<<Prev Rule

Texas Administrative Code

Next Rule>>
TITLE 34PUBLIC FINANCE
PART 1COMPTROLLER OF PUBLIC ACCOUNTS
CHAPTER 3TAX ADMINISTRATION
SUBCHAPTER OSTATE AND LOCAL SALES AND USE TAXES
RULE §3.350Master Recordings and Broadcasts

      (v) a statement that no items were purchased tax-free under the exemption in this subsection during the period covered by the report, if applicable; or for each item purchased tax-free under this exemption the following information:

        (I) the name, address, and comptroller-issued taxpayer identification number of the seller;

        (II) the date of purchase;

        (III) the name or description of the item, or like items;

        (IV) the purpose or brief explanation of how the item, or like items, were, or are to be, used;

        (V) the sales price of the item;

        (VI) the lease or rental terms, if applicable; and

        (VII) the current location of the item.

    (B) Report periods. The initial report covers the time period from the date of certification of the qualified person and the related qualified media production location through August 31. For example, if the qualified person and the related qualified media production location received certification on April 1, the initial report period is April 1 through August 31. Subsequent reports cover the time period from September 1 through August 31 of the following year.

    (C) The report is due September 30 each year. If the due date falls on a Saturday, Sunday, or legal holiday, the report will be due the next business day.

(k) Exemption certificates. The exemptions under this section may be claimed by providing the seller with a properly completed exemption certificate at the time of purchase in lieu of paying sales and use tax. See §3.287 of this title (relating to Exemption Certificates).

(l) Divergent use.

  (1) When a taxable item purchased tax-free under a properly completed exemption certificate is used in a taxable manner, sales and use tax is due. The tax is calculated based on the fair market rental value of the tangible personal property for the period of time used in the taxable manner. See §3.287 of this title and Tax Code, §151.155 (Exemption Certificate).

  (2) Records must be maintained to document the taxable use of an item purchased tax-free, and the payment of sales and use tax due on such use.


Source Note: The provisions of this §3.350 adopted to be effective February 1, 2017, 42 TexReg 320

Previous Page

Link to Texas Secretary of State Home Page | link to Texas Register home page | link to Texas Administrative Code home page | link to Open Meetings home page