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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
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PA SALE/USE TAX |
PA PUBLIC TRANSPORTATION ASSISTANCE FUND |
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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
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TRANSACTIONS
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6% SALES/USE TAX
1% Allegheny County and Philadelphia Sales &
Use Tax (1)
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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. |
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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. |
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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. |
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Extended Warranties
Sale of extended warranty contract |
6% Sales tax based on cost of contract. (2) |
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Repair under full warranty |
Not subject to Sales tax. |
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Repair under partial warranty |
6% Sales tax on the amount owed by the customer. |
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Repair under warranty with deductible |
6% Sales tax on the deductible. |
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Rebates & Manufacturer Credit Card Rebates
If reduces overall purchase price of vehicle |
Not subject to sales tax. |
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If used as "cash down" and does not reduce overall
purchase price |
6% Sales tax. |
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Life, Accident, and Sickness Insurance Coverages
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Exempt from PA sales tax if separately itemized. |
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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. |
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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. |
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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. |
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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. |
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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. |
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Repair parts services, repair parts, replacement parts or
lubricants purchased for vehicles which are used for leasing |
Exempt from PA sales tax. |
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Towing Service |
Exempt from PA sales tax. Must list
separately on service invoice. Regardless of towing supplied by
third party or by dealerships. |
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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. |
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Sales for Resale
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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. |
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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
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ITEM
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PTA TAX/FEE
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EXEMPTION |
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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.
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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. |
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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.
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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. |
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Leases of Motor Vehicles
A lease is the contract for the use of a vehicle for 30 days
or more.
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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.
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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). |
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ITEM
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PTA TAX/FEE
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EXEMPTION |
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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. |
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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.
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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.
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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
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TRANSACTIONS
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TAX
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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).
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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.
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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 |
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- 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. |
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- 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. |
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- 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). |
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- Vehicles sold for export. Dealer must obtain proof. |
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- 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. |
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Exempt transactions: |
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- 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.
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