By:  Ratliff                                          S.B. No. 1319
                                A BILL TO BE ENTITLED
                                       AN ACT
 1-1     relating to procedures for tax auditing and collection.
 1-2           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-3           SECTION 1.  Subchapter B, Chapter 151, Tax Code, is amended
 1-4     by adding Section 151.0231 to read as follows:
 1-5           Sec. 151.0231.  MANAGED AUDITS.  (a)  In this section,
 1-6     "managed audit" means a review and analysis of invoices, checks,
 1-7     accounting records, or other documents or information to determine
 1-8     a taxpayer's liability for tax under this chapter.
 1-9           (b)  A managed audit may be limited to certain categories of
1-10     liability under this chapter, including tax on:
1-11                 (1)  sales of one or more types of taxable items;
1-12                 (2)  purchases of assets;
1-13                 (3)  purchases of expense items;
1-14                 (4)  purchases under a direct payment permit; or
1-15                 (5)  any other category specified in an agreement
1-16     authorized by this section.
1-17           (c)  The comptroller may, in a written agreement, authorize a
1-18     taxpayer to conduct a managed audit under this section.  The
1-19     agreement must:
1-20                 (1)  be signed by an authorized representative of the
1-21     comptroller and the taxpayer; and
1-22                 (2)  specify the period to be audited and the procedure
1-23     to be followed.
1-24           (d)  In determining whether to authorize a managed audit, the
 2-1     comptroller may consider, in addition to other factors the
 2-2     comptroller considers relevant:
 2-3                 (1)  the taxpayer's history of tax compliance;
 2-4                 (2)  the amount of time and resources the taxpayer has
 2-5     available to dedicate to the audit;
 2-6                 (3)  the extent and availability of the taxpayer's
 2-7     records; and
 2-8                 (4)  the taxpayer's ability to pay any expected
 2-9     liability.
2-10           (e)  The decision to authorize or not authorize a managed
2-11     audit rests solely with the comptroller.
2-12           (f)  The comptroller may examine records and perform reviews
2-13     that the comptroller determines are necessary before the audit is
2-14     finalized to verify the results of the audit.
2-15           (g)  Unless the audit or information reviewed by the
2-16     comptroller under Subsection (f) discloses fraud or wilful evasion
2-17     of the tax, the comptroller may not assess a penalty and may waive
2-18     all or part of the interest that would otherwise accrue on any
2-19     amount identified to be due in a managed audit.  This subsection
2-20     does not apply to any amount collected by the taxpayer that was a
2-21     tax or represented to be a tax but that was not remitted to this
2-22     state.
2-23           (h)  Except as provided by Section 111.104(f), the taxpayer
2-24     is entitled to a refund of any tax overpayment disclosed by a
2-25     managed audit under this section.
2-26           SECTION 2.  Subchapter I, Chapter 151, Tax Code, is amended
 3-1     by adding Section 151.4171 to read as follows:
 3-2           Sec. 151.4171.  OPTIONAL REPORTING METHOD:  PERCENTAGE-BASED.
 3-3     (a)  In this section, "percentage-based reporting method" means a
 3-4     method by which a taxpayer categorizes purchase transactions
 3-5     according to standards specified in the letter of authorization,
 3-6     reviews an agreed-on sample of invoices in that category to
 3-7     determine the percentage of taxable transactions, and uses that
 3-8     percentage to calculate the amount of tax to be reported.
 3-9           (b)  The comptroller may authorize the holder of a direct
3-10     payment permit to use a percentage-based reporting method.  The
3-11     authorized percentage must be used for a three-year period
3-12     specified by the comptroller, unless the authorization is revoked
3-13     by the comptroller.
3-14           (c)  The comptroller may revoke the authorization to report
3-15     under this section if the comptroller determines that the
3-16     percentage being used is no longer representative because of a
3-17     change:
3-18                 (1)  in law, including a change in the interpretation
3-19     of a law or rule; or
3-20                 (2)  in the taxpayer's business operations.
3-21           (d)  The decision of the comptroller to deny or revoke
3-22     authorization under this section is not appealable.
3-23           (e)  In deciding whether to authorize reporting under this
3-24     section, the comptroller may categorize transactions by dollar
3-25     amount, by type of taxable item purchased, by the purpose for which
3-26     the taxable item will be used, or by other standards appropriate to
 4-1     the taxpayer's operations.
 4-2           (f)  The comptroller by rule may specify additional
 4-3     procedures that must be followed and conditions that must be met
 4-4     before the comptroller authorizes a taxpayer to report under this
 4-5     section.
 4-6           SECTION 3.  Subchapter I, Chapter 151, Tax Code, is amended
 4-7     by adding Section 151.430 to read as follows:
 4-8           Sec. 151.430.  DETERMINATION OF OVERPAID AMOUNTS.  (a)  This
 4-9     section applies to the tax on purchases paid by a person holding a
4-10     permit under this chapter who has purchased taxable items for use
4-11     in this state and has remitted tax on those items in error to this
4-12     state or has paid tax on those items in error to a retailer holding
4-13     a permit under this chapter.
4-14           (b)  A person to whom this section applies may compute the
4-15     amount of overpayment by use of a projection based on a sampling of
4-16     transactions.  The sampling method used must comply with generally
4-17     accepted sampling methods as approved by the comptroller.
4-18           (c)  The person may obtain reimbursement for amounts
4-19     determined to have been overpaid by taking a credit on one or more
4-20     sales tax returns or by filing a claim for refund with the
4-21     comptroller within the limitation period specified by Subchapter D,
4-22     Chapter 111.
4-23           (d)  The person must record the method by which the
4-24     projection and computation were performed and must make available
4-25     on request by the comptroller the records on which the projection
4-26     and computation were based.
 5-1           (e)  The comptroller may adopt rules specifying additional
 5-2     procedures that must be followed in connection with claiming a
 5-3     credit under this section.
 5-4           SECTION 4.  This Act takes effect October 1, 1999.
 5-5           SECTION 5.   The importance of this legislation and the
 5-6     crowded condition of the calendars in both houses create an
 5-7     emergency and an imperative public necessity that the
 5-8     constitutional rule requiring bills to be read on three several
 5-9     days in each house be suspended, and this rule is hereby suspended.