Texas 2009 - 81st Regular

Texas House Bill HB4574

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

Caption

Relating to administration of the municipal sales and use tax; providing a criminal penalty.

Impact

The proposed changes to the Tax Code, particularly the new stipulations regarding refund claims, limit the time frame for municipalities to seek refunds from the comptroller. No claims can be filed later than one year after the revenue was originally received, potentially impacting municipal budgets and financial planning, as municipalities may have shorter windows to rectify tax reporting and collection errors. Furthermore, the lack of extensions for filing such claims may place a burden on municipalities that may require additional time to assess discrepancies in tax revenues.

Summary

House Bill 4574 concerns the administration of municipal sales and use tax in Texas. The bill introduces particular penalties for individuals who file false reports regarding unlawfully or erroneously collected municipal tax revenues. Those found guilty of this can face misdemeanor charges with fines ranging from $2,000 to $4,000, and repeated offenses may escalate to felony charges. The intent behind these provisions appears to be an effort to ensure compliance and integrity in the reporting processes associated with municipal tax collections.

Contention

Discussion surrounding HB 4574 may center on the balance between ensuring tax compliance and providing municipalities with sufficient means to address legitimate tax discrepancies. Critics of the bill may argue that the rigid timelines and associated penalties could unfairly penalize municipalities and businesses that are acting in good faith but encounter issues with tax collection or reporting. Additionally, there may be debates regarding the implications of the bill for municipalities striving to manage their tax systems accurately and the potential disparities in resources or expertise to navigate the proposed regulations.

Companion Bills

TX HB4077

Duplicate Relating to administration of the municipal sales and use tax; providing a criminal penalty.

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