1 | 1 | | 89R5706 RDS-F |
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2 | 2 | | By: Parker S.B. No. 831 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | |
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6 | 6 | | |
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7 | 7 | | A BILL TO BE ENTITLED |
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8 | 8 | | AN ACT |
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9 | 9 | | relating to certain reimbursements and discounts allowed for the |
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10 | 10 | | collection and payment of sales and use taxes. |
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11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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12 | 12 | | SECTION 1. Section 151.423, Tax Code, is amended to read as |
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13 | 13 | | follows: |
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14 | 14 | | Sec. 151.423. REIMBURSEMENT TO TAXPAYER FOR TAX |
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15 | 15 | | COLLECTIONS. (a) In this section: |
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16 | 16 | | (1) "Credit card" means a card or equivalent device |
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17 | 17 | | used to make purchases based on the cardholder's promise to pay the |
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18 | 18 | | issuer of the card for the amount of the purchase and any associated |
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19 | 19 | | interest and fees. |
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20 | 20 | | (2) "Credit card sale" means a sale of a taxable item |
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21 | 21 | | paid for by the purchaser using a credit card. |
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22 | 22 | | (b) As reimbursement for the cost of collecting the taxes |
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23 | 23 | | imposed by this chapter, a [A] taxpayer may on a timely return |
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24 | 24 | | deduct and withhold: |
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25 | 25 | | (1) one-half of one percent of the amount of taxes due |
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26 | 26 | | from the taxpayer, other than taxes imposed on credit card sales; |
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27 | 27 | | and |
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28 | 28 | | (2) 2.5 percent of the amount of taxes imposed on |
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29 | 29 | | credit card sales due from the taxpayer [on a timely return as |
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30 | 30 | | reimbursement for the cost of collecting the taxes imposed by this |
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31 | 31 | | chapter]. |
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32 | 32 | | (c) The comptroller shall provide a card with each form |
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33 | 33 | | distributed for the collection of taxes under this chapter. The |
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34 | 34 | | card may be inserted by the taxpayer with the tax payment to provide |
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35 | 35 | | for contribution of all or part of the reimbursement provided by |
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36 | 36 | | this section for use as grants under Subchapter M, Chapter 56, |
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37 | 37 | | Education Code. If the taxpayer chooses to contribute the |
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38 | 38 | | reimbursement for the grants, the taxpayer shall include the amount |
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39 | 39 | | of the reimbursement contribution with the tax payment. The |
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40 | 40 | | comptroller shall transfer money contributed under this section for |
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41 | 41 | | grants under Subchapter M, Chapter 56, Education Code, to the |
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42 | 42 | | appropriate fund. |
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43 | 43 | | SECTION 2. Section 151.424, Tax Code, is amended by |
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44 | 44 | | amending Subsection (a) and adding Subsection (a-1) to read as |
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45 | 45 | | follows: |
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46 | 46 | | (a) A taxpayer who prepays the taxpayer's tax liability of |
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47 | 47 | | taxes described by Section 151.423(b)(1) on the basis of a |
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48 | 48 | | reasonable estimate of the tax liability for a quarter in which a |
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49 | 49 | | prepayment is made or for a month in which a prepayment is made may |
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50 | 50 | | deduct and withhold 1.25 percent of the amount of the prepayment in |
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51 | 51 | | addition to the amount permitted to be deducted and withheld under |
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52 | 52 | | that subdivision [Section 151.423 of this code]. A reasonable |
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53 | 53 | | estimate of the tax liability must be at least 90 percent of that |
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54 | 54 | | [the] tax ultimately due or the amount of that tax paid in the same |
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55 | 55 | | quarter, or month, if a monthly prepayer, in the last preceding |
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56 | 56 | | year. Failure to prepay a reasonable estimate of the tax will result |
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57 | 57 | | in the loss of the entire prepayment discount. |
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58 | 58 | | (a-1) A taxpayer may not deduct or withhold any amount under |
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59 | 59 | | this section of a prepayment of the taxpayer's tax liability for |
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60 | 60 | | taxes described by Section 151.423(b)(2). |
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61 | 61 | | SECTION 3. 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 4. Section 151.424, Tax Code, as amended by this |
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67 | 67 | | Act, applies to a prepayment of tax liability made on or after the |
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68 | 68 | | effective date of this Act. A prepayment of tax liability made |
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69 | 69 | | before the effective date of this Act is governed by the law in |
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70 | 70 | | effect on the date the prepayment was made, and the former law is |
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71 | 71 | | continued in effect for that purpose. |
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72 | 72 | | SECTION 5. This Act takes effect October 1, 2025. |
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