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A BILL TO BE ENTITLED
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AN ACT
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relating to an exemption from the sales tax for certain items sold |
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by small businesses in this state during a limited period. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter H, Chapter 151, Tax Code, is amended |
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by adding Section 151.363 to read as follows: |
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Sec. 151.363. ITEMS SOLD BY CERTAIN BUSINESSES IN THIS |
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STATE DURING SMALL BUSINESS SATURDAY. (a) For purposes of this |
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section, a retailer is considered a small business for a particular |
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year only if: |
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(1) each place of business of the retailer is in this |
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state; and |
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(2) the retailer collected during the 12-month period |
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ending September 30 of that year and remitted to the comptroller a |
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total of not more than $312,500 in taxes imposed under this chapter |
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from all of the retailer's places of business in this state. |
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(b) Notwithstanding Subsection (a)(2), if a retailer has |
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been engaged in business in this state for less than 12 months, the |
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retailer is considered a small business for a particular year if the |
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retailer collected during the period beginning on the date the |
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retailer first became engaged in business in this state and ending |
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on September 30 and remitted to the comptroller a total of not less |
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than $50,000 or more than $312,500 in taxes imposed under this |
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chapter from all of the retailer's places of business in this state. |
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(c) The sale of tangible personal property by a retailer |
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that is a small business is exempted from the taxes imposed by this |
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chapter if: |
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(1) the sales price of the article is not more than |
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$5,000; and |
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(2) the tangible personal property is sold during a |
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period beginning at 12:01 a.m. on the first Saturday after |
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Thanksgiving and ending at 11:59 p.m. on that day. |
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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, 2015. |