Texas Senate Bill SB830

Texas 2011 - 82nd Regular

• Introduced: 2/21/11
• Refer: 3/1/11

Caption

Relating to the use of customs brokers to obtain a refund of sales and use taxes and to the retention of the $1 million total revenue exemption for the franchise tax.

Impact

If enacted, SB830 would simplify the tax exemption claiming process for companies exporting tangible personal property. By mandating that proof of export is required to be shown only by specific documentation issued by licensed carriers, the bill seeks to create more efficiency in tax refund claims. This change would theoretically eliminate potential bureaucratic delays that exporters face when trying to establish their eligibility for tax refunds, thereby fostering a more business-friendly environment in Texas.

Summary

Senate Bill 830 focuses primarily on the use of customs brokers in relation to obtaining refunds of sales and use taxes, as well as the retention of the $1 million total revenue exemption regarding the franchise tax. The bill proposes amendments to the Tax Code to streamline the process related to customs documentation needed for tax exemptions on exported tangible goods. This includes specifying that proof of export should solely be demonstrated via a bill of lading, while also repealing several existing sections that may complicate the process.

Sentiment

The sentiment surrounding SB830 appears to be largely positive among business stakeholders, particularly those engaged in international trade. Proponents argue that the proposed amendments will eliminate unnecessary regulatory burdens and foster smoother operations for businesses focusing on exports. However, there may be concerns from other perspectives, such as potential efficacy or risks associated with reduced checks on the customs processes. This tension reflects a broader conversation about balancing regulatory oversight with the need for economic expediency.

Contention

While most discussions seem to favor the bill's intent, some points of contention might arise regarding the potential for fraud or misuse of the streamlined processes introduced by SB830. Critics may express concern that easing requirements for tax exemptions could lead to entities abusing the system, resulting in losses for the state in tax revenues. Additionally, repealing previous sections of the Tax Code could lead to gaps in enforcement or oversight, raising concerns among regulatory bodies regarding the integrity of customs and tax processes.