Motor Vehicle Industry Guide

derek.l.anderson Thu, 05/09/2019 - 07:31
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Motor Vehicle Industry Guide

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This information describes the sales and use tax topics related to the motor vehicle industry. Use the links in the Guide Menu to see information about that topic.

Sales and Transfers

derek.l.anderson Thu, 05/09/2019 - 07:34
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Sales and Transfers

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Motor Vehicle Sales Tax is due on most motor vehicle purchases or transfers. See the topics under Sales and Transfers in the Guide Menu for more details about that topic.

Motor Vehicle Sales Tax

derek.l.anderson Mon, 05/20/2019 - 11:18
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Motor Vehicle Sales Tax

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Motor Vehicle Sales Tax is due on most motor vehicle purchases or transfers.

Tax is due every time that a title transfers, unless an exemption applies. This includes sales by car dealers, leasing companies, private individuals, or any other type of business.

A motor vehicle is any vehicle that requires a license for road use, such as:

  • Cars
  • Motorcycles
  • Motor homes
  • Pickups
  • Trailers
  • Commercial and non-commercial trucks
  • Semi/Truck-tractors
  • Tractors
  • Vans

The tax rate is 6.5% of the vehicle purchase price. This tax is paid to a deputy registrar or Driver and Vehicle Services of the Department of Public Safety when the title is transferred.

A lower sales tax rate applies to sales of older passenger vehicles, collector vehicles, and collector fire trucks. See miscellaneous motor vehicle taxes section for more information.

Gifted or Donated Vehicles

derek.l.anderson Mon, 05/20/2019 - 11:21
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Gifted or Donated Vehicles

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The motor vehicle sales tax applies to the fair market value of the vehicle at the time of the gift or donation.

For more information, see the Driver and Vehicle Services of the Department of Public Safety website. 

Note: A business cannot use their direct pay authorization to buy motor vehicles exempt from tax.

Calculating the Vehicle Purchase Price

derek.l.anderson Mon, 05/20/2019 - 11:22
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Calculating the Vehicle Purchase Price

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The purchase price is determined by subtracting any rebates and trade-in allowance from the vehicle sales price.

Vehicle sales price
 - Rebates
 - Trade-in allowance

 = Purchase price of vehicle
 x 6.5% Motor Vehicle tax rate

 = Motor Vehicle Sales Tax

Vehicle Sales Price

derek.l.anderson Mon, 05/20/2019 - 11:27
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Vehicle Sales Price

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The vehicle sales price includes:

  • Price of the vehicle
  • Charges for labor performed (such as rustproofing, undercoating, dealer preparation, and transportation)
  • Charges for accessories (such as running boards and mud flaps)
  • Federal excise tax when it is imposed at the wholesale level and passed on to the customer

Rebate

derek.l.anderson Mon, 05/20/2019 - 11:29
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Rebate

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Any rebate, regardless of origin, is deducted from the sales price of a motor vehicle before calculating the tax.

The rebate must have a fixed value at the time of purchase.

The rebate may be:

  • Shown on the purchase agreement as a reduction in the vehicle purchase price
  • Applied as a down payment
  • Refunded directly to the customer

The deduction applies to manufacturers’ rebates and rebates issued by third parties who entered into an agreement with vehicle manufacturers. 

Example

A credit card company offers car rebates as an incentive for buyers to use their credit card. The credit card company and vehicle manufacturer entered into a third-party agreement to offer the rebate. The rebate is deducted from the taxable sales price of the vehicle. 

Note: Rebates from off-road vehicles – such as watercraft, all-terrain vehicles, and snowmobiles – do not reduce the sales price of a motor vehicle before calculating sales tax.

Trade-In Allowance

derek.l.anderson Mon, 05/20/2019 - 11:35
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Trade-In Allowance

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A trade-in allowance reduces the purchase price when the seller takes a motor vehicle in trade.

