Today's Law As Amended


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AB-1077 Sales and use taxes: vehicle license fee: alternative fuel motor vehicles.(2013-2014)



As Amends the Law Today


SECTION 1.

 Section 6378.5 is added to the Revenue and Taxation Code, to read:

6378.5.
 (a) There are exempted from the taxes imposed by this part that portion of the gross receipts from the sale of, and that portion of the sales price with respect to the storage, use, or other consumption in this state of, a qualified motor vehicle, that is equal to the greater of the following:
(1) The sum of both of the following:
(A) The amount of any new Qualified Plug-in Electric Drive Motor Vehicle credit received with respect to the qualified motor vehicle under Section 30D of the Internal Revenue Code.
(B) The amount of any state incentive amount received, awarded, or allowed with respect to the qualified motor vehicle under the Clean Vehicle Rebate Project, the California Hybrid and Zero-Emission Truck and Bus Voucher Incentive Project, or the On-Road Heavy-Duty Voucher Incentive Program within the Carl Moyer Program.
(2) The trade-in value of a motor vehicle that is traded in for the qualified motor vehicle if the value of the trade-in motor vehicle is separately stated on the new motor vehicle invoice or bill of sale or similar document provided to the purchaser.
(b) For purposes of this section, “qualified motor vehicle” means a motor vehicle that receives, or is awarded or allowed, either or both of the following:
(1) A credit for a Qualified Plug-in Electric Drive Motor Vehicle under Section 30D of the Internal Revenue Code.
(2) A state incentive amount under the Clean Vehicle Rebate Project, the California Hybrid and Zero-Emission Truck and Bus Voucher Incentive Project, or the On-Road Heavy-Duty Voucher Incentive Program within the Carl Moyer Program.
(c) (1) Notwithstanding any provision of the Bradley-Burns Uniform Local Sales and Use Tax Law (Part 1.5 (commencing with Section 7200)) or the Transactions and Use Tax Law (Part 1.6 (commencing with Section 7251)), the exemption established by this section shall not apply with respect to any tax levied by a county, city, or district pursuant to, or in accordance with, either of those laws.
(2) The exemption established by this section shall not apply with respect to any tax levied pursuant to Section 6051.2 or 6201.2, or pursuant to Section 35 of Article XIII of the California Constitution.
(d) This section shall become operative on January 1, 2014, and shall remain in effect only until January 1, 2022.

SEC. 2.

 Section 10759.5 is added to the Revenue and Taxation Code, to read:

10759.5.
 (a) For purposes of determining the vehicle license fee imposed by this part, there are exempted from the determination of market value of a new motor vehicle propelled by alternative fuels the sum of the amount allowed as a credit under Section 30D of the Internal Revenue Code, relating to new qualified plug-in electric drive motor vehicles, and any state incentive amount received, awarded, or allowed under the Clean Vehicle Rebate Project, the California Hybrid and Zero-Emission Truck and Bus Voucher Incentive Project, or the On-Road Heavy-Duty Voucher Incentive Program within the Carl Moyer Program.
(b) This exemption shall apply to the initial and subsequent determinations of market value pursuant to subdivision (a).
(c) This section shall become operative on January 1, 2014, and shall remain in effect only until January 1, 2022, and as of that date is repealed.
SEC. 3.
 This act provides for a tax levy within the meaning of Article IV of the Constitution and shall go into immediate effect.