1 | 1 | | 84R636 CJC-D |
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2 | 2 | | By: Ellis S.B. No. 591 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | A BILL TO BE ENTITLED |
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6 | 6 | | AN ACT |
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7 | 7 | | relating to certain reimbursements provided for the collection of |
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8 | 8 | | sales and use taxes. |
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9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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10 | 10 | | SECTION 1. Section 151.423, Tax Code, is amended to read as |
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11 | 11 | | follows: |
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12 | 12 | | Sec. 151.423. REIMBURSEMENT TO TAXPAYER FOR TAX |
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13 | 13 | | COLLECTIONS. Subject to Section 151.4231, a [A] taxpayer may |
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14 | 14 | | deduct and withhold three-fourths [one-half] of one percent of the |
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15 | 15 | | amount of taxes due from the taxpayer on a timely return as |
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16 | 16 | | reimbursement for the cost of collecting the taxes imposed by this |
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17 | 17 | | chapter. [The comptroller shall provide a card with each form |
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18 | 18 | | distributed for the collection of taxes under this chapter. The |
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19 | 19 | | card may be inserted by the taxpayer with the tax payment to provide |
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20 | 20 | | for contribution of all or part of the reimbursement provided by |
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21 | 21 | | this section for use as grants under Subchapter M, Chapter 56, |
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22 | 22 | | Education Code. If the taxpayer chooses to contribute the |
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23 | 23 | | reimbursement for the grants, the taxpayer shall include the amount |
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24 | 24 | | of the reimbursement contribution with the tax payment. The |
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25 | 25 | | comptroller shall transfer money contributed under this section for |
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26 | 26 | | grants under Subchapter M, Chapter 56, Education Code, to the |
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27 | 27 | | appropriate fund.] |
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28 | 28 | | SECTION 2. Subchapter I, Chapter 151, Tax Code, is amended |
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29 | 29 | | by adding Section 151.4231 to read as follows: |
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30 | 30 | | Sec. 151.4231. LIMITATION ON AMOUNT OF REIMBURSEMENT. (a) |
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31 | 31 | | The amount deducted and withheld by a taxpayer under Section |
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32 | 32 | | 151.423 may not exceed: |
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33 | 33 | | (1) $312.50 each month if the taxpayer files monthly; |
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34 | 34 | | (2) $937.50 each quarter if the taxpayer files |
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35 | 35 | | quarterly under Section 151.401(b); and |
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36 | 36 | | (3) $3,750 each state fiscal year. |
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37 | 37 | | (b) The comptroller shall adopt rules for determining to |
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38 | 38 | | which month, quarter, and state fiscal year amounts deducted and |
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39 | 39 | | withheld by a taxpayer under Section 151.423 will be allocated for |
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40 | 40 | | purposes of this section. |
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41 | 41 | | SECTION 3. Section 151.801, Tax Code, is amended by |
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42 | 42 | | amending Subsection (a) and adding Subsection (a-1) to read as |
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43 | 43 | | follows: |
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44 | 44 | | (a) Except for the amounts allocated under Subsections |
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45 | 45 | | (a-1), (b), and (c), all proceeds from the collection of the taxes |
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46 | 46 | | imposed by this chapter shall be deposited to the credit of the |
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47 | 47 | | general revenue fund. |
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48 | 48 | | (a-1) The comptroller shall calculate the difference |
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49 | 49 | | between the amount of the proceeds from the collection of the taxes |
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50 | 50 | | imposed by this chapter that, in the absence of the limitation on |
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51 | 51 | | reimbursements specified by Section 151.4231, taxpayers would |
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52 | 52 | | deduct and withhold under Section 151.423 at the percentage in |
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53 | 53 | | effect under that section on January 1, 2015, and the amount that |
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54 | 54 | | taxpayers actually deduct and withhold under Section 151.423 after |
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55 | 55 | | applying the limitation specified by Section 151.4231. The |
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56 | 56 | | comptroller shall deposit an amount equal to that difference to an |
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57 | 57 | | account in the general revenue fund to be administered by the Texas |
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58 | 58 | | Higher Education Coordinating Board. Money in the account may be |
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59 | 59 | | appropriated only to provide grants under Subchapter M, Chapter 56, |
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60 | 60 | | Education Code. |
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61 | 61 | | SECTION 4. Section 151.423, Tax Code, as amended by this |
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62 | 62 | | Act, applies to a tax report due on or after the effective date of |
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63 | 63 | | this Act. A tax report due before the effective date of this Act is |
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64 | 64 | | governed by the law in effect on the date the tax report was due, and |
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65 | 65 | | the former law is continued in effect for that purpose. |
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66 | 66 | | SECTION 5. The change in law made by this Act does not |
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67 | 67 | | affect tax liability accruing before the effective date of this |
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68 | 68 | | Act. That liability continues in effect as if this Act had not been |
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69 | 69 | | enacted, and the former law is continued in effect for the |
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70 | 70 | | collection of taxes due and for civil and criminal enforcement of |
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71 | 71 | | the liability for those taxes. |
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72 | 72 | | SECTION 6. This Act takes effect September 1, 2015. |
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