The vehicle must be titled in the name of the customer trading in the vehicle except in the following situations:

  • A child is trading in a vehicle titled in his or her parent’s name
  • An individual is trading in a vehicle titled in his or her spouse’s name

The trade-in of an off-road vehicle does reduce the purchase price of a motor vehicle. However, sales tax for the motor vehicle is calculated on the full purchase price before the trade-in allowance.

What type of vehicle is being purchased? What type of vehicle is being traded in?  What price is sales tax calculated on?
Motor vehicle Motor vehicle The purchase price after subtracting the trade-in allowance
Motor vehicle Off-road vehicle The purchase price before subtracting the trade-in allowance


For more information, see Off-Road Vehicle.

Charges Not Subject to the Motor Vehicle Sales Tax

derek.l.anderson Mon, 05/20/2019 - 11:37
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Charges Not Subject to the Motor Vehicle Sales Tax

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Do not charge the motor vehicle sales tax on:

  • Extended warranties
  • Federal excise tax that is imposed at the retail level and separately stated on the customer’s invoice
  • Luxury tax on cars
  • Registration, license, and document fees

Vehicle Disability Accessible Modifications

derek.l.anderson Mon, 05/20/2019 - 11:39
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Vehicle Disability Accessible Modifications

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Charges for parts, accessories, and labor to make a vehicle disability accessible are not taxable.

To claim this exemption when buying a vehicle, the applicant must provide a statement describing the modifications and the value. Attach the statement to the application for title of the vehicle.

If the modifications are made after the purchase, the purchaser or owner must give the vendor a completed Form ST3, Certificate of Exemption.

Local Vehicle Excise Taxes

derek.l.anderson Mon, 05/20/2019 - 11:40
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Local Vehicle Excise Taxes

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Local sales tax does not apply to sales of vehicles. Instead, a local vehicle excise tax may apply to sales of motor vehicles registered for road use.

When Do Local Vehicle Excise Taxes Apply?

derek.l.anderson Mon, 05/20/2019 - 11:44
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When Do Local Vehicle Excise Taxes Apply?

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Vehicle excise tax must be collected by any person in the business of selling new or used motor vehicles at retail in certain areas.

Individuals, institutions, businesses, non-profit organizations, and state and local government agencies must pay the excise tax.

Businesses selling motor vehicles in a county or a city with a vehicle excise tax must collect a $20 tax on each vehicle and report it on their Minnesota sales and use tax return. They must collect the excise tax even if the buyer is not from Minnesota and will register the vehicle in another state.

All buyers must pay local vehicle excise taxes except for:

  • Federal government agencies
  • Vehicles not required to be licensed for road use (marked police cars, fire trucks, ambulances)
  • Vehicles for resale

The Minnesota Department of Revenue administers the vehicle excise tax for some counties. For information on the vehicle excise taxes we administer, see Local Sales and Use Taxes.

Some cities and counties administer their own excise tax. Contact your city or county for more information.

Note: This fee is not collected by the deputy registrar or the Driver and Vehicle Services of the Department of Public Safety.

Miscellaneous Motor Vehicle Taxes

derek.l.anderson Mon, 05/20/2019 - 11:53
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Miscellaneous Motor Vehicle Taxes

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Some vehicles have different tax rates than most.

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Motor Vehicles Not Registered in Minnesota

derek.l.anderson Mon, 05/20/2019 - 11:58
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Motor Vehicles Not Registered in Minnesota

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When the customer states they will register the vehicle in another state, you must verify the customer’s name and address listed on their driver’s license and the signed contract.

If you can verify this information, the sale is not subject to the Minnesota Motor Vehicle Sales Tax.

