|
|
|
|
AN ACT
|
|
relating to refunds of and credits for certain sales and use taxes. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Section 151.310, Tax Code, is amended by adding |
|
Subsection (f) to read as follows: |
|
(f) For purposes of obtaining a refund of or claiming a |
|
credit for taxes paid under this chapter on the basis of an |
|
exemption under this section, an organization is not considered |
|
exempted from the taxes imposed by this chapter before the earlier |
|
of: |
|
(1) the date the organization applied for the |
|
exemption with the comptroller; or |
|
(2) the date of assessment of the organization's tax |
|
liability by the comptroller as a result of an audit, as applicable. |
|
SECTION 2. Subchapter I, Chapter 151, Tax Code, is amended |
|
by adding Section 151.4261 to read as follows: |
|
Sec. 151.4261. CREDIT OR REIMBURSEMENT IN RETURN |
|
TRANSACTIONS. A seller is entitled to a credit or reimbursement |
|
equal to the amount of sales tax refunded to a purchaser when the |
|
purchaser receives a full or partial refund of the sales price of a |
|
returned taxable item. |
|
SECTION 3. The change in law made by this Act applies only |
|
to a refund of or credit for taxes that are paid on or after the |
|
effective date of this Act. A refund of or credit for taxes that are |
|
paid before the effective date of this Act is governed by the law in |
|
effect on the date the taxes were paid, and the former law is |
|
continued in effect for that purpose. |
|
SECTION 4. This Act takes effect September 1, 2009. |
|
|
|
|
|
|
|
|
______________________________ |
______________________________ |
|
President of the Senate |
Speaker of the House |
|
|
I hereby certify that S.B. No. 1199 passed the Senate on |
|
April 9, 2009, by the following vote: Yeas 31, Nays 0; and that |
|
the Senate concurred in House amendment on May 30, 2009, by the |
|
following vote: Yeas 31, Nays 0. |
|
|
|
|
______________________________ |
|
Secretary of the Senate |
|
|
I hereby certify that S.B. No. 1199 passed the House, with |
|
amendment, on May 27, 2009, by the following vote: Yeas 148, |
|
Nays 0, one present not voting. |
|
|
|
|
______________________________ |
|
Chief Clerk of the House |
|
|
|
|
|
Approved: |
|
|
|
______________________________ |
|
Date |
|
|
|
|
|
______________________________ |
|
Governor |