AI-assisted research summary: This section imposes privilege or license taxes on leasing and rental businesses, sets special rates for certain vehicles and linens/garments, and requires peer-to-peer car sharing programs to collect, verify, keep records, and later remit certain taxes.
(a)(1) In addition to all other taxes now imposed by law, there is hereby levied and shall be collected a privilege or license tax on each person engaging or continuing within this state in the business of leasing or renting tangible personal property at the rate of four percent of the gross proceeds derived by the lessor from the lease or rental of tangible personal property. (2)a. Except as provided in paragraph b., the privilege or license tax on each person engaging or continuing within this state in the business of leasing or renting any automotive vehicle or truck trailer, semitrailer, or house trailer shall be at the rate of one and one-half percent of the gross proceeds derived by the lessor from the lease or rental of such automotive vehicle or truck trailer, semitrailer, or house trailer. b.1. For purposes of paragraph a. only, the business of leasing or renting an automotive vehicle includes peer-to-peer car sharing as defined in Section 32-15A-2. The gross proceeds collected by a peer-to-peer car sharing program as the leasing facilitator under Chapter 15A of Title 32 shall be subject to the tax set forth in paragraph a. only for those transactions where the shared vehicle was not subject to the applicable sales and use taxes upon purchase in the jurisdiction in which the shared vehicle owner purchased the vehicle or if sales and use taxes were not paid at the time of initial titling and registration in this state. 2. The peer-to-peer car sharing program shall require a shared vehicle owner to certify if the shared vehicle owner paid the applicable sales and use taxes upon purchase or at the time of initial titling and registration in this state. The peer-to-peer car sharing program shall retain records of a shared vehicle owner’s certification under this paragraph. c. Notwithstanding paragraph b., beginning October 1, 2026, any local rental tax levied pursuant to Section 45-37-244.01 shall be collected and remitted by any peer-to-peer car sharing program. (3) The tax levied in this article shall not apply to any leasing or rental, as lessor, by the state or any municipality or county in the state, or any public corporation organized under the laws of the state, including, without limiting the generality of the foregoing, any corporation organized under Division 1 of Article 4 of Chapter 54 of Title 11. (4) The privilege or license tax on each person engaging or continuing within this state in the business of the leasing and rental of linens and garments shall be at the rate of two percent of the gross proceeds derived by the lessor from the lease or rental of the linens and garments. (b) Notwithstanding subsection (a), nothing shall prohibit a lessor subject to a state or local privilege or license tax from passing the amounts on to a lessee by adding the taxes to the leasing price or otherwise; provided, however, that all amounts passed on to the lessee shall be includable in the gross proceeds derived from the lease of tangible personal property which shall be subject to the privilege or license tax owed by the lessor. (c) The state and applicable local privilege or license taxes applicable to a lease or rental transaction to which a lessor is subject shall be determined as follows: (1) Except for automotive vehicles as provided in subdivision (2) and commercial aircraft as provided in subdivision (3), the following shall apply: a. When tangible personal property is delivered to the lessee by the lessor or his or her agent, the privilege or license tax levy shall be determined based on where the property is delivered. b. When tangible personal property is picked up at the lessor’s rental location by the lessee or his or her agent, the privilege or license tax levy shall be determined based on the rental location. (2) For automotive vehicles required to be registered pursuant to Section 32-6-61, each lease payment is considered a separate lease transaction and occurs in the location as provided below and the following rules shall apply: a. The privilege or license tax levy on any nonrecurring gross proceeds due at the inception of the lease to a new motor vehicle dealer or a used motor vehicle dealer licensed pursuant to Section 40-12-391, including any capitalized cost reduction or other fee that is retained by the dealer in connection with its initiation of the lease, shall be determined based on the location of the dealer where the lease was initiated. b. The privilege or license tax levy on gross proceeds other than those described in paragraph a., including the initial lease or rental payment and all subsequent lease or rental payments, shall be determined based on the garage address of the lessee as provided to the county licensing official. The lessor is considered to be engaging or continuing within this state in the business of leasing or renting tangible personal property when its lessee has a garage address within this state. (3) For commercial aircraft, which are aircraft used by certificated or licensed air carriers, the privilege or license tax levy on gross proceeds, including the initial lease or rental payment and all subsequent lease or rental payments, shall be determined based on the location of the aircraft when the aircraft is first entered into revenue service.