Motor Vehicle Sales, Use and Rental Tax Susan Combs, Texas Comptroller of Public Accounts What is Considered a “Motor Vehicle”? A 6.25 percent sales tax is imposed on the retail sales price (less trade-in allowance) of motor vehicles sold in Texas. Form 130-U must include: “Motor vehicles” are self-propelled units that transport property or persons on public highways. The term also includes trailers, semi-trailers, travel trailers and motorcycles designed for highway use. • Motor Vehicle Sales Tax Rate Motor Vehicles Purchased Out of State A 6.25 percent sales tax is imposed on the retail sales price (less trade-in allowance) of motor vehicles sold in Texas. For privateparty sales, the sales tax may be based on a minimum value rather than the actual sales price. See the section on Standard Presumptive Value (SPV) for more information. Who Collects this Tax? For more information, visit our website www.window.state.tx.us. Receive tax help at www.cpa.state.tx.us/ taxhelp. AUGUST 2014 The county tax assessor-collector (TAC) collects the tax along with an Application for Texas Title (Form 130-U). The Texas Department of Motor Vehicles (TxDMV) and the Comptroller’s office use Form 130-U to document registration, title information and the motor vehicle tax due. • • • a description of the vehicle being purchased; the vehicle’s selling price; a description of any trade-in; and the signatures of the buyer and seller. There is a 6.25 percent use tax on the selling price (less trade-in allowance) of a motor vehicle purchased outside of Texas and later brought into the state for use on Texas highways by a Texas resident. For private-party sales, the use tax may be based on a minimum value rather than the actual sales price. See the section on SPV for more information. Use tax also applies to vehicles leased in another state and registered in Texas by a Texas resident. With proof of payment, similar tax paid on the vehicle to another state can be credited against the tax due. To allow any credit, a Motor Vehicle Sales, Use and Rental Tax county TAC must view a receipt, invoice or other document verifying the amount of tax paid to another state, Puerto Rico or any U.S. possession or territory in the owner’s name. The credit is a dollar-for-dollar credit. States may differ on the tax base used to calculate the motor vehicle tax. Standard Presumptive Value (SPV) and Private Party Sales SPV applies to private-party sales of all types of used motor vehicles purchased or brought into Texas. The used vehicle’s SPV is available on the TxDMV’s website at www.txdmv.gov/standard-presumptive-calculator. The purchaser can obtain a certified appraisal from a motor vehicle dealer licensed for that category of vehicle or from a licensed insurance adjuster. The taxable value is the greater of the sales price or 80 percent of SPV, as determined by the TxDMV on the day the purchaser presents Form 130-U to the county TAC. The SPV calculation does not apply to these transactions: • • • • • For more information, visit our website www.window.state.tx.us. Receive tax help at www.cpa.state.tx.us/ taxhelp. • • • sales by dealers; sales of unrepaired salvage vehicles; sales of abandoned vehicles; vehicles sold through storage or mechanic’s liens; sales of vehicles eligible for specialty plates described under Transportation Code Section 504.501, including custom vehicles, classic cars and trucks and street rods (whether or not the vehicles use those plates); even trades of vehicles; the gift of a motor vehicle; or sales by governmental entities at auction. A purchaser who will pay less than 80 percent of the vehicle’s SPV when purchasing 2 a used vehicle may pay less tax if a certified appraisal for the used vehicle reflects a lesser value. For example, a used vehicle may be worth less if it has substantial body damage or needs major mechanical work. The purchaser must present the appraisal to the county TAC using the Comptroller’s Texas Used Motor Vehicle Certified Appraisal Form (Form 14-128) within 30 calendar days from the purchase date or within 30 calendar days after bringing the vehicle into Texas. The purchaser can obtain a certified appraisal from a motor vehicle dealer licensed for that category of vehicle or from a licensed insurance adjuster. For example, a purchaser can request a used car dealer to appraise a used car, a motorcycle dealer to appraise a motorcycle or a trailer dealer to appraise a trailer. Dealer fees for appraisals: • • • cars and trucks – $100 to $300 motorcycles – $40 to $300 house trailers, travel trailers or motor homes – $100 to $500 Licensed insurance adjusters set their own fees for appraisals. Purchasers should be aware that an appraisal fee may offset any tax savings. For example, tax on $1,600 of value is $100. Therefore, a $100 appraisal must reduce the vehicle’s SPV by more than $1,600 to save money. A $300 appraisal fee would require Motor Vehicle Sales, Use and Rental Tax almost a $5,000 reduction in value to offset the appraisal cost. New Resident’s Tax A new Texas