Vehicles Owned By a Non-Minnesota Business Entity

derek.l.anderson Mon, 05/20/2019 - 12:00
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Vehicles Owned By a Non-Minnesota Business Entity

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When a non-Minnesota business owns a motor vehicle that is operated by a Minnesota resident, it is presumed that the Minnesota resident is the owner of the motor vehicle when two or more of the following are true:

  • The business lacks a specific business activity or purpose
  • The business maintains no physical presence in the jurisdiction where it is organized
  • The business earns de minimis or no revenue
  • The business maintains minimal or no business records
  • The business fails to employ individuals and does not provide W-2 wage statements
  • The business does not file federal income tax returns or fails to file state income tax in the state they are organized

A motor vehicle is under the control of a Minnesota resident when the following conditions are met:

  • The vehicle is driven by a Minnesota resident
  • The resident is a partner, member, or shareholder of the business entity
  • The resident is insured to drive the vehicle
  • Operates or stores the vehicle in Minnesota for any period of time

Lemon Law

derek.l.anderson Mon, 05/20/2019 - 12:03
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Lemon Law

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Minnesota’s vehicle warranty statute, also known as Minnesota’s Lemon Law, helps protect buyers who buy or lease a new car, pickup truck, or van that is still under the original manufacturer’s warranty (See Minnesota Statute 325F.665).

For more information, call the Attorney General’s Office at 651-296-3353 or 1-800-657-3787.

If the vehicle qualifies for a refund under the Lemon Law, then the manufacturer is responsible for refunding the sales tax.

Refunds

derek.l.anderson Mon, 05/20/2019 - 12:05
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Refunds

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If the motor vehicle sales tax was paid in error on the purchase of a vehicle, then the customer should file a refund claim directly with the Driver and Vehicle Services of the Department of Public Safety by using a Claim for Motor Vehicle Refund form.

The Minnesota Department of Revenue does not issue refunds for motor vehicle sales tax paid in error. 

Insurance reimbursements

derek.l.anderson Mon, 05/20/2019 - 12:06
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Insurance reimbursements

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If your car is totaled and you receive reimbursement for the value of the vehicle, no sales tax refund is allowed.

Once a title is issued, the tax is not refundable unless it falls under the state Lemon Law.

Vending Machine Sales

derek.l.anderson Mon, 05/20/2019 - 12:12

Local sales tax

derek.l.anderson Mon, 05/20/2019 - 12:15
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Local sales tax

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Some cities and counties have local sales and use taxes.

If you make sales into or are located in an area with a local tax, you may owe local sales or use tax. For more information, see Local Sales and Use Taxes.

How to Determine Sales Tax Rate

Use the location where the product is received by the customer, typically your business or a delivery address.

You can use the Sales Tax Rate Map or Sales Tax Rate Calculator to help you determine the sales tax rate.

Note: The map and rate calculator do not include special local taxes.

For more information, see:

Nontaxable Transactions

derek.l.anderson Thu, 05/09/2019 - 08:46
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Nontaxable Transactions

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Some vehicle transactions are exempt from Motor Vehicle tax, open the sections below for more details.

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Leases

derek.l.anderson Thu, 05/09/2019 - 10:16
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Leases

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Motor vehicle leases are subject to Minnesota sales tax. These sections show how much tax is collected, when, and nontaxable charges.

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Short-Term Rentals

derek.l.anderson Thu, 05/09/2019 - 13:56
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Short-Term Rentals

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Short-term motor vehicle rentals are leases of vehicles under an agreement for 28 days or less. Short-term rentals for certain motor vehicles are subject to the following:

  • Minnesota general sales tax rate
  • Any local taxes that apply
  • 9.2 percent Motor Vehicle Rental Tax
  • 5 percent Motor Vehicle Rental Fee, if applicable

Individuals, institutions, businesses, nonprofit organizations, and Minnesota state and local government agencies must pay the rental tax and fee, in addition to the general state sales tax and any applicable local sales tax.

The Motor Vehicle Rental Tax and Fee are due on all rental agreements that meet the following requirements:

  • The vehicle is a passenger automobile (designed to carry up to 15 passengers including the driver) including:
  • Passenger car
  • Passenger van with a carrying capacity of 3/4 ton or less (rated by the manufacturer)
  • Pickup truck with a carrying capacity of 3/4 ton or less (rated by the manufacturer)
  • The period of the agreement is 28 days or less
  • The customer takes possession of the vehicle in Minnesota

Note: The Motor Vehicle Rental Tax and Fee apply to short-term rentals, such as daily or weekly, even if the customer keeps the vehicle for more than 28 days. (Because the agreement is for 28 days or less, even if the customer keeps the vehicle for more than 28 days.)

