Texas 2025 - 89th Regular

Texas House Bill HB2428 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R7706 RDS-F
2	2	By: Canales H.B. No. 2428
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to certain reimbursements and discounts allowed for the
10	10	collection and payment of sales and use taxes.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 151.423, Tax Code, is amended to read as
13	13	follows:
14	14	Sec. 151.423. REIMBURSEMENT TO TAXPAYER FOR TAX
15	15	COLLECTIONS. (a) In this section:
16	16	(1) "Credit card" means a card or equivalent device
17	17	used to make purchases based on the cardholder's promise to pay the
18	18	issuer of the card for the amount of the purchase and any associated
19	19	interest and fees.
20	20	(2) "Credit card sale" means a sale of a taxable item
21	21	paid for by the purchaser using a credit card.
22	22	(b) As reimbursement for the cost of collecting the taxes
23	23	imposed by this chapter, a [A] taxpayer may on a timely return
24	24	deduct and withhold:
25	25	(1) one-half of one percent of the amount of taxes due
26	26	from the taxpayer, other than taxes imposed on credit card sales;
27	27	and
28	28	(2) except as provided by Subsection (c), 2.5 percent
29	29	of the amount of taxes imposed on credit card sales due from the
30	30	taxpayer [on a timely return as reimbursement for the cost of
31	31	collecting the taxes imposed by this chapter].
32	32	(c) A taxpayer may not deduct or withhold more than $10
33	33	million under Subsection (b)(2) during a calendar quarter.
34	34	(d) The comptroller shall provide a card with each form
35	35	distributed for the collection of taxes under this chapter. The
36	36	card may be inserted by the taxpayer with the tax payment to provide
37	37	for contribution of all or part of the reimbursement provided by
38	38	this section for use as grants under Subchapter M, Chapter 56,
39	39	Education Code. If the taxpayer chooses to contribute the
40	40	reimbursement for the grants, the taxpayer shall include the amount
41	41	of the reimbursement contribution with the tax payment. The
42	42	comptroller shall transfer money contributed under this section for
43	43	grants under Subchapter M, Chapter 56, Education Code, to the
44	44	appropriate fund.
45	45	SECTION 2. Section 151.424, Tax Code, is amended by
46	46	amending Subsection (a) and adding Subsection (a-1) to read as
47	47	follows:
48	48	(a) A taxpayer who prepays the taxpayer's tax liability of
49	49	taxes described by Section 151.423(b)(1) on the basis of a
50	50	reasonable estimate of the tax liability for a quarter in which a
51	51	prepayment is made or for a month in which a prepayment is made may
52	52	deduct and withhold 1.25 percent of the amount of the prepayment in
53	53	addition to the amount permitted to be deducted and withheld under
54	54	that section [Section 151.423 of this code]. A reasonable estimate
55	55	of the tax liability must be at least 90 percent of that [the] tax
56	56	ultimately due or the amount of that tax paid in the same quarter,
57	57	or month, if a monthly prepayer, in the last preceding year. Failure
58	58	to prepay a reasonable estimate of the tax will result in the loss
59	59	of the entire prepayment discount.
60	60	(a-1) A taxpayer may not deduct or withhold any amount under
61	61	this section of a prepayment of the taxpayer's tax liability for
62	62	taxes described by Section 151.423(b)(2).
63	63	SECTION 3. Section 151.423, Tax Code, as amended by this
64	64	Act, applies to a tax report due on or after the effective date of
65	65	this Act. A tax report due before the effective date of this Act is
66	66	governed by the law in effect on the date the tax report was due, and
67	67	the former law is continued in effect for that purpose.
68	68	SECTION 4. Section 151.424, Tax Code, as amended by this
69	69	Act, applies to a prepayment of tax liability made on or after the
70	70	effective date of this Act. A prepayment of tax liability made
71	71	before the effective date of this Act is governed by the law in
72	72	effect on the date the prepayment was made, and the former law is
73	73	continued in effect for that purpose.
74	74	SECTION 5. This Act takes effect October 1, 2025.