Pennsylvania Sales/Use Tax, Public Transportation Assistance Fund Taxes and Fees (PTA)

The following charts and information can be used as a guide for understanding the Pennsylvania Sales/Use PTA Taxes. They provide a reference for use in the filing requirements for the particular taxes and information on what items are taxable.

FILING REQUIREMENTS

 

PA SALE/USE TAX

PA PUBLIC TRANSPORTATION ASSISTANCE FUND

The Pennsylvania sales tax rate continues at 6.0% and the 1.0% Allegheny County/Philadelphia sales tax remains in effect.

Sales Tax Collected on Motor Vehicles Sales: Sales tax collected on the sale of vehicles must be submitted to PennDot along with the required title work and Form MV4ST, Vehicle Sales and Use Tax Return/Application for Registration, within 20 calendar days of a vehicle sale.

Sales Tax Collected/Use Tax Incurred on Transactions Other Than Motor Vehicle Sales: Filing of the sales and use tax returns for sales, other than motor vehicles, is based on the amount of your tax liability.

Monthly - if your sales tax liability for the 3rd quarter of the preceding year was $600 or more, you must file on a monthly basis using Form PA-3. Payment is due the 20th day of the following month.

Quarterly - if your sales tax liability for the 3rd quarter of the preceding year was less than $600 but more than $75, you must file on a quarterly basis using Form PA-3. Payment is due the 20th day following the close of the quarter.

Semiannual - If your sales tax liability was less than $75 for the entire year of 1998, you need only file on a semiannual basis. The January through June liability is due August 20th. The July through December liability is due February 20th.

The special PTA Fund taxes and fees are collected on vehicle leases, tires and vehicle rentals (see the subsequent chart for details on the tax).

The PTA fees and taxes are to be remitted on a quarterly basis along with form PA-4. Payment is due the 20th day of the month following the close of the quarter.

The annual reconciliation must be filed no later than February 15 of the following year in order to claim a credit of licensing and title fees for the rental vehicles paid to the Commonwealth.

Pennsylvania Sales/Use Tax

1998/99

 

TRANSACTIONS

 

 

6% SALES/USE TAX

1% Allegheny County and Philadelphia Sales & Use Tax (1)

 

 

Demonstrator Vehicles and Free Service Loaners

Less than one year of usage

 

6% Use tax charged monthly on the fair rental value of the vehicle (the amount charged for the rental of a vehicle in the market for a similar period of time and place.

If the fair rental value is unknown, 3% of the fair market purchase price at the time of acquisition is acceptable as a monthly fair market rental value.

 

Exceeding 1 year of usage

6% Sales tax is due on the prevailing market price of the vehicle at the time of acquisition less use tax paid throughout the year.

Courtesy Cars, Parts Trucks, Delivery Trucks, Wreckers

6% Sales tax based on the acquisition cost of the vehicle when that vehicle is first placed into use.

Extended Warranties

Sale of extended warranty contract

 

6% Sales tax based on cost of contract. (2)

Repair under full warranty

Not subject to Sales tax.

Repair under partial warranty

6% Sales tax on the amount owed by the customer.

Repair under warranty with deductible

6% Sales tax on the deductible.

 

Rebates & Manufacturer Credit Card Rebates

If reduces overall purchase price of vehicle

 

Not subject to sales tax.

If used as "cash down" and does not reduce overall purchase price

6% Sales tax.

Life, Accident, and Sickness Insurance Coverages

 

Exempt from PA sales tax if separately itemized.

 

Trade-In (3)

Total trade-in applied to purchase price at the time of sale

 

Trade-in reduces purchase price subject to 6% sales tax.

 

Sale of vehicle to someone other than dealer and proceeds applied to sales price

Not considered a trade-in. Does not reduce purchase price for application of sales tax.

Trade-in with portion applied to purchase and portion provided as cash back to the customer Trade-in reduces the purchase price subject to 6% Sales tax by the amount applied to purchase.  The cash back portion does not reduce the sales price subject to 6% sales tax.

Leased Vehicles

The tax is computed on the full amount of the purchase price of the leased vehicle less any trade-in deduction. Total lease price charged includes money down, capitalized cost payments and any other payments made to reduce monthly payments. Note: customer must offer title to the vehicle being traded-in to count toward trade-in exemption.