Rentals Not Subject to Motor Vehicle Rental Tax and Fee

derek.l.anderson Thu, 05/09/2019 - 14:02
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Rentals Not Subject to Motor Vehicle Rental Tax and Fee

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The 9.2 percent rental tax and 5 percent rental fee do not apply to rentals of:

  • Ambulances rented to ambulance services
  • Box trucks and trailers
  • Buses, school buses, or specially licensed commuter vans
  • Buses converted to provide temporary living quarters
  • Conversion vans equipped with at least four of the following:
    • Liquid propane gas cooking stove
    • Heating or air-conditioning unit separate from the vehicle engine
    • Refrigerator
    • Self-contained or externally connected toilet
    • Separate electrical power supply
    • Water supply system including a sink with a faucet
  • Limousines that include the services of a driver
  • Limousines used in a burial or funeral services
  • Motorcycles and motor scooters
  • Motor homes
  • Passenger vehicles used to provide licensed taxi services
  • Vans designed or adapted primarily for transporting property (with or without a barrier between the operator and the cargo areas)  
  • Vehicles rented to federal government agencies
  • Vehicles that have a camper mounted on the chassis of the vehicle

 Note: The 9.2 percent rental tax and 5 percent rental fee do not apply to short-term rentals if the vehicle is either:

  • exempt from Minnesota general sales tax and local taxes
  • not a passenger vehicle, pickup truck, or van as defined in this section

Rentals Not Subject to the Motor Vehicle Rental Fee

derek.l.anderson Thu, 05/09/2019 - 14:08
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Rentals Not Subject to the Motor Vehicle Rental Fee

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The 5 percent rental fee does not apply to rentals by certain nonprofit car-sharing entities whose members pay the organization for the use of a motor vehicle (passenger vehicles, pickup trucks, vans). The fee does not apply if the organization:

  • Owns or leases a fleet of vehicles that are available to individual or group members to use for intervals of one hour or less
  • Parks its vehicles at unstaffed, self-service locations that are accessible any time of day
  • Provides maintenance, insurance, and fuel for the vehicle
  • Does not provide discounts or lower rates for increased use

Note: Member fees are subject to the state general sales tax, the 9.2 percent rental tax, and any local taxes that apply.

Motor Vehicle Lessor Exemption

derek.l.anderson Thu, 05/09/2019 - 14:11
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Motor Vehicle Lessor Exemption

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A lessor may choose to be exempt from collecting the 5 percent rental fee if, in the prior calendar year, the lessor had either:

  • No more than 20 motor vehicles available for rent
  • $50,000 or less in gross receipts subject to the rental fee

Reporting the Rental Tax and Fee

derek.l.anderson Thu, 05/09/2019 - 14:14
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Reporting the Rental Tax and Fee

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These sections will show details about reporting the Motor Vehicle Rental Tax an Motor Vehicle Rental Fee.

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Loaner Vehicles

derek.l.anderson Thu, 05/09/2019 - 14:29
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Loaner Vehicles

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You must charge sales tax or accrue use tax on loaner vehicle rental fees depending on who pays for use of the vehicle.

If you get the loaner vehicle from a third party, do not pay sales tax or rental fees. Give your vendor a completed Form ST3, Certificate of Exemption. Specify the Resale exemption.

Who is paying for use of the loaner vehicle? How is sales and use tax handled
Customer

Charge these taxes on the rental fee:

  • 9.2 percent rental tax
  • the 5 percent rental fee
  • general state sales tax
  • local sales taxes that apply
Dealer (dealer absorbs the rental cost)

If you own the loaner vehicle, accrue use tax on the reasonable rental value, including any local taxes that apply.