resident must pay a $90 new resident tax on a motor vehicle registered in his or her own name in another state or country and then brought into Texas. The new resident tax also applies to vehicles leased in another state or country and registered in Texas by the new resident. The $90 new resident tax cannot be offset by sales or use tax paid to another state. Texas Emissions Reduction Plan Surcharge (TERP) In addition to the motor vehicle sales tax, use tax or new resident tax, the TERP surcharge is imposed on the sale or use of a diesel-powered motor vehicle with a registered gross weight over 14,000 pounds. The rate for model years 1996 and earlier is 2.5 percent of the total consideration paid for the vehicle, and the rate for model years 1997 and later is 1 percent. The TERP surcharge cannot be offset by sales or use tax paid to another state. Gifts A $10 gift tax is due when a person receives a motor vehicle as a gift from an eligible donor. A “gift” is the transfer of a motor vehicle between eligible parties for no consideration. “Consideration” includes anything given as payment such as cash, the assumption of a lien or other debt, payment for providing services or labor or an exchange of real or tangible personal property. A motor vehicle received as a gift from an eligible donor located out of state is subject to the $10 gift tax when the motor vehicle is brought into Texas. To qualify for the $10 gift tax, a motor vehicle must be received from one of the following eligible parties: A “gift” is the transfer of a motor vehicle between eligible parties for no consideration. • spouse (separate property only; vehicles held as community property are not subject to the tax); •parent/stepparent; •father/mother-in-law; •grandparent/grandparent-in-law; •grandchild/grandchild-in-law; •child/stepchild; •son/daughter-in-law; •sibling/brother-in-law/sister-in-law; •guardian; • decedent’s estate (inherited/willed or through an Affidavit of Heirship for a Motor Vehicle); For more information, visit our website www.window.state.tx.us. Receive tax help at www.cpa.state.tx.us/ taxhelp. 3 Motor Vehicle Sales, Use and Rental Tax • • The tax is due 30 calendar days from the date of sale or, if acquired out of state, 30 calendar days from the date of first use in Texas. nonprofit service organization qualifying under Internal Revenue Code Section 501(c)(3), [gift tax applies when the 501(c)(3) organization is the donor or the recipient]; or certain revocable (living) trusts, typically used in estate planning, described in Texas Tax Code Section 152.025 (gift tax applies when the trust is the donor or the recipient). Either party can submit the Affidavit of Motor Vehicle Gift Transfer (Form 14-317) at the time of registration. This affidavit must be filed in person with required identification with the TAC of the county in which the Application for Texas Title (Form 130-U) is submitted. See the affidavit for further information. It must be accompanied by any required application fee, supporting documents, registration fee (if applicable) and any motor vehicle tax due. A motor vehicle transfer made without consideration to an ineligible party is defined as a sale and subject to SPV procedures. See the section on SPV for more information. Even Trades For more information, visit our website www.window.state.tx.us. Receive tax help at www.cpa.state.tx.us/ taxhelp. 4 A $5 even trade tax is due on each vehicle involved in an even trade. An “even trade” is the exchange of a motor vehicle for another motor vehicle in which no consideration, other than the exchange of the vehicle, is involved. More than one vehicle can be exchanged for one or more other vehicles if the net value to both parties remains the same. Due Date The tax is due 30 calendar days from the date of sale or, if acquired out of state, 30 calendar days from the date of first use in Texas. Active duty personnel of the U.S. military, the reserves of the U.S. military, the Texas National Guard or of another state’s National Guard have 60 calendar days from the date of sale or, if acquired out of state, from the date of first use in Texas to transfer a used motor vehicle with the county TAC. Tax Exemptions Agriculture Farm/Timber Machines and Farm/Timber Trailers Farmers, ranchers, agricultural producers and timber operators who hold a valid Texas Agriculture and Timber Exemption Registration Number (Ag/Timber Number) issued by the Comptroller’s office should provide the Texas Motor Vehicle Tax Exemption Certificate for Agricultural/ Timber (Form 14-319) to sellers or dealers of motor vehicles when claiming an agricultural or timber exemption from Texas motor vehicle sales and use tax on the purchase of farm machines, timber machines, trailers and semi-trailers used primarily in agricultural and timber operations. The Ag/ Timber Number must also be included on Item 21 of the Application for Texas Title (Form 130-U) filed with the county TAC. In addition, farmers, ranchers, agricultural producers and timber operators must provide an