S.B. No. 1199
AN ACT
relating to refunds of and credits for certain sales and use taxes.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 151.310, Tax Code, is amended by adding
Subsection (f) to read as follows:
(f) For purposes of obtaining a refund of or claiming a
credit for taxes paid under this chapter on the basis of an
exemption under this section, an organization is not considered
exempted from the taxes imposed by this chapter before the earlier
of:
(1) the date the organization applied for the
exemption with the comptroller; or
(2) the date of assessment of the organization's tax
liability by the comptroller as a result of an audit, as applicable.
SECTION 2. Subchapter I, Chapter 151, Tax Code, is amended
by adding Section 151.4261 to read as follows:
Sec. 151.4261. CREDIT OR REIMBURSEMENT IN RETURN
TRANSACTIONS. A seller is entitled to a credit or reimbursement
equal to the amount of sales tax refunded to a purchaser when the
purchaser receives a full or partial refund of the sales price of a
returned taxable item.
SECTION 3. The change in law made by this Act applies only
to a refund of or credit for taxes that are paid on or after the
effective date of this Act. A refund of or credit for taxes that are
paid before the effective date of this Act is governed by the law in
effect on the date the taxes were paid, and the former law is
continued in effect for that purpose.
SECTION 4. This Act takes effect September 1, 2009.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1199 passed the Senate on
April 9, 2009, by the following vote: Yeas 31, Nays 0; and that
the Senate concurred in House amendment on May 30, 2009, by the
following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1199 passed the House, with
amendment, on May 27, 2009, by the following vote: Yeas 148,
Nays 0, one present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor