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RULE §3.94Filing Reports

(a) Definition of place of sale. Place of sale means the county in which the application for certificate of title is filed.

(b) Monthly filing. The motor vehicle sales taxes on amounts received on seller-financed sales and rentals are due and payable on or before the 20th day of the month following the end of each calendar month. Returns must be filed on a monthly basis unless a taxpayer qualifies as a quarterly filer or prepays tax on a quarterly basis. See subsections (c) and (d)(3) of this section.

(c) Quarterly filing. A taxpayer who owes less than $1,500 in tax for any calendar quarter is required to file a return and pay the tax on or before the 20th day of the month following the end of the calendar quarter.

(d) Filing the return.

  (1) The return for each reporting period must reflect the total receipts and taxable receipts for each county in which sales occurred. The 0.5% discount for timely filing and payment may be claimed on the return for each reporting period and computed on the amount timely reported and paid with that return.

  (2) The comptroller will make forms available to all persons required to file returns. The failure of a taxpayer to obtain the forms will not relieve the taxpayer from the requirement to file and remit the tax timely.

  (3) Prepayments may be made by taxpayers who file monthly or quarterly returns. The amount of the prepayment must be a reasonable estimate of the state and local tax liability for the entire reporting period. "Reasonable estimate" means at least 90% of the total amount due or an amount equal to the actual net tax liability due and paid for the same reporting period of the immediately preceding year.

    (A) The monthly prepayment is due on or before the 15th day of the month for which the prepayment is made. Prepayments earn an additional 1.25% discount.

    (B) The quarterly prepayment is due on or before the 15th day of the second month of the quarter for which the tax is due. Prepayments earn an additional 1.25% discount each quarter.

  (4) A remittance that is less than a reasonable estimate as required by paragraph (3) of this subsection will not be regarded as a prepayment. The 1.25% discount will not be allowed. If the taxpayer owes more than $1,500 in a calendar quarter, the taxpayer will be regarded as a monthly filer. All monthly reports not filed because of the invalid prepayment will be subject to late filing penalty and interest.

  (5) Filing late payments or filing late returns will cause all discounts to be disallowed and penalties for late filing or payment will be imposed. Reports filed late will result in disallowance of the prepayment discount.

Source Note: The provisions of this §3.94 adopted to be effective May 3, 1994, 19 TexReg 2959.

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