Texas Tax Code 163.005 – No Imposition of Tax Following Out-of-State Use
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(a) No tax is imposed under Subchapter D, Chapter 151, with respect to an aircraft that is brought into this state if the aircraft is predominantly used outside of this state for a period of one year beginning on the later of:
(1) the date the aircraft was acquired, whether by purchase, lease, rental, or otherwise, by the person bringing the aircraft into this state; or
(2) the date the aircraft:
(A) was substantially complete in the condition for its intended use; and
(B) conducted its first flight for the carriage of persons or property.
(b) For purposes of this section, an aircraft is predominantly used outside of this state if more than 50 percent of the aircraft’s departures are from locations outside of this state.
Terms Used In Texas Tax Code 163.005
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Property: means real and personal property. See Texas Government Code 311.005
- Year: means 12 consecutive months. See Texas Government Code 311.005