| (2) The purchase, lease, or rental of a taxable item
to an exempt organization listed in subsections (c) and (b)(4), (6),
(7), (8), or (9) of this section is exempt from tax when the organization
or an authorized agent pays for the taxable item and provides the
vendor with an exemption certificate in the form prescribed by the
comptroller.
(3) A purchase voucher issued by any one of the entities
identified in subsection (c) of this section is sufficient proof of
the entity's exempt status.
(4) An exemption certificate must be given to a vendor
when an authorized agent makes a cash purchase of merchandise for
an exempt organization.
(5) An employee of an exempt organization cannot claim
an exemption from tax when the employee purchases taxable items of
a personal nature even though the employee receives an allowance or
reimbursement from the organization.
(6) A person who travels on official business for an
exempt organization must pay sales tax on taxable purchases whether
reimbursed on a per diem basis or reimbursed for actual expenses incurred.
(7) Bingo equipment as defined by Occupations Code, §2001.002,
including machinery or devices used to select or hold letters or numbers,
electronic or mechanical cardminding devices, pull-tab dispensers,
bingo cards, balls, and other devices commonly used in the direct
operation of a bingo game, are exempt from sales and use taxes when
purchased, leased, or rented by an organization exempt under IRC, §501(c)(3),
(4), (8), (10), or (19), and exclusively used to conduct bingo games
authorized under Occupations Code, Chapter 2001. Commonly available
component parts of bingo equipment such as batteries, light bulbs,
and fuses do not qualify for this exemption.
(8) Refund claims and credits by organizations exempted
under Tax Code, §151.310.
(A) Qualifying organizations. The following organizations
are covered by the provisions of Tax Code, §151.310 and are subject
to the provisions of this paragraph:
(i) organizations created for religious, educational,
or charitable purposes;
(ii) organizations qualifying for an exemption from
federal income taxes under IRC, §501(c)(3), (4), (8), (10), or
(19);
(iii) nonprofit organizations engaged exclusively in
providing athletic competition among persons under 19 years old;
(iv) volunteer fire departments; and
(v) chambers of commerce or convention and tourist
promotional agencies representing at least one Texas city or county.
(B) Exemption effective dates.
(i) Organizations identified in subparagraph (A) of
this paragraph are not considered exempted from sales and use taxes
before the earlier of:
(I) the date the organization applied for exemption
with the comptroller as evidenced by the postmark date on the organization's
qualifying application for exemption as required under subsection
(e) of this section; or
(II) the date of assessment of the organization's tax
liability by the comptroller as a result of an audit.
(ii) With the exception of entities that qualify for
exemption under subsection (c) of this section, organizations' exemption
effective dates can be verified by using the comptroller's Texas Tax-Exempt
Entity Search located on the agency's Web site.
(C) Refund claims by organizations with exemption effective
dates prior to September 1, 2009. Organizations identified in subparagraph
(A) of this paragraph with an exemption effective date prior to September
1, 2009 may request a refund or credit for sales and use taxes paid
in error, retroactive to the effective date of the organization's
exemption or the four-year statute of limitations, whichever date
is more recent.
(D) Refund claims by organizations with exemption effective
dates on or after September 1, 2009. Organizations identified in subparagraph
(A) of this paragraph with an exemption effective date on or after
September 1, 2009 are not eligible to request a refund or credit for
sales or use tax paid between September 1, 2009 and the exemption
effective date. If the comptroller has determined the organization
with an exemption effective date on or after September 1, 2009, has
met the requirements for exemption from the sales tax under Tax Code, §151.310
for a period prior to September 1, 2009, the organization may request
a refund or credit for sales and use taxes paid in error on purchases
made between the earliest date the comptroller determined the organization
met the requirements for the exemption or the four-year statute of
limitations, whichever is more recent, and August 31, 2009.
(E) See §3.325 of this title (relating to Refunds
and Payments Under Protest) for more information about how to claim
a refund and §3.339 of this title (relating to Statute of Limitations).
(h) Sales by an exempt organization.
(1) An exempt organization that sells taxable items
must obtain a sales tax permit and is responsible for collection and
remittance of tax on all sales of taxable items that the organization
makes, unless otherwise provided by this subsection or unless such
sales are otherwise exempt from the tax. See §3.293 of this title
(relating to Food; Food Products; Meals; Food Service), §3.299
of this title (relating to Newspapers, Magazines, Publishers, Exempt
Writings), and §3.298 of this title (relating to Amusement Services).
(2) A religious, educational, charitable, or eleemosynary
organization, or an organization exempt under IRC, §501(c)(3),
(4), (8), (10), or (19), and each of its bona fide chapters, may have
two one-day tax-free sales or auctions each calendar year. During
a tax-free sale or auction lasting only one day, the organization
is not required to collect sales tax on the sales price of taxable
items sold for $5,000 or less. Additionally, a taxable item may be
sold tax-free during a one-day tax-free sale or auction regardless
of price if the item is manufactured by the organization or is donated
to the organization and is not sold to the donor.
(A) One day is a consecutive 24-hour period. If a designated
tax-free sale or auction exceeds a consecutive 24-hour period, the
organization or chapter may not hold another tax-free sale or auction
during that calendar year. An organization or chapter may hold the
two tax-free sales or auctions consecutively, but the two tax-free
sales or auctions by that organization or chapter cannot exceed a
maximum of 48 consecutive hours in a calendar year.
(B) The organization may employ an auctioneer to conduct
the sale or auction and pay the auctioneer a reasonable fee not to
exceed 20% of the gross receipts.
(C) If two or more exempt organizations or chapters
jointly hold a tax-free sale or auction, each is considered to have
held a tax-free sale or auction during that calendar year. Each exempt
organization that participates in a joint tax-free sale or auction
may hold one additional tax-free sale or auction during that calendar
year.
(D) An organization described by subsection (b)(11)
of this section and which is granted an exemption may hold 10 tax-free
sales or auctions during a calendar year.
(i) Each tax-free sale or auction may continue for
not more than 72 hours.
(ii) The storage, use, or consumption of a taxable
item that is acquired from a qualified organization at a tax-free
sale or auction and that is exempted from the sales tax under this
paragraph is exempted from the use tax until the item is resold or
subsequently transferred.
(iii) If an organization described by subsection (b)(11)
of this section and which is granted an exemption jointly holds a
tax-free sale or auction with one or more other exempt organizations,
the tax-free sale or auction is considered to be one of the organization's
10 tax-free sales or auctions during that calendar year.
(3) Fundraisers. Exempt entities engaged in fundraising
activities in conjunction with for-profit entities are not the sellers
of any taxable items and do not need to be permitted to collect and
remit tax on such sales. See §3.286 of this title (relating to
Seller's and Purchaser's Responsibilities).
(4) The sale of a taxable item is exempt from sales
and use tax if:
(A) the seller or retailer is a county fair association
or another nonprofit organization that is exempt from federal income
taxation under Internal Revenue Code of 1986, §501(a), by being
listed as an exempt organization in §501(c)(3) of that code;
(B) the sale takes place at a county fair operated
by a county fair association on property owned by the county; and
(C) the purchaser is a person attending or participating
in the fair.
(5) For the purposes of this subsection, the following
words and terms shall have the following meanings.
Cont'd... |
