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A BILL TO BE ENTITLED
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AN ACT
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relating to a credit or reimbursement of the motor vehicle sales tax |
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paid on uncollectable payments. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 152.047, Tax Code, is amended by adding |
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Subsections (g-2), (g-3), and (g-4) to read as follows: |
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(g-2) Subject to Subsection (g-3), an entity that is a |
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member of an affiliated group, as defined by 26 U.S.C. Section 1504, |
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that includes an automobile manufacturer and to which a seller |
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assigns the right to receive payments under Subsection (g) is |
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entitled to a credit or reimbursement for the tax paid by the seller |
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on the taxable portion of uncollectible payments. |
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(g-3) An assignee under Subsection (g-2) is entitled to a |
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credit or reimbursement under Subsection (g-2) only if the seller: |
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(1) at the time the motor vehicle was sold held a |
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dealer general distinguishing number issued under Chapter 503, |
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Transportation Code; and |
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(2) paid the tax for which the credit or reimbursement |
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is sought. |
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(g-4) The assignee in a subsequent assignment within the |
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affiliated group described by Subsection (g-2) is also entitled to |
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a credit or reimbursement for the tax paid by the seller on the |
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taxable portion of uncollectible payments. |
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SECTION 2. The change in law made by this Act does not |
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affect tax liability accruing before the effective date of this |
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Act. That liability continues in effect as if this Act had not been |
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enacted, and the former law is continued in effect for the |
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collection of taxes due and for civil and criminal enforcement of |
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the liability for those taxes. |
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SECTION 3. This Act takes effect September 1, 2009. |