Ag/Timber Number issued by the Comptroller’s office to the county TAC for the initial issuance of farm plates, for Motor Vehicle Sales, Use and Rental Tax farm plate renewals and when obtaining a temporary excess weight permit. The Ag/ Timber Number presented must be issued in the name of the person or DBA in which the vehicle is, or will be, registered. The primary owner or operator of the farm, ranch or timber operation can obtain an Ag/ Timber Number that any person authorized by the registrant can use to buy qualifying items tax free. A qualified individual can apply for their own Ag/Timber Number at www.getreadytexas.org. A “farm machine” is a self-propelled motor vehicle specially adapted for, and primarily used in, the production of crops or rearing of livestock. The term includes a self-propelled motor vehicle specially adapted for distributing and applying plant-food materials, agricultural chemicals or feed for livestock. A farm machine does not include a pick-up truck or any self-propelled motor vehicle specifically designed, or specially adapted, to transport property other than the materials being applied or for the sole purpose of transporting or setting in place agricultural products, plant-food materials, agricultural chemicals or feed for livestock. A “farm trailer” is a trailer or semi-trailer designed and primarily used as a farm or ranch vehicle. A farm trailer does not include a motor vehicle designed for human habitation, including, but not limited to, any vehicle designed for sleeping, dressing, lounging, restroom use or meal preparation, even though the vehicle may also be used to transport livestock or agricultural products. The retail sale of a farm machine or a farm trailer is exempt from the motor vehicle sales and use tax if the farm machine or farm trailer is used primarily (at least 80 percent of the time): • • on a farm or ranch in the production of food for human consumption, grass, feed for any form of animal life or other livestock, or agricultural products to be sold in the regular course of business; or by original producers in processing, packing or marketing their own livestock or agricultural products. The use of a farm machine or farm trailer to transport persons or property to or from competitions, shows or rodeos, or for any other similar use, is not an exempt use. A “timber machine” is a self-propelled motor vehicle specially adapted to perform a specialized function for use primarily in timber operations, such as land preparation, A farm machine does not include a pick-up truck or any self-propelled motor vehicle specifically designed, or specially adapted, to transport property other than the materials being applied or for the sole purpose of transporting or setting in place agricultural products, plantfood materials, agricultural chemicals or feed for livestock. For more information, visit our website www.window.state.tx.us. Receive tax help at www.cpa.state.tx.us/ taxhelp. 5 Motor Vehicle Sales, Use and Rental Tax planting, maintenance or harvesting of commercial timber that will be sold in the regular course of business. A timber machine does not include any self-propelled motor vehicle specifically designed or adapted for the primary use of transporting timber or timber products, including a self-propelled motor vehicle designed to transport cargo and adapted with a cargo-loading device. A qualified church or religious society is exempt from paying motor vehicle sales tax and rental tax, if the motor vehicle is designed to carry more than six passengers and used primarily to provide transportation to and from church or religious services or meetings. For more information, visit our website www.window.state.tx.us. Receive tax help at www.cpa.state.tx.us/ taxhelp. 6 The term also does not include field service vehicles, such as those used to fuel or maintain other vehicles or crew vehicles. A “timber trailer” is a trailer designed for and used primarily in a timber operation. The retail sale of a timber machine or timber trailer is exempt from motor vehicle sales and use tax if the timber machine or timber trailer is used primarily (at least 80 percent of the time) in timber operations. Child Care Facilities Certain child care facilities licensed under Human Resources Code Chapter 42 that provide 24-hour residential care are exempt from motor vehicle sales tax. The facility must be licensed to provide care in a single residential group both to children who do not require specialized services or treatment and children who are emotionally disturbed. To qualify, the vehicle must be used primarily (at least 80 percent of the time) in transporting the children who reside in the facility. Motor vehicle purchases by day care centers, group day care centers, registered family homes or those residential childcare facilities that do not provide 24-hour care are not exempt from motor vehicle tax. The exemption does not apply to a motor vehicle purchased by maternity homes that receive a Texas Department of Family and Protective Services (DFPS) license under Health and Safety Code Chapter 249. The exemption does not apply to motor vehicles purchased by facilities that hold a verification certificate from a licensed DFPS child-placing agency and not a license directly from DFPS. These facility types include agency foster homes, agency foster group homes, Child Protective Services (CPS) foster homes, CPS foster group homes and CPS adoptive homes. A childplacing agency that only places children in its verified facilities does not qualify, since the agency is not directly providing the childcare. Church or Religious Society A qualified church or religious society is exempt from paying motor vehicle sales tax and rental tax, if the motor vehicle is designed to carry more than six passengers and used primarily to provide transportation to and from church or religious services or meetings. A qualified church or religious society is an organized group of people regularly associating for the sole purpose of holding, conducting and sponsoring religious worship according to the rites of the group. Motor Vehicle Sales, Use and Rental Tax “Used primarily” means the use of the vehicle for transportation to and from the church, religious services or religious meetings and not for other religious or charitable purposes at least 80 percent of the time. II or stricter Phase II emission standards established by that board and is: For example, a church’s purchase of a van to deliver medical services and care to needy people as part of the church’s outreach program would not be exempt if the van was used more than 20 percent of the time for these purposes and not primarily to transport persons to religious services or religious meetings. • Tax is due on a vehicle purchased for the personal use of a minister. Driver Training No motor vehicle tax is due on a vehicle owned by and titled to a dealership if loaned without charge to a public school for exclusive use in an approved standard driver-training course. The public school applies for exempt license plates at the time of vehicle registration. Hydrogen-Powered Motor Vehicles Ultra low-emission vehicles that are hydrogen-power capable with at least 45 miles per gallon or are fully hydrogenpowered are exempt from Texas motor vehicle sales or use tax. Vehicles must meet Phase II standards established by the California Air Resources Board as of Sept. 1, 2007, for an ultra-low-emission vehicle • hydrogen power capable and has a fuel economy rating of at least 45 miles per gallon; or fully hydrogen-powered. Interstate Motor Vehicles The sale of a motor vehicle (truck, trucktractor, trailer or semi-trailer) that is to be regularly operated in Texas and another state and for which registration fees qualify to be apportioned under the International Registration Plan (IRP) is exempt from Texas motor vehicle sales and use tax as an interstate motor vehicle. Trailers pulled by apportioned tractors and operated interstate on token plates also qualify for the exemption. For the purposes of motor vehicle tax, an “interstate motor vehicle” includes a truck, truck-tractor or any other motor vehicle with a gross registered weight in excess of 26,000 pounds either separately or in combination with a trailer or semi-trailer, that is regularly operated in Texas and some other state or foreign country, and for which registration fees could be apportioned if the motor vehicle were registered in a state or province of a country that is a member of the IRP. Ultra low-emission vehicles that are hydrogen-power capable with at least 45 miles per gallon or are fully hydrogen-powered are exempt from Texas motor vehicle sales or use tax. For more information, visit our website www.window.state.tx.us. Receive tax help at www.cpa.state.tx.us/ taxhelp. 7 Motor Vehicle Sales, Use and Rental Tax Interstate-operated charter buses are exempt from motor vehicle tax, regardless of the type of registration. Qualifying modifications include a wheelchair lift, hoist and hand-controlled accelerator and brake. Units rented by contract for 180 days or less are subject to motor vehicle rental tax. Running boards, grab bars, steering wheel knobs or other standard factory options, such as an automatic transmission or power steering, are not qualifying modifications. Motor Vehicles Transported Out of State A motor vehicle purchased in Texas for use exclusively outside Texas is exempt from motor vehicle sales tax. A vehicle specifically modified to enable an orthopedically disabled driver to operate the vehicle, or an orthopedically disabled passenger to be transported in the vehicle, is exempt from motor vehicle tax. To be exempt, the purchaser must not use the motor vehicle in Texas, except for transportation directly out of state, and must not title or register the motor vehicle in Texas. The purchaser should issue the seller a Texas Motor Vehicle Sales Tax Exemption Certificate – For Motor Vehicles Taken Out of State (Form 14-312) at the time of sale. Nonprofit Organizations Motor vehicle sales tax exemptions are very limited. A nonprofit or an organization funded by state or federal government is not automatically exempt from motor vehicle tax. This includes organizations that are exempt from federal tax or other Texas taxes. To qualify for exemption from motor vehicle tax, an organization must be either a public agency or exempt by a specific statute. For more information, visit our website www.window.state.tx.us. Receive tax help at www.cpa.state.tx.us/ taxhelp. 