Texas 2009 - 81st Regular

Texas Senate Bill SB694 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R3297 KLA-D
2	2	By: Ellis S.B. No. 694
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to certain reimbursements and discounts provided for
8	8	collecting sales and use taxes.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 151.423, Tax Code, is amended to read as
11	11	follows:
12	12	Sec. 151.423. REIMBURSEMENT TO TAXPAYER FOR TAX
13	13	COLLECTIONS. Subject to Section 151.4241, a [A] taxpayer may
14	14	deduct and withhold one-half of one percent of the amount of taxes
15	15	due from the taxpayer on a timely return as reimbursement for the
16	16	cost of collecting the taxes imposed by this chapter. [The
17	17	comptroller shall provide a card with each form distributed for the
18	18	collection of taxes under this chapter. The card may be inserted by
19	19	the taxpayer with the tax payment to provide for contribution of all
20	20	or part of the reimbursement provided by this section for use as
21	21	grants under Subchapter M, Chapter 56, Education Code. If the
22	22	taxpayer chooses to contribute the reimbursement for the grants,
23	23	the taxpayer shall include the amount of the reimbursement
24	24	contribution with the tax payment. The comptroller shall transfer
25	25	money contributed under this section for grants under Subchapter M,
26	26	Chapter 56, Education Code, to the appropriate fund.]
27	27	SECTION 2. Sections 151.424(a) and (c), Tax Code, are
28	28	amended to read as follows:
29	29	(a) Subject to Section 151.4241, a [A] taxpayer who prepays
30	30	the taxpayer's tax liability on the basis of a reasonable estimate
31	31	of the tax liability for a quarter in which a prepayment is made or
32	32	for a month in which a prepayment is made may deduct and withhold
33	33	1.25 percent of the amount of the prepayment in addition to the
34	34	amount permitted to be deducted and withheld under Section 151.423
35	35	[of this code]. A reasonable estimate of the tax liability must be
36	36	at least 90 percent of the tax ultimately due or the amount of tax
37	37	paid in the same quarter, or month, if a monthly prepayer, in the
38	38	last preceding year. Failure to prepay a reasonable estimate of the
39	39	tax will result in the loss of the entire prepayment discount.
40	40	(c) A taxpayer who prepays the tax liability as permitted by
41	41	this section must file a report when due as provided by this
42	42	chapter. The amount of a prepayment made by a taxpayer under this
43	43	section shall be credited against the amount of actual tax
44	44	liability of the taxpayer as shown on the tax report of the
45	45	taxpayer. If there is a tax liability owed by the taxpayer in
46	46	excess of the prepayment credit, the taxpayer shall send to the
47	47	comptroller the remaining tax liability at the time of filing the
48	48	quarterly or monthly report. Subject to Section 151.4241, the
49	49	[The] taxpayer is entitled to the deduction permitted under Section
50	50	151.423 [of this code] on the amount of the remaining tax liability.
51	51	SECTION 3. Subchapter I, Chapter 151, Tax Code, is amended
52	52	by adding Section 151.4241 to read as follows:
53	53	Sec. 151.4241. LIMITATION ON AMOUNTS OF REIMBURSEMENTS AND
54	54	DISCOUNTS. (a) The sum of the amounts deducted and withheld by a
55	55	taxpayer under Sections 151.423 and 151.424 may not exceed $10,000
56	56	each state fiscal year.
57	57	(b) The comptroller shall adopt rules for determining to
58	58	which state fiscal year amounts deducted and withheld by a taxpayer
59	59	under Section 151.424 will be allocated for purposes of this
60	60	section.
61	61	SECTION 4. Section 151.801, Tax Code, is amended by
62	62	amending Subsection (a) and adding Subsection (a-1) to read as
63	63	follows:
64	64	(a) Except for the amounts allocated under Subsections
65	65	(a-1), (b), and (c), all proceeds from the collection of the taxes
66	66	imposed by this chapter shall be deposited to the credit of the
67	67	general revenue fund.
68	68	(a-1) The comptroller shall calculate the difference
69	69	between the amount of the proceeds from the collection of the taxes
70	70	imposed by this chapter that, in the absence of the limitation on
71	71	reimbursements and discounts specified by Section 151.4241,
72	72	taxpayers would deduct and withhold under Sections 151.423 and
73	73	151.424, and the amount that taxpayers actually deduct and withhold
74	74	under those sections after applying the limitation specified by
75	75	Section 151.4241. The comptroller shall deposit an amount equal to
76	76	that difference in the following order:
77	77	(1) an amount each state fiscal year equal to the
78	78	greatest amount contributed by taxpayers in a single state fiscal
79	79	year under Section 151.423, Tax Code, as that section existed on
80	80	January 1, 2009, in the period beginning September 1, 1999, and
81	81	ending August 31, 2009, for use as grants under Subchapter M,
82	82	Chapter 56, Education Code, shall be deposited to an account in the
83	83	general revenue fund and may be appropriated only to provide grants
84	84	under that subchapter; and
85	85	(2) the remainder as follows:
86	86	(A) one-half shall be deposited to the credit of
87	87	the children's health insurance program account in the general
88	88	revenue fund and may be appropriated only to the Health and Human
89	89	Services Commission for the child health plan program authorized by
90	90	Chapter 62, Health and Safety Code; and
91	91	(B) one-half shall be deposited to the credit of
92	92	the medical assistance account in the general revenue fund and may
93	93	be appropriated only to the Health and Human Services Commission
94	94	for the medical assistance program authorized by Chapter 32, Human
95	95	Resources Code.
96	96	SECTION 5. Section 151.423, Tax Code, as amended by this
97	97	Act, applies to a tax report due on or after the effective date of
98	98	this Act. A tax report due before the effective date of this Act is
99	99	governed by the law in effect on the date the tax report was due, and
100	100	the former law is continued in effect for that purpose.
101	101	SECTION 6. Section 151.424, Tax Code, as amended by this
102	102	Act, applies to a prepayment of tax liability made on or after the
103	103	effective date of this Act. A prepayment of tax liability made
104	104	before the effective date of this Act is governed by the law in
105	105	effect on the date the prepayment was made, and the former law is
106	106	continued in effect for that purpose.
107	107	SECTION 7. The change in law made by this Act does not
108	108	affect tax liability accruing before the effective date of this
109	109	Act. That liability continues in effect as if this Act had not been
110	110	enacted, and the former law is continued in effect for the
111	111	collection of taxes due and for civil and criminal enforcement of
112	112	the liability for those taxes.
113	113	SECTION 8. This Act takes effect September 1, 2009.