Texas 2023 - 88th Regular

Texas House Bill HB2292 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R7836 RDS-F
2	2	By: Slawson H.B. No. 2292
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to certain reimbursements and discounts allowed for the
8	8	collection and payment of sales and use taxes.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 151.423, Tax Code, is amended to read as
11	11	follows:
12	12	Sec. 151.423. REIMBURSEMENT TO TAXPAYER FOR TAX
13	13	COLLECTIONS. (a) In this section:
14	14	(1) "Credit card" means a card or equivalent device
15	15	used to make purchases based on the cardholder's promise to pay the
16	16	issuer of the card for the amount of the purchase and any associated
17	17	interest and fees.
18	18	(2) "Credit card sale" means a sale of a taxable item
19	19	paid for by the purchaser using a credit card.
20	20	(b) As reimbursement for the cost of collecting the taxes
21	21	imposed by this chapter, a [A] taxpayer may on a timely return
22	22	deduct and withhold:
23	23	(1) one-half of one percent of the amount of taxes due
24	24	from the taxpayer, other than taxes imposed on credit card sales;
25	25	and
26	26	(2) 2.5 percent of the amount of taxes imposed on
27	27	credit card sales due from the taxpayer [on a timely return as
28	28	reimbursement for the cost of collecting the taxes imposed by this
29	29	chapter].
30	30	(c) The comptroller shall provide a card with each form
31	31	distributed for the collection of taxes under this chapter. The
32	32	card may be inserted by the taxpayer with the tax payment to provide
33	33	for contribution of all or part of the reimbursement provided by
34	34	this section for use as grants under Subchapter M, Chapter 56,
35	35	Education Code. If the taxpayer chooses to contribute the
36	36	reimbursement for the grants, the taxpayer shall include the amount
37	37	of the reimbursement contribution with the tax payment. The
38	38	comptroller shall transfer money contributed under this section for
39	39	grants under Subchapter M, Chapter 56, Education Code, to the
40	40	appropriate fund.
41	41	SECTION 2. Section 151.424, Tax Code, is amended by
42	42	amending Subsection (a) and adding Subsection (a-1) to read as
43	43	follows:
44	44	(a) A taxpayer who prepays the taxpayer's tax liability of
45	45	taxes described by Section 151.423(b)(1) on the basis of a
46	46	reasonable estimate of the tax liability for a quarter in which a
47	47	prepayment is made or for a month in which a prepayment is made may
48	48	deduct and withhold 1.25 percent of the amount of the prepayment in
49	49	addition to the amount permitted to be deducted and withheld under
50	50	that section [Section 151.423 of this code]. A reasonable estimate
51	51	of the tax liability must be at least 90 percent of that [the] tax
52	52	ultimately due or the amount of that tax paid in the same quarter,
53	53	or month, if a monthly prepayer, in the last preceding year. Failure
54	54	to prepay a reasonable estimate of the tax will result in the loss
55	55	of the entire prepayment discount.
56	56	(a-1) A taxpayer may not deduct or withhold any amount under
57	57	this section of a prepayment of the taxpayer's tax liability for
58	58	taxes described by Section 151.423(b)(2).
59	59	SECTION 3. Section 151.423, Tax Code, as amended by this
60	60	Act, applies to a tax report due on or after the effective date of
61	61	this Act. A tax report due before the effective date of this Act is
62	62	governed by the law in effect on the date the tax report was due, and
63	63	the former law is continued in effect for that purpose.
64	64	SECTION 4. Section 151.424, Tax Code, as amended by this
65	65	Act, applies to a prepayment of tax liability made on or after the
66	66	effective date of this Act. A prepayment of tax liability made
67	67	before the effective date of this Act is governed by the law in
68	68	effect on the date the prepayment was made, and the former law is
69	69	continued in effect for that purpose.
70	70	SECTION 5. This Act takes effect October 1, 2023.