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TITLE 34PUBLIC FINANCE
PART 1COMPTROLLER OF PUBLIC ACCOUNTS
CHAPTER 3TAX ADMINISTRATION
SUBCHAPTER VFRANCHISE TAX
RULE §3.587Margin: Total Revenue

      (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.


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

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