 

6% Sales tax to be collected with the monthly lease payment regardless of the length of the lease.

Option to buy for Residual Value

6% Sales tax on amounts paid buy customer, the residual value, as well as outstanding lease payments satisfied by the dealer on behalf of the customer.

 

Reassignment of Lease

Exempt from both PA sales tax and PTA tax on payments remitted by the dealer after reassignment as well as the residual value.

 

Repair parts services, repair parts, replacement parts or lubricants purchased for vehicles which are used for leasing

Exempt from PA sales tax.

Towing Service

Exempt from PA sales tax. Must list separately on service invoice. Regardless of towing supplied by third party or by dealerships.

Gas Guzzler Tax

When the federal gas guzzler tax is passed on to the consumer, it is considered by Revenue to be a part of the taxable purchase price subject to the 6% sales tax, regardless of whether it is separately stated.

Sales for Resale

 

Exempt from PA sales tax. The purchaser must establish that the specific property purchased is to be resold, rented or leased in the regular course of business.

Trade-in with portion applied to purchase and portion provided as cash back to the customer

Trade-in reduces the purchase price subject to 6% Sales tax by the amount applied to purchase. The cash back portion does not reduce the sales price subject to 6% sales tax.

(1) Both Allegheny County and Philadelphia assess a 1% sales and use tax in addition to the 6% Commonwealth of PA sales and use tax. The 1% local sales and use tax applies to all of the same transactions as the 6% sales and use tax. The sale and use of vehicles are deemed to occur at the address of the consumer. For goods and service which are not required to be licensed, the seller’s place of business is where the sale is deemed to occur. Dealers are required to maintain proof of outside residency document used by the consumer that resides outside Allegheny county or the City of Philadelphia when claiming an exemption from the 1% tax on the sale of a vehicle.

Pennsylvania Public Transportation Assistance Fund Taxes and Fees (PTA)

1998/99

ITEM

 

PTA TAX/FEE

 

EXEMPTION

Tires

New tires for highway use.

 

 

New tires included as part of a new vehicle purchase, including the spare tire (regardless if it is a full-size tire or a space-saver tire).

 

 

New tires mounted on a used vehicle during reconditioning for sale.

 

$1.00 fee upon the sale of each new tire.

 

Subject to the $1 tire fee.

When a dealer withdraws an automobile from inventory and makes a taxable use of the automobile for sales and use tax purposes, the dealer is required to pay the tire fee due.

Subject to the $1 tire fee.

.

 

Used tires and tires for off highway use are not subject to the fee.

Governmental purchases and resale are exempt.

 

 

 

 

 

 

The purchase of tires by a dealer to be placed on vehicles to be resold are exempt.

Rental of Motor Vehicles

A rental is the contract for the use of a vehicle for a period of 29 days or less. Even though a rental exceeds 29 days, if the original intent of the transaction was a rental, it would not be considered a lease. In such cases the $2 per day fee would be due.

 

$2.00 fee for each day or part of day for which the rental company charges the customer for the rental vehicle. (Per day/Per rental occurrence)

The $2.00 fee is added to the vehicle rental cost after the sales tax is charged.

 

 

 

The $2.00 fee is only imposed on rentals subject to PA sales tax. If exempt from sales tax, then it is also exempt from the $2.00 fee.

Exemption includes service loaner new vehicles from a demonstrator account and vehicle loaners supplied under an extended warranty. If any payment is made for the use of the vehicle, the $2 fee is due.

Leases of Motor Vehicles

A lease is the contract for the use of a vehicle for 30 days or more.

 

 

 

3% tax is due on the full consideration of the lease including:

- bank lease acquisition fees

- monthly lease payments

- excess mileage charges; and

- lease down payment/reduction of capitalized costs.

 

 

The 3% tax is only imposed on leases subject to PA sales tax. If exempt from sales tax, then it is also exempt from the 3% tax.

Also exempt are leased truck or truck tractors in PennDOT truck classes 4 or higher (9,001 pounds and up).

ITEM

 

PTA TAX/FEE

 

EXEMPTION

Leases of Motor Vehicles - continued:

Outstanding lease payments paid off at an early termination

Trade-in value at beginning of lease

Penalty fees for early termination

Repair or damage charges at lease end

Residual purchase price/ending option purchase price

 

 

3% tax is due.