If you do not own the loaner vehicle, the dealer pays these taxes and fees when they pay the third party for the vehicle:

  • 9.2 percent rental tax
  • the 5 percent rental fee
  • general state use tax
  • local use taxes that apply

Note: If you own the vehicle and paid the Motor Vehicle sales tax on the loaner vehicle, no additional tax is due.

Transportation Assistance Program Accrue general state use tax and any local use taxes that apply on the rental fee.
A third party (under the original manufacturer's warranty) No 9.2 percent rental tax, 5 percent rental fee, or state or local sales taxes, is due.
A third party (under an extended warranty)

Charge these taxes on the rental charge:

  • 9.2 percent rental tax
  • the 5 percent rental fee
  • general state sales tax
  • local sales taxes that apply

 

Tribal Governments and Members

derek.l.anderson Thu, 05/09/2019 - 14:44
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Tribal Governments and Members

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Vehicles sold to a tribal member (all 11 tribes) are not subject to the Motor Vehicle sales tax if the sale meets both of these conditions:

  • The purchaser lives on the reservation
  • The sale occurs on the reservation (A sale occurs on the reservation when papers are signed, payment is made, or the vehicle is delivered to the purchaser on the reservation.)

 For more information, see Tribal Governments and Members.

Repair Services and Parts

derek.l.anderson Fri, 05/10/2019 - 07:27
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Repair Services and Parts

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During the vehicle repair process parts, labor, shop supplies, and more are all factors where you or the customer need to pay sales tax. Some items may also be exempt, see the sections below for more details.

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Towing, Cleaning, and Rustproofing Services

derek.l.anderson Fri, 05/10/2019 - 13:12
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Towing, Cleaning, and Rustproofing Services

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Towing, cleaning, and rustproofing services to a motor vehicle are taxable unless an exemption applies. Some items used and consumed in the taxable service may be purchased exempt. See Exempt Purchases.

Towing Services

derek.l.anderson Fri, 05/10/2019 - 13:16
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Towing Services

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The total price charged for towing a motor vehicle is taxable, including administrative fees relating to the service. For example, if charges for calling authorities, check cashing, and completing insurance forms are included, the total amount is taxable, even if those charges are separately stated. If tax is included in the total amount rather than separately stated, the invoice must state that tax is included.

Other towing and related services are not taxable.

Taxable Towing Services

derek.l.anderson Fri, 05/10/2019 - 13:22
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Taxable Towing Services

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The following towing services are taxable:

  • Towing, pulling, or transporting motor vehicle on a flatbed truck to any location
  • Towing snowbirds or other illegally parked motor vehicles to impound lots
  • Pulling or winching motor vehicles out of ditches
  • Recovery services, such as up righting overturned semi tractors, trailers, or other motor vehicles

Nontaxable Services

derek.l.anderson Fri, 05/10/2019 - 14:30
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Nontaxable Services

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The following are nontaxable towing services:

  • Decking or stacking
  • Delivering fuel to stranded motorists
  • Jump starting vehicles
  • Roadside repair
  • Tire repair or other repair services on the road
  • Towing boats
  • Towing construction equipment or other equipment or machines not licensed for road use
  • Towing farm tractors or farm wagons
  • Towing auto hulks

Sales Tax Sourcing on Towing

derek.l.anderson Fri, 05/10/2019 - 14:38
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Sales Tax Sourcing on Towing

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Sales tax applies to the towing fees based on where the towing service began.

Example: A towing company in Maple Grove sends a tow truck to pick up a car in Minneapolis. The tow truck delivers the car to a body shop in Maple Grove. The towing service is subject to the tax rate in Minneapolis where the towing service began.

Cleaning, Rustproofing, and Undercoating Services

derek.l.anderson Fri, 05/10/2019 - 14:41
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Cleaning, Rustproofing, and Undercoating Services

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The following services provided to a motor vehicle are taxable:

  • Applying fabric protector
  • Cleaning services (interior, exterior)
  • Coin-operated car washes and vacuums
  • Rustproofing
  • Undercoating
  • Vacuuming
  • Washing
  • Waxing

Free Car Wash

derek.l.anderson Fri, 05/10/2019 - 14:44

Exempt Purchases

derek.l.anderson Fri, 05/10/2019 - 14:51
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Exempt Purchases

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Some materials used or consumed in providing taxable washing, waxing, cleaning, rustproofing, undercoating, and towing services are exempt from tax. You must use the materials directly in providing the service to qualify for the exemption.

