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State rules

Does insurance pay sales tax on a totaled car? Rules by state (2026)

Of the 51 jurisdictions Fairmark tracks (50 states and DC), 27 require a cash settlement for a total loss on your own policy to include sales tax (in Alaska and Oregon, which have no statewide sales tax, the rule covers fees and any local or vehicle tax), 4 (Florida, Hawaii, Illinois and Ohio) pay it once you buy a replacement, 2 (Missouri and Texas) do not require it, and 18 have no clear state rule. In 21 of the 27 jurisdictions that require sales tax, the settlement must also include transfer fees such as title and registration; Hawaii and Illinois reimburse title fees on proof of purchase.

Last reviewed from statutes, regulations and Department of Insurance publications.

Key findings

  • Of the 51 jurisdictions Fairmark tracks (50 states and DC), 27 require a cash settlement for a total loss on your own policy to include sales tax (in Alaska and Oregon, which have no statewide sales tax, the rule covers fees and any local or vehicle tax), 4 (Florida, Hawaii, Illinois and Ohio) pay it once you buy a replacement, 2 (Missouri and Texas) do not require it, and 18 have no clear state rule.
  • In 21 of the 27 jurisdictions that require sales tax, the settlement must also include transfer fees such as title and registration; Hawaii and Illinois reimburse title fees on proof of purchase.
  • In Hawaii, Illinois and Ohio the insurer pays the tax back if you buy a replacement within 30 days and send proof within 33 days; it may also pay it up front. In Florida the insurer may wait until you buy a replacement and the tax is actually owed.
  • Missouri does not require the tax but gives a credit instead: on a replacement bought within 180 days of the payment, you pay tax only on the price above the payout and deductible.
  • On a claim against the at-fault driver's insurer, the same rule applies in Alaska, Arkansas, Hawaii, Maryland, Oregon, Utah and Vermont; it may also apply in Indiana, Kansas, Massachusetts, New York, Tennessee and Wyoming, but we could not confirm it.

Sales tax and fees on a total loss, by state

The first two columns are for a cash settlement on your own policy. The state rate is the state-level tax on buying a car; local taxes can add to it.

