Texas Register, Volume 9, Number 66, Pages 4703-4756, September 4, 1984 Page: 4,736
4703-4756 p. ; 28 cm.View a full description of this periodical.
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34 TAC 3.286
The Comptroller of Public Accounts proposes amend-
ments to 3 286, concerning seller's reponsibilities
The amendments limit the amount of time the seller
has to obtain resale or exemption certificates after the
sale. The seller has 60 days from the date of written
notice from the comptroller in which to obtain any cer-
tificates not on file Any certificates obtained after the
60-day limit will not be accepted Those certificates
presented before the expiration o# the 60-day period
will be subject to independent verification before the
deductions will be allowed The provisions of the 60-
day limit are effective for audits beginning on or after
October 2, 1984 The purpose of this amendment is
to conform the rule to the legislative changes made
in the Sales Tax Act, effective October 2, 1984
Billy Hamilton, revenue estimating director, has de-
termined that for the first five-year period the rule will
be in effect there will be no fiscal implications for state
or local government as a result of enforcing or admini-
stering the rule These amendments are promulgated
under the Tax Code, Title 2, and no fiscal implications
for small businesses are required
Mr. Hamilton also has determined that for each year
of the first five years the rule as proposed is in effect
the public benefit anticipated as a result of enforcing
the rule as proposed is the provision of new informa-
tion to the public regarding its tax responsibilities
under changes made by the legislature There is no
anticipated economic cost to individuals who are re-
quired to comply with the rule as proposed
Comments on the proposal may be submitted to
D Carolyn Busch, PO Box 13528, Austin, Texas
78711
The amendments are proposed under the Texas Tax
Code, 111 002, which provides that the comptroller
may prescribe, adopt, and enforce rules relating to the
administration and enforcement of the sales tax
3.286 Seller's Responsibtlies.
(a)-(b) (No change )
(c) Obtaining a permit
(1) An application will be furnished by the comp-
troller and must be filled out completely Alter the ap-
plication is filled out and returned to the comptroller,
together with whatever bond or other security is required
by underj 3 327 of this title (relating to Retailer's Bond
or Other Security), a separat, permit under the same ac-
count will be issued to the appliLant for eacLh place of bust-
ness There will be no charge for the permit
(2)-(4) (No change )
(d)-(g) (No change )
(h) Prepaying the tax, discounts
(1) (No change )
(2) A taxpayer who makes a prepayment based
upon an estimate of tax liability may retain an additional
1.25% of the amount due The prepay iment must be made
on or before the 15th day of the second month (I ebruary,
May, August, and November) of the quarter for \hich
the tax is due Monthly prepayments are duc on or beforethe 15th day of the month and are also entitled to the
additional 1 25% deduction
(A) (No change.)
(B) It a taxpayer does not file a quarterly or
monthly return together with payment on or before the
due date, the taxpayer forfeits all discounts and incurs
a mandatory 5 0% penalty After the first 30 days delin-
quency, an additional mandatory penalty of 5 0% Is as-
sessed against the taxpayer, and after the first 60 days
delinquency, interest begins to accrue at the rate of 10%
per annum. Example of taxpayer who prepays and files
a timely sales tax return John Doe estimates that he will
sell $100,000 worth of taxable items during January, Feb-
ruary, and March. Before February 15th, Mr. Doe files
an estimated tax return with the comptroller and sends
a check to the state for $4,032.19 [$3,910] ($4,125 [$4,000]
estimated tax less 2.25% discount). In April, Mr Doe
files his quarterly return showing that the actual tax lia-
bility for the quarter is $4,225 [$4,100] Mr Doe remits
$99 with his final return ($100 excess over prepayment
less his 1 0%)
(1) Resale and exemption certificates
(1)-(5) (No change )
(6) The seller should obtain the properly executed
resale or exemption certificates at the time the sale oc-
curs. If the certificates are not obtained at the time of
the sale, the seller has 60 days from the date written notice
is given b) the comptroller to the seller in which to ob-
tain them. Any certificates presented during the 60-day
period will be subject to verfication before and deductions
will be allowed. Certificates presented after the 60-day
period will not be accepted and the deduction will not
be granted. See 3.285 of this title (relating to Sales for
Resale; Resale Certificates), 3.287 of this title (relating
to Exemption Certificates), and 3.288 of this title (relat-
ing to Direct Pa)ment Procedures and Qualifications).
(J) (No change )
This agency hereby certifies that the proposal has
been reviewed by legal counsel and found to be within
the agency's authority to adopt
Issued in Austin, Texas, on August 29, 1984TRD-848918
Bob Bullock
Comptroller of Public AccountsEarliest possible date of adoption
October 5, 1984
For further information, please call (512) 475-1931
34 TAC 3.297
The Comptroller of Public Accounts proposes amend-
ments to 3 297, concerning carriers The amend-
ments incorporate the legislative definition of aircraft
This definition includes fixed-wing propeller or jet-
driven aircraft, helicopters, and flight simulators, but
does not include rockets or missiles
Billy Hamilton, revenue estimating director, has de-
termined that for the first five-year period the rule will
be in effect there will be no fiscal implications for state
or local government or as a result of enforcing or ad-September 4, 1984
Texas
Register9 TexReg 4736
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Texas. Secretary of State. Texas Register, Volume 9, Number 66, Pages 4703-4756, September 4, 1984, periodical, September 4, 1984; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth243620/m1/34/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.