This Fiscal Note is not an official copy and should not be quoted or cited.
Fiscal Note - SB 0124 - Sales/Use Tax on Trade-Ins

L.R. NO.  0584-02
BILL NO.  Perfected SB 124
SUBJECT:  Motor Vehicles-property - Real and Personal Taxation and Revenue
TYPE:     Original
DATE:     February 25, 1997


                              FISCAL SUMMARY

                    ESTIMATED NET EFFECT ON STATE FUNDS

FUND AFFECTED              FY 1998             FY 1999           FY 2000
General Revenue            Unknown             Unknown           Unknown

Highway                    Unknown             Unknown           Unknown

School District
Trust                      Unknown             Unknown           Unknown

Conservation               Unknown             Unknown           Unknown

Parks and Soils            Unknown             Unknown           Unknown

Total Estimated
Net Effect on All
State Funds               *Unknown            *Unknown          *Unknown

*Increased revenue in an unknown amount.


                   ESTIMATED NET EFFECT ON FEDERAL FUNDS

FUND AFFECTED              FY 1998             FY 1999           FY 2000

Total Estimated
Net Effect on All
Federal Funds                   $0                  $0                $0


                    ESTIMATED NET EFFECT ON LOCAL FUNDS

FUND AFFECTED              FY 1998             FY 1999           FY 2000

Local Government           Unknown             Unknown           Unknown


                              FISCAL ANALYSIS

ASSUMPTION

Officials of the Office of Administration (COA) state this proposal would
have a small positive impact on state revenue, likely less than $100,000
annually.

Officials of the Department of Revenue (DOR) state this proposal would
require sales tax to be paid on articles used as trade-ins in order to obtain
sales tax credit for the article.

Under current law, credit is given against the sales tax due on a retail
purchase for the value of any article taken in trade, whether tax has been
paid on that item or not.  This bill requires tax to have been paid on the
article taken in trade.  The effect should be a gain to all state and local
sales tax funds; however, the amount of such gain is unknown.

Motor Vehicle Bureau (MVB) would be required to revise and reprint the
titling manual and revise policies.  Mailing costs would also be incurred for
these revisions.  Estimated cost to General Revenue for FY98 is $11,265.

REVENUE IMPACT:
DOR stated the proposal would effect a net gain to all state and local sales
tax funds.  The amount of such gain is indeterminable for the following
reasons:

1) Motor vehicle trade-in values are not currently tracked;

2) Many title applicants omit the trade-in information from the title
application and simply show the amount they paid as the purchase price; and,

3) The number of persons that will attempt to trade in merchandise for which
they have no proof of payment of the original tax amount is indeterminable.
It is thought that this will result in a substantial gain to all state and
local sales tax funds in all regular sales and use transactions involving
trade-ins since the trade-in will not be allowed unless such proof is
maintained.  This will apply to gift transactions as well, meaning that if an
item is given as a gift and later used as a trade-in on a new item, no
trade-in credit would be allowed unless the person proved the giver of the
gift had paid sales tax on the original purchase of the item.


FISCAL IMPACT - State Government      FY 1998   FY 1999   FY 2000
                                     (10 Mo.)

Income to General Revenue Fund
  Tax exempt articles not deducted    Unknown   Unknown   Unknown

Cost: Department of Revenue
  Expense & Equipment               ($11,265)        $0        $0


ESTIMATED NET EFFECT
ON GENERAL REVENUE FUND               Unknown   Unknown   Unknown

Income to Highway Fund
  Tax exempt articles not deducted    Unknown   Unknown   Unknown

Income to School District Trust Fund
 Tax exempt articles not deducted     Unknown   Unknown   Unknown

Income to Conservation Fund
 Tax exempt articles not deducted     Unknown   Unknown   Unknown

Income to Parks & Soils Fund
 Tax exempt articles not deducted     Unknown   Unknown   Unknown


FISCAL IMPACT  - Local Government     FY 1998   FY 1999   FY 2000
                                     (10 Mo.)

Income to Cities and Counties
  Tax exempt articles not deducted    Unknown   Unknown   Unknown


FISCAL IMPACT - Small Business

No fiscal impact to small businesses would be expected as a result of this
proposal.


DESCRIPTION

Currently, when an item is taken in trade as a credit or part payment of the
purchase price of the article being sold, sales tax is only paid on the
difference between the sale price and the price of the article traded.  This
act would allow a reduction for the price of the article traded only if sales
tax has been paid on the article being traded.

This legislation is not federally mandated, would not duplicate any other
program and would not require additional capital improvements or rental
space.


SOURCES OF INFORMATION

Office of Administration
Department of Revenue