LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 77th Regular Session
March 23, 2001
TO: Honorable Rodney Ellis, Chair, Senate Committee on Finance
FROM: John Keel, Director, Legislative Budget Board
IN RE: SB1450 by Lindsay (Relating to the collection and
enforcement of taxes; providing penalties.), As Introduced
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* No significant fiscal implication to the State is anticipated. *
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The bill would amend Chapter 111 of the Tax Code to allow the Comptroller
to recharacterize transactions, activities, or relationships and treat
them in a manner consistent with their underlying nature if the
Comptroller determined the actions or relationships did not have a
significant business purpose or lacked economic substance.
The bill would amend Chapter 151 of the Tax Code to define the terms,
"person" and "representative" and to codify Comptroller policy on
physical presence and indirect ownership of property, as those terms and
concepts relate to the administration of the state sales and use tax.
The bill would clarify standards for determining if a retailer was
engaged in business in this state as that concept relates to the state
use tax.
The bill would take effect September 1, 2001.
Methodology
The Comptroller would be granted the authority to recharacterize actions
or relationships that did not have a significant business purpose or
lack economic substance, but which were made for the purpose of tax
avoidance. This recharacterization could result in increased tax
liability related to those actions or relationships, which could produce
some gain to the state and units of local government. Given the
magnitude of current sales tax revenue, it is not anticipated that the
provisions of this bill would result in a significant impact in state
sales tax revenue.
Local Government Impact
No significant fiscal implication to units of local government is
anticipated.
Source Agencies: 304 Comptroller of Public Accounts
LBB Staff: JK, SD, SM