Texas 2019 - 86th Regular

Texas Senate Bill SB2079

Caption

Relating to procedures for tax auditing and determining amounts of overpayments of gas production taxes.

Impact

The bill establishes a comprehensive framework for managed audits, empowering the comptroller to authorize taxpayers to conduct their own audits under specific written agreements. This could foster more efficient tax compliance by reducing the burden of tax auditing and allowing taxpayers to utilize their internal records to assess their tax obligations accurately. Moreover, if no fraud or willful evasion is detected, taxpayers are safeguarded from penalties, encouraging prompt correction of overpayments without severe repercussions.

Summary

SB2079 seeks to amend Texas tax code procedures regarding the auditing of gas production taxes and determining amounts of overpayments. A key provision of the bill is the introduction of selected marketing cost sampling, allowing taxpayers to use a sample of marketing transactions to compute overpaid taxes more effectively. This change aims to streamline the audit process and make it more accessible for taxpayers, who may otherwise struggle with the complex calculations associated with tax liabilities.

Conclusion

As the bill is set to take effect on September 1, 2019, it is important for stakeholders including tax professionals and businesses in the gas production sector to be prepared for these procedural changes. Understanding these amendments will be crucial for compliance and ensuring that taxpayers can take full advantage of the new allowances for issuing credits and refunds for overpayments identified through managed audits.

Contention

Despite its intended positive effects, SB2079 may face criticism regarding accountability and regulation over tax collection processes. Opponents might argue that granting taxpayers more autonomy in conducting audits could pose risks of underreporting or miscalculation. Furthermore, the bill’s framework relies heavily on the comptroller’s discretion when it comes to approving managed audits and selected marketing cost sampling methods, which some may view as an area ripe for inconsistencies or favoritism.

Companion Bills

TX HB2256

Same As Relating to procedures for tax auditing, determining amounts of overpayments, and obtaining reimbursements of overpayments of gas production taxes.

Previously Filed As

TX SB952

Relating to certain tax and fee collection procedures and taxpayer suits.

TX HB228

Relating to the applicability of the gas production tax to flared or vented gas at an increased rate; imposing a tax.

TX SB256

Relating to the applicability of the gas production tax to flared or vented gas at an increased rate.

TX HB2525

Relating to certain tax and fee collection procedures and taxpayer suits.

TX HB2226

Relating to state and municipal motor fuel taxes; providing civil penalties; creating criminal offenses; requiring occupational licenses; authorizing the imposition of taxes; providing for increases and decreases in the rates of taxes.

TX SB5

Relating to an exemption from ad valorem taxation of a portion of the appraised value of tangible personal property that is held or used for the production of income and a franchise tax credit for the payment of certain related ad valorem taxes.

TX HB38

Relating to the elimination of certain property taxes for school district maintenance and operations and the provision of public education funding by increasing the rates of certain state taxes.

TX HB4419

Relating to the promotion of film and television production in this state, including the eligibility of film or television productions for funding under the major events reimbursement program, the creation of a film events trust fund and a film production tax rebate trust fund, the establishment of virtual film production institutes, and the designation of media production development zones.

TX HB2843

Relating to the authorization, licensing, and regulation of casino gaming and sports wagering in this state, to the creation, powers, and duties of the Texas Gaming Commission, to the support of the horse racing industry and reform of horse racing and greyhound racing, and to other provisions related to gambling; imposing and authorizing administrative and civil penalties; imposing taxes; imposing and authorizing fees; requiring occupational licenses; creating criminal offenses.

TX HB4809

Relating to the strong families credit against certain taxes for entities that contribute to certain organizations.

Similar Bills

TX HB1524

Relating to correcting outdated references to the Texas Building and Procurement Commission.

TX SB2208

Relating to the transfer of the regulation of property tax professionals from the Texas Department of Licensing and Regulation to the comptroller of public accounts; providing civil and administrative penalties.

TX SB212

Relating to the abolishment of the Texas Council on Purchasing from People with Disabilities and the transfer of its functions to the Texas Workforce Commission.

TX HB1989

Relating to the abolishment of the Texas Council on Purchasing from People with Disabilities and the transfer of its functions to the comptroller of public accounts.

NJ ACR95

Proposes amendment to State Constitution to provide for elected State Comptroller and eliminate Office of State Auditor.

NJ ACR104

Proposes amendment to State Constitution to provide for elected State Comptroller and eliminate Office of State Auditor.

TX HB3613

Relating to a Pan American Games trust fund, an Olympic Games trust fund, a Major Events trust fund, a Motor Sports Racing trust fund, and an Events trust fund for sporting and non-sporting events, and to the abolishment of the special event trust fund.

TX SB633

Relating to certain event trust funds and the abolishment of the special event trust fund.