 

3% tax is not applied.

3% tax is not applied.

3% tax is not applied.

3% tax is not applied.

 

Vehicle Rental Tax (Also includes trucks, truck tractors and semi trailers used in the transportation of property other than commercial freight)

Companies that have available for rental five or more motor vehicles designed to carry 15 or less passengers are responsible for collecting an additional tax on the rental/purchase price of the vehicle. A rental is the contract for the use of a vehicle for a period of 29 days or less. Even though a rental exceeds 29 days, if the original intent of the transaction was a rental, it would not be considered a lease. In such cases the 2% tax would be due.

 

 

 

 

 

 

 

 

2% tax imposed on the rental/purchase price, as calculated for sales tax purposes, of each rental contract.

 

 

 

 

 

The 2% tax is only imposed on rentals subject to PA sales tax. If exempt from sales tax, then it is also exempt from the 2% tax.

Exemption includes service loaner new vehicles from a demonstrator account and vehicle loaners supplied under an extended warranty. If any payment is made for the use of the vehicle, the 2% tax is due.

3 If the purchaser/lessee does not pay the fee/tax to the seller/lessor, the purchaser/lessee is required to pay the tax directly to the Department of Revenue.
4
Neither the 6% sales tax nor the corresponding PTA fee/tax need to be included in the lease/rental price used to calculate the 6% sales tax or the PITA tax.

Federal Luxury Tax

1998/99

TRANSACTIONS

 

TAX

 

The luxury tax applies to the first retail sale or lease of the following vehicles:

- 4-wheeled vehicles manufactured primarily for use on public streets, roads or highways.

- Cars with an unloaded or "curb" weight of 6,000 lbs or less.

(This includes demonstrators first sold at retail).

- Trucks, vans and sport utility vehicles with a loaded gross vehicle weight of 6,000 lbs. or less (including R/Vs, conversions, mini vans, and sport utilities).

- All limousines. (The commercial exemption does not apply).

 

 

Effective January 1, 1999, 6% of the amount of the negotiated selling price which exceeds $36,000.

Sales price includes the total amount of consideration paid by the customer. Consideration includes down payment, amount financed (if any) and the actual cash value (ACV)/appraisal value of any trade-in.

Sales price also includes:

- charges incidental to readying a vehicle for use (i.e., transportation, insurance, packaging, preparation, installation and delivery charges);

- dealer parts and accessories and any required goods or services;

- gas guzzler and other applicable excise taxes.

Sales price does not include:

- extended warranty contracts or optional insurance coverages, or state title registration and license fees when stated as separate charges;

- state or local retail sales taxes stated as a separate charge;

- any rebates reducing the price of the car.

 

Exempt Vehicles:

- Trucks, vans and sport utility vehicles with a loaded gross vehicle weight of more than 6,000 lbs.

Exempt no luxury tax imposed

- Vehicles to be used by purchasers exclusively in the active conduct of a trade or business of transporting persons or property for compensation or hire (taxicabs, airport vans, hearses, commercial trucks, or vans, etc.). When leased or rented, these vehicles must include a driver to be exempt.

 

- Vehicles sold to any person for use exclusively in providing emergency medical services.

- Vehicles sold to the U.S. government or state or local gov’t.

 

- Vehicles that have been converted or modified to accommodate people with physical disabilities. (If a customer purchases a vehicle with a GVWR under 6,000 lbs. and which exceeds the $36,000 luxury tax threshold, the vehicle is subject to tax, but there is no luxury tax on any equipment added to help a disabled person enter, exit or operate the vehicle).

 

- Vehicles sold for export. Dealer must obtain proof.

 

- Vehicles sold to a lessor who intends to lease it for 1 year or more. This does not include rental companies unless the term of the individual rental is 1 year or more.

 

Exempt transactions:

 

- Sales of vehicles to other dealers or leasing companies are exempt from luxury tax if the other dealer is purchasing the vehicles for the purpose of reselling them at retail. Dealers should document these "exempt sales" by having the purchasing dealer or lessor sign an exemption certificate

Exempt no luxury tax imposed.

For more information feel free to contact us via e-mail at info@cpabr.com,
phone @ 717-761-7210 or fax @ 717-761-7134.