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RULE §3.599Margin: Research and Development Activities Credit

  (2) The comptroller may require a taxable entity that claims a credit under this section to provide all data and information required for the comptroller to evaluate the credit and to comply with Tax Code, §151.3182(c).

(m) Amending reports.

  (1) If a report was originally due and filed after the effective date of this section and a credit allowed under this section was not claimed, a taxable entity may file an amended report within the statute of limitation to claim a credit, if the taxable entity or a member of its combined group does not have an active Registration Number for that period. See §3.584 of this title for information about filing an amended report.

  (2) If a taxable entity or member of the combined group has or had a Registration Number for a period it intends to claim a credit allowed under this section, the taxable entity or member of the combined group must submit a written request to cancel the registration before claiming a credit with the following information:

    (A) the tax period(s) covered by the report which it intends to claim a credit allowed under this section; and

    (B) a statement whether tax-exempt purchases were made. If tax-exempt purchases were made, include an original or amended sales and use tax report with tax due, penalty, and interest for the sales tax periods that cover the tax-exempt purchases.

  (3) If a report was filed claiming a credit allowed under this section and the taxable entity later decides to claim a sales and use tax exemption under Tax Code §151.3182, the taxable entity must:

    (A) file an amended report that does not claim the credit under this section and pay any tax, penalty, and interest due;

    (B) apply for a Registration Number; and

    (C) file a request for a sales and use tax refund for taxes paid on purchases under Tax Code, §151.3182.

Source Note: The provisions of this §3.599 adopted to be effective April 5, 2015, 40 TexReg 1858

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