Texas 2011 - 82nd Regular

Texas House Bill HB3767

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

Caption

Relating to the exemption from the sales and use tax for tangible personal property or a taxable service that is resold or otherwise transferred.

Impact

If enacted, HB3767 will significantly change how sales tax exemptions are applied in Texas for businesses involved in reselling goods or services. This amendment aims to reduce disputes over tax liability and compliance, likely benefiting retailers and service providers by allowing them to navigate tax regulations more effectively. The bill illustrates a move toward more business-friendly policies by potentially lowering the barriers for compliance and ensuring uniformity in taxation practices related to resale transactions.

Summary

House Bill 3767 aims to amend the Texas Tax Code regarding exemptions from sales and use tax for tangible personal property or taxable services that are resold or transferred. The bill seeks to clarify the definitions and conditions under which such exemptions apply, including stipulations for property acquired for resale strictly in its original form or as part of a taxable service. This legislation is designed to simplify the tax obligations of businesses that deal in resale, providing clearer guidelines that align with federal acquisition regulations.

Sentiment

The sentiment surrounding the bill appears to be largely positive among business interests and legislative supporters who advocate for more straightforward tax regulations. Business owners may view the bill as a significant improvement over the existing framework, which they often find cumbersome and unclear. Conversely, there may be apprehension among some advocacy groups who are concerned about potential loopholes that could arise from the amendments, leading to unintended tax consequences for state revenues.

Contention

Notable points of contention include the potential impact of this bill on state revenue and whether the proposed exemptions could lead to a decrease in overall tax collection. Critics may argue that such measures could disproportionately benefit larger businesses at the expense of small entities, which could maintain a higher compliance burden under existing tax rules. Additionally, the precise definitions outlined in the bill may leave room for interpretation, potentially resulting in legal challenges regarding tax enforcement down the line.

Companion Bills

TX SB1721

Identical Relating to the exemption from the sales and use tax for tangible personal property or a taxable service that is resold or otherwise transferred.

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