| (1) A record of all alcohol and alcoholic beverages
purchased or received showing the date, the name and address of the
person from whom purchased or received, the location from where shipped,
the location received, the quantity and kind of beverage (brand and
class) received, and the total price paid for each brand and class
received.
(2) Alcoholic beverages used in mixing drinks as the
secondary ingredient (e.g., vermouth, triple sec) must be supported
by purchase invoices which have such beverages clearly denoted by
the purchaser.
(n) Bad debts refund or credit.
(1) A permittee may take a credit against taxes to
be paid to the comptroller or claim a refund on taxes paid to the
comptroller for bad debt on sales.
(2) To establish bad debt credit or refund, a permittee's
records must show:
(A) date of sale or service;
(B) name and address of purchaser;
(C) source records of sale or service;
(D) evidence that the gross receipts tax was paid to
the comptroller;
(E) all payments or credits applied to the account
of the purchaser;
(F) a designation that the account is a bad debt; and
(G) evidence that the account has been or will be claimed
as a bad debt deduction for federal income tax purposes.
(3) To determine the amount of bad debt allowance for
tax, all payments or credits in reduction of a customer's account
must be applied ratably between alcoholic beverages and other goods
sold to that customer.
(4) If all or part of the amount claimed as a bad debt
is later collected, the amount collected must be reported as a taxable
receipt in the reporting period in which the collection was made.
(5) Accounts may not be labeled as a bad debt for the
purpose of delaying the payment of the mixed beverage gross receipts
tax.
(o) Audit and examination of tax account.
(1) Determination of tax liability. In examining the
tax account of any permittee, the comptroller may compute and determine
the amount of gross receipts tax liability based on reports filed
with the comptroller, records or information obtained from the permittee,
records or information obtained from any seller who furnished alcoholic
beverages to the permittee, or such other information as may come
to the attention of the comptroller. The comptroller presumes that
the disposition of all alcoholic beverages purchased by the permittee
is taxable until established otherwise.
(2) Access to all information. The comptroller may
examine all books, records, papers, documents, supplies, and equipment
of a permittee. Additional records that may be required to be presented
include, but are not limited to, the following:
(A) all procedure and operation manuals;
(B) all financial ledgers, journals, and registers;
(C) all financial statements prepared internally or
by an outside bookkeeper, accountant, or certified public accountant;
(D) all bank statements;
(E) all federal income tax returns; and
(F) all state and federal employment tax returns and
supporting documents.
(3) Failure to maintain or make records available for
audit. In examining the tax account of each permittee, if the comptroller
finds that the permittee has failed to maintain or make available
the records required by any regulation of the comptroller, the comptroller
may compute and determine the amount of the gross receipts tax liability
from any available source or records, and estimates of the tax liability
may be made by use of any available records for any period for which
the permittee has failed to maintain records or file a report with
the comptroller. In the event records are not made available, the
comptroller will presume all alcohol purchased was sold. In the absence
of records or evidence to the contrary, the comptroller may accept
an average pour figure of 1.25 ounces per serving of liquor.
|
| Source Note: The provisions of this §3.1001 adopted to be effective April 3, 1996, 21 TexReg 2475; amended to be effective December 13, 1999, 24 TexReg 11122; amended to be effective October 6, 2008, 33 TexReg 8398; amended to be effective April 28, 2015, 40 TexReg 2276 |
