| (a) Definitions. The following words and terms, when
used in this section, shall have the following meanings, unless the
context clearly indicates otherwise.
(1) Clothing or footwear--An article of apparel that
the article manufacturer designs for wear on or about the human body.
Except as provided under paragraph (3) of this subsection, for the
purposes of this section, the term does not include accessories, such
as jewelry, handbags, purses, briefcases, luggage, wallets, watches,
and similar items that are carried on or about the human body, without
regard to whether the item is worn on the body in a manner that is
characteristic of clothing.
(2) Eligible item--For the purposes of this section,
an article of clothing or footwear, a school backpack, or school supplies
that are eligible for the sales tax exemption established under Tax
Code, §151.326 and §151.327.
(3) School backpack--A pack with straps that one wears
on the back, including a backpack with wheels (provided it may also
be worn on the back like a traditional backpack) or a messenger bag,
that is purchased for use by a student in a public or private elementary
or secondary school. The term does not include an item that is commonly
considered luggage, a briefcase, an athletic bag, a duffle bag, a
gym bag, a computer bag, or a framed backpack.
(4) School supply--The term "school supply" has the
meaning assigned by the Streamlined Sales and Use Tax Agreement adopted
November 12, 2002, including all amendments made to the Agreement
on or before December 14, 2006. The items set out in the following
all-inclusive list are school supplies for the purpose of this exemption:
binders, book bags, calculators, cellophane tape, blackboard chalk,
compasses, composition books, crayons, erasers, expandable folders,
pocket folders, plastic folders, manila folders, glue, paste, paste
sticks, highlighters, index cards, index card boxes, legal pads, lunch
boxes, markers, notebooks, loose leaf ruled notebook paper, copy paper,
graph paper, tracing paper, manila paper, colored paper, poster board,
construction paper, pencil boxes and other school supply boxes, pencil
sharpeners, pencils, pens, protractors, rulers, scissors, and writing
tablets. School supply items not on this list, for example, computers
and textbooks, are not eligible for the exemption.
(b) Exempt sales.
(1) Sales or use tax is not due on the sale of an eligible
item if:
(A) the sales price of the eligible item is less than
$100; and
(B) the sale takes place during the period that begins
at 12:01 a.m. on the Friday before the fifteenth day preceding the
fourth Monday in August, and ends at 12:00 a.m. (midnight) on the
following Sunday.
(i) Using 2013 as an example, the fourth Monday in
August falls on August 26. The fifteenth day preceding August 26 is
Sunday, August 11th. The Friday before August 11 is August 9. The
sales tax holiday will begin at 12:01 a.m. on Friday, August 9 and
end at 12:00 a.m. (midnight) on Sunday, August 11.
(ii) In 2014, the sales tax holiday will begin at 12:01
a.m. on Friday, August 8 and end at 12:00 a.m. (midnight) on Sunday,
August 10.
(iii) In 2015, the sales tax holiday will begin at
12:01 a.m. on Friday, August 7 and end at 12:00 a.m. (midnight) on
Sunday, August 9.
(2) The exemption applies to each eligible item that
sells for less than $100, regardless of how many items are sold on
the same invoice to a customer. For example, if a customer purchases
two shirts for $80 each, then both items qualify for the exemption,
even though the customer's total purchase price ($160) exceeds $99.99.
(3) The exemption does not apply to the first $99.99
of an otherwise eligible item that sells for more than $99.99. For
example, if a customer purchases a pair of pants that costs $110,
then sales tax is due on the entire $110.
