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A BILL TO BE ENTITLED
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AN ACT
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relating to the date by which a seller must provide resale and |
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exemption certificates to the comptroller in connection with a |
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sales and use tax audit. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 151.054(e), Tax Code, is amended to read |
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as follows: |
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(e) Properly completed resale or exemption certificates |
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should be in the possession of the seller at the time the nontaxable |
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transaction occurs. If the seller is not in possession of these |
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certificates at or before the exit conference for an audit of the |
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nontaxable transactions [within 60 days from the date written |
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notice requiring possession of them is given to the seller by the |
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comptroller], deductions claimed by the seller that require |
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delivery of the certificates shall be disallowed. If the seller |
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delivers the certificates to the comptroller at or before the exit |
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conference [within the 60-day period], the comptroller may verify |
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the reason or basis for exemption claimed in the certificates |
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before allowing any deductions. A deduction may not be granted on |
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the basis of certificates delivered to the comptroller after the |
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exit conference [60-day period]. |
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SECTION 2. Section 151.104(d), Tax Code, is amended to read |
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as follows: |
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(d) Properly executed resale or exemption certificates |
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should be in possession of the seller at the time the nontaxable |
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transaction occurs. If the seller is not in possession of these |
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certificates at or before the exit conference for an audit of the |
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nontaxable transactions [within 60 days from the date written |
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notice requiring possession of them is given to the seller by the |
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comptroller], deductions claimed by the seller that require |
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delivery of the certificates shall be disallowed. If the seller |
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delivers the [acquires] certificates to the comptroller at or |
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before the exit conference [within the 60-day period], the |
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comptroller may verify the reason or basis for exemption claimed in |
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the certificates before allowing any deductions. A deduction may |
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not be granted on the basis of certificates delivered to the |
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comptroller [obtained] after the exit conference [60-day period]. |
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SECTION 3. Sections 151.054(e) and 151.104(d), Tax Code, as |
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amended by this Act, apply to an audit of a seller's sales |
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transactions that is pending on or commenced on or after the |
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effective date of this Act. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2021. |