(iv) from a third-party agent or administrator for
revenue earned under clauses (i) - (iii) of this subparagraph; and
(B) the actual costs, regardless of whether it was
included in the calculation of total revenue under subsection (d)(1)
- (6) of this section, of uncompensated care provided, but only if
the provider maintains records of the uncompensated care for auditing
purposes and, if the provider later receives payment for all or part
of that care, the provider adjusts the amount excluded for the tax
year in which the payment is received.
(11) Health care institution. A health care provider
that is a health care institution shall exclude 50% of the exclusion
described in paragraph (10) of this subsection.
(12) Federal government and armed forces. A taxable
entity shall exclude all revenue received that is directly derived
from the operation of a facility that is:
(A) located on property owned or leased by the federal
government; and
(B) managed or operated primarily to house members
of the armed forces of the United States.
(13) Oil and gas. During the dates, certified by the
comptroller, in which the monthly average closing price of West Texas
Intermediate crude oil is below $40 per barrel and the average closing
price of gas is below $5 per MMBtu, as recorded on the New York Mercantile
Exchange (NYMEX), a taxable entity shall exclude total revenue received
from oil or gas produced from:
(A) an oil well designated by the Railroad Commission
of Texas or similar authority of another state whose production averages
less than 10 barrels a day over a 90-day period; and
(B) a gas well designated by the Railroad Commission
of Texas or similar authority of another state whose production averages
less than 250 mcf a day over a 90-day period.
(14) Qualified destination management company. Effective
for reports originally due on or after January 1, 2010, a taxable
entity that is a qualified destination management company as defined
by Tax Code, §151.0565 shall exclude from its total revenue payments
made to other entities or persons to provide services, labor, or materials
in connection with the provision of destination management services
as defined in Tax Code, §151.0565.
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Source Note: The provisions of this §3.587 adopted to be effective January 1, 2008, 32 TexReg 10028; amended to be effective January 1, 2009, 33 TexReg 10503; amended to be effective December 31, 2009, 34 TexReg 9470; amended to be effective September 30, 2012, 37 TexReg 7487 |