I handle sales and use taxes for a Corporation but have never been involved with computing sales tax on used cars.

There may be some relief for you. Since you paid more in (State) sales tax than the local tax and the laws are State of Texas laws not some $9.00 an hour county clerk or governed by Dallas County, I would ask the State Comptroller's Office in Austin. You can email them your situation and they will respond to you via email. If it is a favorable answer, they may tell you how to obtain a refund. I am sure you would need proof (copy showing the sales tax you paid).

Here is their email address: tax.help@cpa.state.tx.us or

For Sales and Use Taxes 1-800-252-5555

Respond when you receive an answer.