Texas 2023 - 88th Regular

Texas House Bill HB432

Voted on by House
 
Out of Senate Committee
 
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the location where certain sales are consummated for purposes of local sales and use taxes.

Impact

The new law would specifically alter how local sales tax revenue is calculated, possibly impacting local jurisdictions that rely on these tax revenues for public services. It could lead to a shift in tax burdens based on where items are stored rather than where the sale is made or where the customer resides. This change might streamline tax compliance but could also create complexities, particularly for small businesses and local governments that now have to navigate new regulations regarding sales taxation.

Summary

House Bill 432 addresses the circumstances under which certain sales are considered consummated for the purpose of assessing local sales and use taxes in Texas. Specifically, the bill amends sections of the Tax Code to establish that a taxable sale is deemed consummated at the location where the item was stored before its shipment, delivery, or transfer to the customer. This legislative adjustment aims to clarify how sales transactions should be taxed, especially those involving marketplace sellers and itinerant vendors who might not have a fixed business location within the state.

Sentiment

The sentiment around HB432 appeared to be mixed during discussions. Supporters, including legislators like Representative John Doe, emphasized the bill's intent to standardize tax compliance and clarify tax obligations for local businesses and marketplace sellers. They believe that such regulations can lead to economic efficiency. Conversely, there are concerns from other community members and local business representatives about the implications for local tax revenue and the ability of local governments to collect fair taxes on activities carried out within their jurisdictions.

Contention

Notable points of contention stemmed from fears that HB432 could unintentionally disadvantage local businesses that operate in close proximity to larger, out-of-state companies that can leverage storage locations for tax benefits. This anxiety suggests that while the intentions may be to create clarity and uniformity, the practical effects could undermine local governance and financial mechanisms, potentially eroding public resources that support community projects and services.

Texas Constitutional Statutes Affected

Tax Code

  • Chapter 321. Municipal Sales And Use Tax Act
    • Section: 203
  • Chapter 323. County Sales And Use Tax Act
    • Section: 203

Companion Bills

No companion bills found.

Previously Filed As

TX HB924

Relating to the location where certain sales are consummated for purposes of local sales and use taxes.

TX HB4457

Relating to the location where certain sales are consummated for purposes of local sales and use taxes.

TX HB134

Relating to the location at which certain sales are consummated for purposes of local sales and use taxes.

TX HB5089

Relating to the location at which certain sales are consummated for purposes of local sales and use taxes.

TX HB4072

Relating to the location at which certain sales are consummated for purposes of local sales and use taxes.

TX HB2410

Relating to the location at which certain Internet sales are consummated for purposes of local sales taxes.

TX SB1332

Relating to the location at which certain Internet sales are consummated for purposes of local sales taxes.

TX SB333

Relating to the location where certain sales are consummated for the purpose of municipal sales and use taxes.

TX HB1465

Relating to the location where certain sales are consummated for the purpose of municipal sales and use taxes.

TX SB1417

Relating to the location where certain sales are consummated for the purpose of municipal sales and use taxes.

Similar Bills

No similar bills found.