8 Orthopedically Disabled A vehicle specifically modified to enable an orthopedically disabled driver to operate the vehicle, or an orthopedically disabled passenger to be transported in the vehicle, is exempt from motor vehicle tax. To qualify for the exemption, the purchaser must be orthopedically disabled at the time of purchase and provide the selling dealer or county tax assessor-collector a Texas Motor Vehicle Orthopedically Handicapped Exemption Certificate (Form 14-318). The purchaser must have the vehicle modified before the second anniversary of the date of purchase. Public Agencies Motor vehicle sales or rental tax is not due on a vehicle purchased, leased or rented by a public agency A “public agency” includes a federal, state, county or city agency and its subdivisions as defined by Texas Tax Code Section 152.001(7). Federal law also provides motor vehicle tax exemptions for other organizations, including certain Indian tribes, the American Red Cross, Boy Scouts, Girl Scouts, Camp Fire Girls, Boys Clubs and Girls Clubs. Except for the federal government and its instrumentalities and agencies, vehicles belonging to a public agency must display exempt license plate to qualify for exemption from motor vehicle sales or rental tax. Motor Motor Vehicle Sales, Use and Rental Tax vehicle tax is due on motor vehicles operated with standard license plates. Nonprofit service organizations do not qualify as public agencies. Volunteer Fire Departments and Volunteer Emergency Medical Services Fire trucks, ambulances and other motor vehicles used exclusively for fire-fighting purposes or for emergency medical services are exempt from motor vehicle tax when rented to or purchased by: • volunteer fire departments; •nonprofit emergency medical service providers that are exempt as 501(c)(3) organizations; or • emergency medical service providers to which Transportation Code Section 502.456 applies. The exemption also applies to an emergency medical services chief ’s or supervisor’s vehicle, if used exclusively as an emergency services vehicle. A “volunteer fire department” includes any company, department or association organized to answer fire alarms, extinguish fires and provide emergency medical services. Members of a volunteer fire department receive no or nominal compensation for their services. An “emergency medical service” provides emergency medical treatment, rescue service and transportation of the sick and injured. The emergency medical service can be a nonprofit organization, or it can be created and operated by a county or municipality, or a combination of counties and municipalities. A for-profit private ambulance or medical transport service does not qualify as an emergency medical service for the purpose of the motor vehicle tax exemption. Motor Vehicle Rentals and Leased Vehicles Motor Vehicle Rentals A motor vehicle rental occurs when the owner offers exclusive use of the vehicle to another for consideration. For rental contracts of 30 days or less, the tax rate is 10 percent of the gross rental receipts. Rentals are for 180 days or less under a single contract, unless it is a re-rental (a rental to another rental company that will rent to a retail customer), or the owner is a manufacturer, in which case the rental can be for any period of time. Rental Tax Rate For rental contracts of 30 days or less, the tax rate is 10 percent of the gross rental receipts. Additionally, some cities and counties have created sports and community venue authorities/districts that can impose up to an additional 5 percent tax on short-term rentals. For more information, visit our website www.window.state.tx.us. Receive tax help at www.cpa.state.tx.us/ taxhelp. 9 Motor Vehicle Sales, Use and Rental Tax For contracts of 31 to 180 days, the tax rate is 6.25 percent of the gross rental receipts. • • Rentals over 180 days are considered a lease and no tax is due. See the section in this publication on “Leased Vehicles.” • A motor vehicle rental permit holder who is a manufacturer, a licensed Texas automobile dealer or the title owner of at least five motor vehicles that will be rented within a 12-month period can register a rental vehicle tax free. A “lease” is an agreement by an owner (lessor) to give exclusive use of a motor vehicle to a lessee for consideration for a specified period of more than 180 days. The rental permit holder establishes a minimum tax liability equal to the sales tax due if the vehicle had not been registered tax free. These permit holders must collect and remit an amount at least equal to the minimum tax liability. If the minimum tax liability is not met, the title owner owes the balance between the tax collected and the minimum tax liability. All other rental permit holders must pay the 6.25 percent motor vehicle sales tax at the time of registration. From the rental tax collected, those permit holders can reimburse themselves the amount of sales tax they paid to the county at the time of registration. For more information, visit our website www.window.state.tx.us. Receive tax help at www.cpa.state.tx.us/ taxhelp. 