§ 9746. Snowmobile, all-terrain vehicle, motorboat, and vessel sales (a) If a person sells a snowmobile, all-terrain vehicle, motorboat, or vessel and within three months purchases another such vehicle or vessel, “sales price” for purposes of the tax on the new vehicle or vessel shall exclude the lesser of: (1) the sale price of the first vehicle or vessel; or (2) the average book value at the time of sale of the first vehicle or vessel. (b) If a person receives payment under a contract of insurance for: (1) total destruction of a snowmobile, all-terrain vehicle, motorboat, or vessel; or (2) damage to such vehicle or vessel that was then accepted without repair as a trade-in by the seller of a new snowmobile, all-terrain vehicle, motorboat, or vessel; and within three months following such destruction or damage the person purchases another snowmobile, motorboat, or vessel, “sales price” for purposes of the tax on the new vehicle or vessel shall exclude the insurance payment and any trade-in allowance for the damaged vehicle. (c) A vendor determining sales price under this section shall obtain in good faith from the purchaser, on a form provided by the Department of Taxes and signed by the purchaser and bearing the purchaser’s name and address, a certificate of sale or payment of insurance proceeds with regard to the first vehicle or vessel.
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