Give your vendor a completed Form ST3, Certificate of Exemption. Specify the Resale exemption. 

Examples of materials include:

  • Chemicals to treat waste generated as a result of providing a taxable service
  • Deodorizers
  • Disposable rags
  • Electricity, natural gas, and water used in providing the service
  • Fabric protection chemicals
  • Fuels to heat water
  • Lubricants and antifreeze used in vehicles that provide a taxable service (tow trucks)
  • Plugs for rustproofing
  • Rustproofing chemicals
  • Salt or softening agents for water
  • Soap
  • Vacuum filters and bags
  • Wax

Separate Detachable Units

derek.l.anderson Fri, 05/10/2019 - 14:59
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Separate Detachable Units

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Separate detachable units used to provide taxable services are exempt from tax.

To qualify, the item must meet the following requirements:

  • It must be used to provide a taxable service.
  • It must be an accessory tool, equipment, or other item that attaches to a machine while in use.
  • Its ordinary useful life must be less than 12 months when used to provide taxable services under the normal use of the provider.

Examples of separate detachable units:

  • Abrasive and polishing belts
  • Cutting tools
  • Drill bits
  • Polishing strips and buffers
  • Saw wires or blades
  • Vacuum filters

Taxable items include:

  • Clamps
  • Crowbars
  • Hand tools (hammers, pliers, screwdrivers, wrenches)
  • Knives
  • Repair parts
  • Soldering irons
  • Vacuum cleaners

Warranties, Recalls, and Service Contracts

derek.l.anderson Fri, 05/10/2019 - 15:04
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Warranties, Recalls, and Service Contracts

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Taxable and nontaxable items and services vary when dealing with warranties, recalls, and service contracts.

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Taxable Purchases

derek.l.anderson Fri, 05/10/2019 - 15:30
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Taxable Purchases

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Items you use to operate your business are taxable unless an exemption applies. Several services are also taxable. If you do not pay sales tax on a taxable purchase, then use tax is due.

Taxable Purchases Examples
General items
Taxable services

For more information, see a complete list of taxable services.

Advertising materials

For more information, see Advertising.

  • Business cards
  • Calendars
  • Cups and mugs
  • Frisbees
  • Key chains
  • License plate holders
  • Pens

 

Dealer-Owned Vehicle

derek.l.anderson Mon, 05/13/2019 - 08:40
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Dealer-Owned Vehicle

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When you use a vehicle purchased for resale, for a purpose other than for demonstration, you owe use tax on the reasonable rental value or sales tax on the vehicle’s full value.

For more information on the reasonable rental value, see Revenue Notice 05-05: Sales and Use Tax-Definition of Reasonable Rental Value of Motor Vehicles.

Use Tax

If you buy equipment, supplies, or other taxable items for your business and the seller does not charge Minnesota sales tax, you owe use tax on the cost of the items. If your business is located in an area with a local tax, you may also owe local use tax.

Some common situations where you may owe use tax include:

  • You buy taxable items or services online without paying sales tax
  • You withdraw an item from inventory to use (instead of selling it), donate, or give away
  • You buy taxable items outside of Minnesota
  • You buy taxable items in another Minnesota city or county with a lower (or now) local sales tax

For more information, see Use Tax for Businesses and Local Sales and Use Taxes.

Filing Returns and Record-Keeping

derek.l.anderson Mon, 05/13/2019 - 08:44
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Filing Returns and Record-Keeping

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You must report all sales tax collected and use tax you owe.

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Legal References and Resources

derek.l.anderson Mon, 05/13/2019 - 09:22
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Legal References and Resources

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The legal references and resources related to the motor vehicle industry are listed.

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