(c) Taxable sales. The exemption under this section
does not apply to:
(1) any special clothing or footwear that the manufacturer
primarily designed for athletic activity or protective use and that
is not normally worn except when used for the athletic activity or
protective use for which the manufacturer designed the article. For
example, golf cleats and football pads are primarily designed for
athletic activity or protective use and are not normally worn except
when used for those purposes; therefore, they do not qualify for the
exemption. However, tennis shoes, jogging suits, and swimsuits are
commonly worn for purposes other than athletic activity and thus qualify
for the exemption;
(2) accessories, such as jewelry, handbags, purses,
briefcases, luggage, athletic bags, duffle bags, gym bags, computer
bags, framed backpacks, umbrellas, wallets, watches, and similar items
that are carried on or about the human body, without regard to whether
the item is worn on the body in a manner that is characteristic of
clothing;
(3) school supplies and backpacks that are not purchased
for use by elementary or secondary school students;
(4) school supplies not listed in subsection (a)(4)
of this section;
(5) the rental of clothing or footwear. For example,
the exemption under this section does not apply to the rental of formal
wear, costumes, uniforms, diapers, or bowling shoes;
(6) taxable services that are performed on clothing
or footwear, such as repair, remodeling, alterations, or maintenance
services, and cleaning or laundry services. For example, a customer
purchases a pair of pants for $90 and pays $15 to have the pants cuffed,
then the $90 charge for the pants is exempt, but tax is due on the
$15 alterations charge; and
(7) purchases of items that are used to make or repair
eligible items, including fabric, thread, yarn, buttons, snaps, hooks,
and zippers.
(d) Articles normally sold as a unit. Articles that
are normally sold as a unit must continue to be sold in that manner;
they cannot be priced separately and sold as individual items in order
to obtain the exemption. For example, if a pair of shoes sells for
$150, then the pair cannot be split in order to sell each shoe for
$75 to qualify for the exemption. If a suit is normally priced at
$225 on a single price tag, the suit cannot be split into separate
articles so that any of the components may be sold for less than $100
in order to qualify for the exemption. However, components that are
normally priced as separate articles may continue to be sold as separate
articles and qualify for the exemption if the price of an article
is less than $100.
(e) Sales of pre-packaged combinations containing both
exempt and taxable items.
(1) When an eligible item is sold together with taxable
merchandise in a pre-packaged combination or single unit and the predominant
cost of the set or unit is taxable, then the full price is subject
to sales tax unless the price of the eligible item is separately stated.
For example, if a boxed gift set that consists of a French-cuff dress
shirt, cufflinks, and a tie tack is sold for a single price of $95,
the full price of the boxed gift set is taxable if the cufflinks and
tie tack are the predominant cost and the price of the shirt and tie
are not separately stated.
(2) When an eligible item is sold in a pre-packaged
combination that also contains taxable merchandise as a free gift
and no additional charge is made for the gift, the eligible item may
qualify for the exemption under this section. For example, a boxed
set may contain a tie and a free tie tack. If the price of the set
is the same as the price of the tie sold separately, the item that
is being sold is the tie, which is exempt from tax if the tie is sold
for less than $100 during the exemption period. Note: When a retailer
gives an item away free of charge, the retailer owes sales or use
tax on the purchase price that the retailer paid for the item.
(f) Discounts and coupons.
(1) A retailer may offer discounts to reduce the sales
price of an item. If the discount reduces the sales price of an item
to $99.99 or less, the item may qualify for the exemption under this
section. For example, a customer buys a $150 dress and a $100 blouse
from a retailer who offers a 10% discount. After application of the
10% discount, the final sales price of the dress is $135, and the
blouse is $90. The dress is taxable (its price is over $99.99), and
the blouse is exempt (its price is less than $100.00).
(2) When retailers accept coupons as a part of the
sales price of any taxable item, the value of the coupon is excludable
from the tax as a cash discount, regardless of whether the retailer
is reimbursed for the amount that the coupon represents. Therefore,
a coupon can be used to reduce the sales price of an item to $99.99
or less in order to qualify for the exemption under this section.
For example, if a customer purchases a pair of shoes priced at $110
with a coupon worth $20, the final sales price of the shoes is $90,
and the shoes qualify for the exemption.
Cont'd... |