10 All rental permit holders must pay the TERP fee discussed earlier in this publication at the time of initial registration. Exempt Rentals There is no gross rental receipts tax imposed if the vehicle is rented: • • to a public agency; for re-rental (a rental to another rental company); to a church or religious society, if the vehicle is designed to carry more than six passengers and at least 80 percent of its use is transportation to and from church services or religious meetings; as a self-propelled motor vehicle converted into a farm or timber machine, or a trailer or semi-trailer rented for use on a farm, ranch or in timber operations; or to certain child care facilities licensed under Human Resources Code Chapter 42 that are licensed to provide 24-hour residential care in a single residential group both to children who do not require specialized services or treatment and children who are emotionally disturbed, if the vehicle is used primarily in transporting the children who reside in the facility. To claim the exemption, the renter must issue a Motor Vehicle Rental Tax Exemption Certificate, (Form 14-305/Back) at the time of rental. For more information on motor vehicle rental tax, see the Motor Vehicle Rental Tax Guidebook (Pub. 96-143). Leased Vehicles A “lease” is an agreement by an owner (lessor) to give exclusive use of a motor vehicle to a lessee for consideration for a specified period of more than 180 days. Under the terms of an operating lease agreement, a lessor remains the title owner of a motor vehicle and a lessee has no ownership rights. Motor Vehicle Sales, Use and Rental Tax Texas does not tax lease payments. The lessor pays 6.25 percent motor vehicle sales tax when the vehicle is purchased and titled in Texas. The taxable value of private-party purchases of leased (used) motor vehicles may be based on 80 percent of the SPV. A new resident who leases a motor vehicle out of state and brings it into Texas for use on public highways owes a $90 new resident use tax, not the 6.25 percent use tax. The $90 new resident tax cannot be offset by sales or use tax paid to another state. If the lessee exercises an option to purchase the motor vehicle, a new taxable sale (second transaction) occurs. The tax is based on the amount (option) paid at the conclusion of the lease. SPV may apply if the lessor is not a dealer. The lessee receives no credit for tax reimbursed to the lessor on the lessor’s initial purchase of the vehicle. State and Local Sales and Use Tax When a motor vehicle is leased in another state by a Texas resident or by a person domiciled or doing business in Texas, and the person brings the vehicle into Texas, the lessee (as the operator) owes motor vehicle use tax. Use tax is also due when a Texas resident assumes a lease on an out-of-state vehicle and brings it into Texas. The use tax is based on the price the lessor paid for the motor vehicle. SPV may apply if the lessor is not a dealer. Credit is given for any tax the lessor or the lessee paid to another state, Puerto Rico or any U.S. possession or territory. Either the lessor or the lessee must document tax payment. Motor Vehicle Accessories Accessories purchased to be added to a motor vehicle after the purchase of the motor vehicle are subject to the 6.25 percent state sales and use tax, plus applicable local taxes. Accessories include items such as refrigeration units, side-view mirrors and winches. If the lessee exercises an option to purchase the motor vehicle, a new taxable sale (second transaction) occurs. Charges for installation labor by the seller of the accessories are also subject to sales tax. Movable Specialized Equipment Equipment designed and built to perform a specialized function that does not include transporting property or moving persons other than the driver is subject to the 6.25 percent state sales and use tax, plus applicable local taxes. Motorized cranes, bulldozers and air compressors are examples of movable specialized equipment. For more information, visit our website www.window.state.tx.us. Receive tax help at www.cpa.state.tx.us/ taxhelp. 11 Motor Vehicle Sales, Use and Rental Tax Need More Assistance? If you have any questions, please contact us by email at www.cpa.state.tx.us/taxhelp/, or call 1-800-252-1382. Disclaimer This publication is intended as a general guide and not as a comprehensive resource on the subjects covered. It is not a substitute for legal advice. We’re Here To Help! Call Toll Free! 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