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BTLG Table of Contents > Sales and Use Tax Annotations > L > 330.0000 Leases Of Tangible Personal Property—In General > Annotation 330.2313

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330.0000 Leases of Tangible Personal Property—In General—Regulation 1660

Annotation 330.2313

(a) In General

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330.2313 Lease of Vehicle—Formerly Owned by Wife of Lessee. A leasing company purchased a vehicle from one person and then leased the vehicle to that person's husband. If the wife had sold the vehicle directly to the husband, the sale would have been exempt from sales and use tax. However, the sale of the vehicle from the wife to the leasing company is not exempt from sales or use tax under section 6285. Similarly, the lease from the leasing company to the husband is not exempt from sales or use tax under section 6285. If a timely election to report use tax measured by the purchase price was not made, the rental receipts from the lease of the vehicle are subject to use tax and the leasing company must collect use tax from the lessee measured by the rentals receipts. 11/7/90.