ST 2007-04 – Sales and Use Tax: Sales of Motor Vehicles to Nonresidents of Ohio –Issued
August 2007; Revised March 2009; Revised October 2011; Revised December 2013;
Revised January 2014; Revised February 2016; Revised June 2017; Revised October 2018.
(Archived)
This archived Information Release has been superseded by a later release. It is archived here for historical/reference purposes ONLY.
For the most current Information Releases, please refer to the main "Information Releases - Current Releases" index.
The purpose of this information release is to explain the application of Ohio sales and use tax to sales of motor vehicles by
Ohio motor vehicle dealers to nonresidents of Ohio (“Nonresidents”). This revision addresses Michigan’s trade-in
allowance for motor vehicles.
This change to Michigan’s law increases the phase-in of the trade-in allowance from $500
annually to $1000 annually until there is no limitation on the trade-in value beginning January 1, 2029. Therefore, effective
for sales beginning on or after January 1, 2019, an Ohio motor vehicle dealer selling to a Michigan resident should calculate
the tax due based on the specifically stated or modified trade-in allowance that is authorized to be collected in Michigan.
Additionally, beginning on January 18, 2018, unlike the modified trade in allowances on other motor vehicles discussed
above, Michigan allows an owner trading in a recreational vehicle, as defined under Michigan law, to utilize the full trade-
in allowance on the purchase of a new recreational vehicle from a vehicle dealer. In Michigan and Ohio, recreational
vehicles include items such as motor homes and travel trailers.
R.C. 5739.029 allows the imposition of Ohio sales tax on the purchase of motor vehicles by Nonresidents in certain cases.
That provision applies only to sales of motor vehicles to Nonresidents made on and after August 1, 2007. Leases to
Nonresidents continue to not be subject to sales tax.
To What Transactions Does R.C. 5739.029 Apply?
R.C. 5739.029 applies to all sales of motor vehicles by an Ohio motor vehicle dealer to a Nonresident who removes the
vehicle from Ohio to be titled, registered or used outside Ohio, whether in another state or in a foreign nation. This provision
does not affect the application of sales tax to motor vehicle purchases by Ohio residents. An Ohio resident must pay the
sales tax on a motor vehicle that will be titled in and used in Ohio. In addition, residents of most other states
1
will continue
to be exempt from Ohio sales tax on the purchase of motor vehicles in Ohio.
Currently, motor vehicle dealers are only required to collect sales tax on sales of motor vehicles to Nonresidents who will
remove the vehicle to one of these seven states--Arizona, California, Florida, Indiana
2
, Massachusetts, Michigan and South
Carolina.
How Is the Sales Tax Calculated?
The amount of sales tax to collect on sales of motor vehicles to Nonresidents who will remove the vehicle purchased to any
of the above seven states to be titled, registered or used is the lesser of the:
• Sales tax due to Ohio; or
• Amount of sales tax the Nonresident would pay in the state of titling, registration or use.
A trade-in allowance reduces the price of a new or used vehicle to Nonresident purchasers if allowed by the state to which
the vehicle will be removed. Rebates or other cash back offers paid by someone other than a dealer do not reduce the tax
base, except in South Carolina.
Here’s how to determine the tax due from Nonresidents who will remove the motor vehicle to one of the seven listed states:
1
R.C. 5739.029(G)(2) defines the term “state” for purposes of this statute to include states, districts, commonwealths, or territories of the United
States, such as the District of Columbia, U. S. Virgin Islands, Puerto Rico, and any province of Canada.
2
Note: Indiana provides an exemption for purchases of recreational vehicles and trailers with a load capacity of at least 2200 pounds by nonresidents
who remove the vehicle for titling outside Indiana. Therefore, sales of these types of vehicles by Ohio dealers to Nonresidents who will remove the
recreational vehicle or trailer to Indiana for titling, registration or use are not subject to Ohio sales tax.