State Sales taxTitle and registration feesAt-fault driver's insurerState rate on a carSource
AlabamaInsurer must include itIncludedNot stated2%Ala. Admin. Code r. 482-1-125-.08(1)(a)-(b)
AlaskaLocal taxes includedIncludedIncluded0%3 AAC 26.080(a)(1)(A)-(B)
ArizonaInsurer must include itIncludedNot stated5.6%Ariz. Admin. Code R20-6-801(H)(1)(a)-(b)
ArkansasInsurer must include itIncludedIncluded6.5%Ark. Code Ann. § 23-89-211(a)-(d)
CaliforniaInsurer must include itIncludedNot stated7.25%Cal. Code Regs. tit. 10, § 2695.8(b)(1)
ColoradoInsurer must include itIncludedNot stated2.9%C.R.S. § 10-4-639(1)
ConnecticutNo clear state ruleNot stated in the ruleNot stated6.35%Source
DelawareNo clear state ruleNot stated in the ruleNot stated5.25%Source
District of ColumbiaNo clear state ruleNot stated in the ruleNot statedVariesSource
FloridaOwed when you buy a replacementNot stated in the ruleNot stated6%Fla. Stat. s. 626.9743(5)(a)-(b) and (9)
GeorgiaInsurer must include itIncludedNot stated7%Ga. Comp. R. & Regs. r. 120-2-52-.06(a)
HawaiiOwed when you buy a replacementOn proof of purchaseOn proof of purchase4%HRS s. 431:10C-312
IdahoNo clear state ruleNot stated in the ruleNot stated6%Source
IllinoisOwed when you buy a replacementOn proof of purchaseNot stated6.25%50 Ill. Adm. Code 919.80(c)(3)(A)
IndianaInsurer must include itNot stated in the ruleUnconfirmed7%Indiana Department of Insurance Bulletin 82 (Feb. 25, 1994)
IowaInsurer must include itIncludedNot stated5%Iowa Admin. Code r. 191-15.43(1)(a)(1)-(2)
KansasInsurer must include itIncludedUnconfirmed6.5%K.A.R. 40-1-34(k)-(m)
KentuckyInsurer must include itIncludedNot stated6%806 KAR 12:095 Section 7(1)(a)-(b)
LouisianaNo clear state ruleNot stated in the ruleNot stated5%La. R.S. 22:1892(B)(5), (F)(2)
MaineInsurer must include itNot stated in the ruleNot stated5.5%24-A M.R.S. § 2907
MarylandInsurer must include itIncludedIncluded6.5%COMAR 31.15.12.01, 31.15.12.04A(2), B(2)
MassachusettsNo clear state ruleNot stated in the ruleUnconfirmed6.25%211 CMR 133.05
MichiganNo clear state ruleNot stated in the ruleNot stated6%Source
MinnesotaInsurer must include itIncludedNot stated6.875%Minn. Stat. § 72A.201, subd. 6(1)(a)-(b)
MississippiNo clear state ruleNot stated in the ruleNot stated5%Source
MissouriNot required by state ruleNot stated in the ruleNot stated4.225%RSMo § 144.027
MontanaNo general sales taxNot stated in the ruleNot stated0%Source
NebraskaNo clear state ruleNot stated in the ruleNot stated5.5%210 NAC 60
NevadaInsurer must include itIncludedNot stated6.85%NAC 686A.680(1)(a)-(b)
New HampshireNo general sales taxNot stated in the ruleNot stated0%N.H. Admin. R. Ins 1002.15(e)
New JerseyInsurer must include itNot stated in the ruleNot stated6.625%N.J.A.C. 11:3-10.2
New MexicoNo clear state ruleNot stated in the ruleNot stated4%Source
New YorkInsurer must include itNot stated in the ruleUnconfirmed4%11 NYCRR 216.6(b)
North CarolinaInsurer must include itIncludedNot stated3%11 NCAC 04 .0418(f)
North DakotaNo clear state ruleNot stated in the ruleNot stated5%Source
OhioOwed when you buy a replacementNot stated in the ruleNot stated5.75%Ohio Adm.Code 3901-1-54(H)(6)(c), (H)(7)(f)-(g)
OklahomaInsurer must include itIncludedNot stated4.5%36 O.S. § 1250.8(A)(1)-(2)
OregonNo sales tax; fees includedIncludedIncluded0%OAR 836-080-0240(2)-(3), (14)
PennsylvaniaInsurer must include itNot stated in the ruleNot stated6%31 Pa. Code § 62.3(e)(4)
Rhode IslandInsurer must include itIncludedNot stated7%230-RICR-20-40-2.8(A)(5)(a), (B)(1)(a)-(b), (E)(3)
South CarolinaNo clear state ruleNot stated in the ruleNot stated5%Source
South DakotaNo clear state ruleNot stated in the ruleNot stated4%Source
TennesseeInsurer must include itIncludedUnconfirmed7%Tenn. Comp. R. & Regs. 0780-01-05-.09(1)(a)-(b)
TexasNot required by state ruleNot stated in the ruleNot stated6.25%Taylor v. Root Ins. Co., No. 23-50667 (5th Cir. July 24, 2024)
UtahInsurer must include itIncludedIncluded4.85%Utah Admin. Code R590-190-11(1)(a)-(b), (2)(a), (10)(e)
VermontInsurer must include itIncludedIncluded6%Vt. Ins. Reg. I-79-2 (Fair Claims Practices), § 8(B)(1)-(2), Code Vt. R. 21-020-008
VirginiaNo clear state ruleNot stated in the ruleNot stated4.15%14VAC5-400-80
WashingtonInsurer must include itIncludedNot stated7%WAC 284-30-391(4)(e)
West VirginiaInsurer must include itNot stated in the ruleNot stated6%W. Va. Code R. § 114-14-7.4(a)(4)
WisconsinNo clear state ruleNot stated in the ruleNot stated5%Wis. Admin. Code Ins 6.11
WyomingNo clear state ruleNot stated in the ruleUnconfirmed4%044-33 Wyo. Code R. § 33-4

What these rules cover

These rules set what a cash settlement for a totaled car must include when you claim on your own policy. A claim against the at-fault driver's insurer is a claim for damages. The settlement rule covers it only where the table says so; elsewhere, whether tax is owed depends on the state's damages law.

"Not required" means we found no state rule that requires it; your policy can still promise it. "No clear state rule" means the rules do not say either way. In both cases, read the settlement section of your policy and ask the adjuster to show how the tax line was set.

Fees marked "Not stated in the rule" may still be owed under your policy. The state pages give the full text of each rule and the points we could not confirm.

How to cite

Fairmark, Total loss sales tax by state, fairmarkvalue.com/total-loss-sales-tax-by-state, last reviewed November 4, 2026.

Free to reuse under CC BY 4.0 with a link to this page. Download the full dataset: CSV · JSON.

General information, not legal advice. Rules change; confirm with your state Department of Insurance.