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Archive March 2019

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Be Careful Classifying Employees and Independent Contractors

TIADA recently learned that the Texas Workforce Commission (TWC) has been auditing dealers regarding the employment status of persons who deliver vehicles to and from the auction. One dealer that utilized independent contractors (and even had paperwork on file indicating the independent status of each driver) was later informed by the TWC that the delivery drivers he used were deemed to be his employees and the dealer would be responsible for unemployment taxes and penalties in connection with the amounts paid to the drivers.

Comptroller Reminds Dealers of Tax Record Keeping Procedures for Transactions Exempt from Sales Tax

Every dealer knows that sales of vehicles to other dealers are exempt from sales tax.  However, the Texas Comptroller of Public Accounts continues to put dealers on notice that auditors will not automatically recognize a wholesale transaction as tax-free. The seller must obtain a resale statement from the buyer in order to avoid being assessed tax.

TxDMV Reminder about Hail Damaged Vehicle Titles

The Texas Department of Motor Vehicles observed an increase in insurance companies submitting applications for a Texas Salvage Vehicle Title for undamaged recovered stolen vehicles and vehicles damaged exclusively by hail. Texas law excludes undamaged recovered stolen vehicles and vehicles damaged exclusively by hail from the definition of a salvage vehicle; therefore, voluntary applications for these types of vehicles is not permitted.  

TIADA Fights for Named Driver Insurance Reform

On Tuesday, TIADA was on hand at the Texas Legislature’s Insurance Committee meeting to provide support for HB 259 sponsored by Rep. Ed Thompson (R - Pearland). This legislation would amend and repeal sections of Texas Insurance Code 1952 relating to named driver policies.