Texas 2021 - 87th Regular

Texas Senate Bill SB296 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 296
	1	+	By: Perry S.B. No. 296
	2	+	(Button)
2	3
3	4
	5	+	A BILL TO BE ENTITLED
4	6		AN ACT
5	7		relating to the date by which a seller must provide resale and
6	8		exemption certificates to the comptroller in connection with a
7	9		sales and use tax audit.
8	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	11		SECTION 1. Section 151.054, Tax Code, is amended by
10	12		amending Subsection (e) and adding Subsection (f) to read as
11	13		follows:
12	14		(e) Properly completed resale or exemption certificates
13	15		should be in the possession of the seller at the time the nontaxable
14	16		transaction occurs. If the seller is not in possession of these
15	17		certificates within 90 [60] days from the date written notice
16	18		requiring possession of them is given to the seller by the
17	19		comptroller or a later date agreed to by the comptroller and the
18	20		seller, deductions claimed by the seller that require delivery of
19	21		the certificates shall be disallowed. [If the seller delivers the
20	22		certificates to the comptroller within the 60-day period, the
21	23		comptroller may verify the reason or basis for exemption claimed in
22	24		the certificates before allowing any deductions.] A deduction may
23	25		not be granted on the basis of certificates delivered to the
24	26		comptroller after the 90-day [60-day] period or, if applicable, the
25	27		date agreed to by the comptroller and the seller.
26	28		(f) Before allowing a deduction, the comptroller may verify
27	29		the reason or basis for exemption claimed in a resale or exemption
28	30		certificate delivered to the comptroller during the period provided
29	31		by Subsection (e).
30	32		SECTION 2. Section 151.104, Tax Code, is amended by
31	33		amending Subsection (d) and adding Subsection (e) to read as
32	34		follows:
33	35		(d) Properly executed resale or exemption certificates
34	36		should be in possession of the seller at the time the nontaxable
35	37		transaction occurs. If the seller is not in possession of these
36	38		certificates within 90 [60] days from the date written notice
37	39		requiring possession of them is given to the seller by the
38	40		comptroller or a later date agreed to by the comptroller and the
39	41		seller, deductions claimed by the seller that require delivery of
40	42		the certificates shall be disallowed. [If the seller acquires
41	43		certificates within the 60-day period, the comptroller may verify
42	44		the reason or basis for exemption claimed in the certificates
43	45		before allowing any deductions.] A deduction may not be granted on
44	46		the basis of certificates obtained after the 90-day [60-day] period
45	47		or, if applicable, the date agreed to by the comptroller and the
46	48		seller.
47	49		(e) Before allowing a deduction, the comptroller may verify
48	50		the reason or basis for exemption claimed in a resale or exemption
49	51		certificate acquired by the seller during the period provided by
50	52		Subsection (d).
51	53		SECTION 3. Sections 151.054 and 151.104, Tax Code, as
52	54		amended by this Act, apply to an audit of a seller's sales
53	55		transactions that is pending on or commenced on or after the
54	56		effective date of this Act.
55	57		SECTION 4. This Act takes effect immediately if it receives
56	58		a vote of two-thirds of all the members elected to each house, as
57	59		provided by Section 39, Article III, Texas Constitution. If this
58	60		Act does not receive the vote necessary for immediate effect, this
59	61		Act takes effect September 1, 2021.
60		-	______________________________ ______________________________
61		-	President of the Senate Speaker of the House
62		-	I hereby certify that S.B. No. 296 passed the Senate on
63		-	April 29, 2021, by the following vote: Yeas 31, Nays 0.
64		-	______________________________
65		-	Secretary of the Senate
66		-	I hereby certify that S.B. No. 296 passed the House on
67		-	May 23, 2021, by the following vote: Yeas 146, Nays 0, one
68		-	present not voting.
69		-	______________________________
70		-	Chief Clerk of the House
71		-	Approved:
72		-	______________________________
73		-	Date
74		-	______________________________
75		-	Governor