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