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A BILL TO BE ENTITLED
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AN ACT
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relating to the date by which a seller must provide resale and |
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exemption certificates to the comptroller in connection with a |
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sales and use tax audit. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 151.054, Tax Code, is amended by |
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amending Subsection (e) and adding Subsection (f) to read as |
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follows: |
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(e) Properly completed resale or exemption certificates |
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should be in the possession of the seller at the time the nontaxable |
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transaction occurs. If the seller is not in possession of these |
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certificates within 90 [60] days from the date written notice |
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requiring possession of them is given to the seller by the |
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comptroller or a later date agreed to by the comptroller and the |
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seller, deductions claimed by the seller that require delivery of |
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the certificates shall be disallowed. [If the seller delivers the |
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certificates to the comptroller within the 60-day period, the |
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comptroller may verify the reason or basis for exemption claimed in |
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the certificates before allowing any deductions.] A deduction may |
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not be granted on the basis of certificates delivered to the |
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comptroller after the 90-day [60-day] period or, if applicable, the |
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date agreed to by the comptroller and the seller. |
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(f) Before allowing a deduction, the comptroller may verify |
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the reason or basis for exemption claimed in a resale or exemption |
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certificate delivered to the comptroller during the period provided |
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by Subsection (e). |
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SECTION 2. Section 151.104, Tax Code, is amended by |
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amending Subsection (d) and adding Subsection (e) to read as |
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follows: |
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(d) Properly executed resale or exemption certificates |
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should be in possession of the seller at the time the nontaxable |
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transaction occurs. If the seller is not in possession of these |
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certificates within 90 [60] days from the date written notice |
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requiring possession of them is given to the seller by the |
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comptroller or a later date agreed to by the comptroller and the |
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seller, deductions claimed by the seller that require delivery of |
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the certificates shall be disallowed. [If the seller acquires |
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certificates within the 60-day period, the comptroller may verify |
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the reason or basis for exemption claimed in the certificates |
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before allowing any deductions.] A deduction may not be granted on |
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the basis of certificates obtained after the 90-day [60-day] period |
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or, if applicable, the date agreed to by the comptroller and the |
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seller. |
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(e) Before allowing a deduction, the comptroller may verify |
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the reason or basis for exemption claimed in a resale or exemption |
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certificate acquired by the seller during the period provided by |
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Subsection (d). |
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SECTION 3. Sections 151.054 and 151.104, Tax Code, as |
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amended by this Act, apply to an audit of a seller's sales |
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transactions that is pending on or commenced on or after the |
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effective date of this Act. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2021. |