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House Bill 3314 |
House Author: Keffer, Jim |
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Effective: See below |
Senate Sponsor: Duncan |
House Bill 3314 amends provisions of the Tax Code relating to the implementation, administration, collection, and enforcement of state taxes. The bill stipulates that the venue for a suit challenging a collection action is exclusively conferred on the district courts of Travis County. The bill sets out a rebuttable presumption that a taxpayer has actually collected taxes when the taxpayer files a return showing taxes due and adds circumstances under which the statute of limitations is stayed until a certain date for personal liability actions. The bill makes it a Class A misdemeanor to obstruct, hinder, impede, or interfere with the comptroller's seizure of the property of a delinquent taxpayer. The bill provides that a taxpayer who has received notice of a freeze or levy on assets due to a delinquency in tax payment may not file an interpleader action and deposit certain funds or assets into the court's registry to avoid a freeze or levy on the funds or assets. A person who fails or refuses to comply with the freeze or levy is subject to an additional penalty in an amount equal to 50 percent of the amount sought to be frozen or levied. The bill makes an individual officer, manager, and director of a business entity personally liable for fraudulent tax evasion. The bill sets a deadline for bringing a suit to determine the validity of a state tax lien and creates a rebuttable presumption regarding the receipt of proper notice of tax liability.
House Bill 3314 moves the beginning of the sales tax holiday on clothing and footwear from the first Friday in August to the third Friday in August and adds certain school backpacks to the items included in the sales tax holiday.
Relating to seller-financed motor vehicles, House Bill 3314 states that a seller is not considered to have factored, assigned, or transferred a loan when the loan is pledged as collateral for the sale of bonds and nonpayment risk remains with the seller.
House Bill 3314 amends provisions of the Tax Code relating to motor fuel taxes to allow an exemption from, credit for, or refund of the tax paid on gasoline, diesel fuel, and liquefied gas used by certain metropolitan rapid transit authorities (MRTA) providing specified public school transportation services to a school district. The bill expands the oil production tax credit for enhanced efficiency equipment to include equipment installed not later than September 1, 2013, rather than September 1, 2009.
The provisions of House Bill 3314 relating to tax exemptions and credits for an MRTA take effect July 1, 2007; the provision relating to the oil production tax credit for enhanced efficiency equipment takes effect September 1, 2007; all other provisions take effect June 15, 2007.