(B) Sales and use tax returns filed electronically
must be completed and submitted by 11:59 p.m., central time, on the
due date to be considered timely.
(2) Due dates for payments made using an electronic
funds transfer method approved by the comptroller are provided at §3.9(c)
of this title.
(3) Extensions for persons located in an area designated
in a state of disaster or state of emergency declaration. The comptroller
may grant an extension of not more than 90 days to make or file a
sales and use tax return or pay sales and use tax that is due by a
person located in an area designated in an executive order or proclamation
issued by the governor declaring a state of disaster or state of emergency,
or an area that the president of the United States declares a major
disaster or emergency, if the comptroller finds the person to be a
victim of the disaster or emergency. The person owing the sales and
use tax may file a written request for an extension at any time before
the expiration of 90 days after the original due date. If an extension
is granted, interest on the unpaid tax does not begin to accrue until
the day after the day on which the extension expires, and penalties
are assessed and determined as though the last day of the extension
were the original due date.
(g) Reporting periods.
(1) Quarterly filers. Permit holders who have less
than $1,500 in state sales and use tax per quarter to report may file
sales and use tax returns quarterly. The quarterly reporting periods
end on March 31, June 30, September 30, and December 31.
(2) Yearly filers. Permit holders who have less than
$1,000 in state sales and use tax to report during a calendar year
may file yearly sales and use tax returns upon authorization from
the comptroller.
(A) Authorization to file sales and use tax returns
on a yearly basis is conditioned upon the correct and timely filing
of prior returns.
(B) Authorization to file sales and use tax returns
on a yearly basis will be denied if a permit holder's liability exceeded
$1,000 in the prior calendar year.
(C) A permit holder who files on a yearly basis without
authorization is liable for applicable penalty and interest on any
previously unreported quarter.
(D) Authority to file on a yearly basis is automatically
revoked if a permit holder's state sales and use tax liability is
greater than $1,000 during a calendar year. The permit holder must
file a sales and use tax return for that month or quarter, depending
on the amount, in which the sales and use tax payment or liability
is greater than $1,000. On that return, the permit holder must report
all sales and use taxes that are collected and all accrued liability
for the year, and must file monthly or quarterly, as appropriate,
thereafter for as long as the yearly sales and use tax liability is
greater than $1,000.
(E) Once each year, the comptroller reviews all accounts
to confirm yearly filing status and to authorize permit holders who
meet the filing requirements to file yearly sales and use tax returns.
(F) Yearly filers must report on a calendar year basis.
The sales and use tax return and payment are due on or before January
20 of the next calendar year.
(3) Monthly filers. Permit holders who have $1,500
or more in state sales and use tax per quarter to report must file
monthly sales and use tax returns except for permit holders who prepay
the sales and use tax as provided in subsection (h) of this section.
(4) Printers. A printer who is not required to collect
sales and use tax on the sale of printed materials because the transaction
meets the requirements of subsection (d)(4) of this section must file
a quarterly special use tax report, Form 01-157, Texas Special Use
Tax Report for Printers, its electronic equivalent, or any form promulgated
by the comptroller that succeeds such form, with the comptroller on
or before the last day of the month following the quarter. The report
must contain the name and address of each purchaser with the sales
price and date of each sale. The printer is still required to file
sales and use tax returns to report and remit sales and use taxes
that the printer collected from purchasers on transactions that do
not meet the requirements of subsection (d)(4) of this section.
(5) Local sales and use tax. Each permit holder who
is required to collect, report, and remit a city, county, special
purpose district, or metropolitan transit authority/city transit department
sales and use tax must report the amount subject to local sales and
use tax on the state sales and use tax return described in subsection
(e) of this section.
(6) State agencies. Sales and use taxes must be deposited
with the comptroller within the time period specified by law for deposit
of state funds. State agencies may file sales and use tax returns
through electronic reporting methods provided by the comptroller,
which allocates total sales and use tax deposits by state and local
taxing authority. State agencies that deposit sales and use taxes
according to Accounting Policy Statement Number 8 are not required
to file a separate sales and use tax return, but must manually allocate
total sales and use tax deposits by state and local taxing authority
and deposit those amounts in accordance with the policy. Paragraphs
(1) - (3) of this subsection do not apply to agencies following Accounting
Policy Statement Number 8, as a fully completed deposit request voucher
is deemed to be the sales and use tax return filed by these agencies.
(7) Refunds on exports. Sellers who refund sales tax
on exports based on customs broker certifications should refer to §3.360
of this title (relating to Customs Brokers).
(8) Direct payment permit holders. Yearly and quarterly
filing requirements, as discussed in this subsection, and prepayment
discounts and discounts for timely filing, as discussed in subsection
(h) of this section, do not apply to holders of direct payment permits.
See §3.288 of this title (relating to Direct Payment Procedures
and Qualifications).
(9) Non-permitted purchasers. A person who does not
hold a sales and use tax permit or a direct payment permit must pay
sales or use tax that is due on purchases of taxable items when the
sales or use tax is not collected by the seller. The sales or use
tax is to be remitted on comptroller Form 01-156, Texas Use Tax Return,
its electronic equivalent, or any form promulgated by the comptroller
that succeeds such form.
(A) A non-permitted purchaser who owes less than $1000
in sales and use tax on all purchases made during a calendar year
on which sales and use tax was not collected by the seller must file
the return on or before the 20th of January following the year in
which the purchases were made.
(B) A non-permitted purchaser who owes $1000 or more
in sales and use tax on all purchases made during a calendar year
on which sales and use tax was not collected by the seller must file
a return and remit sales and use taxes due on or before the 20th of
the month following the month when the $1000 threshold is reached
and thereafter file monthly returns and make sales and use tax payments
on all purchases on which sales and use tax is due.
(h) Discounts; prepayments; penalties and interest
relating to filing sales and use tax returns.
(1) Discounts. Unless otherwise provided by this section,
each permit holder may claim a discount for timely filing a sales
and use tax return and paying the taxes due as reimbursement for the
expense of collecting and remitting the sales and use tax. The discount
is equal to 0.5% of the amount of sales and use tax due and may be
claimed on the return for each reporting period and is computed on
the amount timely reported and paid with that return.
(2) Prepayments. Prepayments may be made by permit
holders who file monthly or quarterly sales and use tax returns. The
amount of the prepayment must be a reasonable estimate of the state
and local sales and use tax liability for the entire reporting period.
"Reasonable estimate" means at least 90% of the total amount due or
an amount equal to the actual net tax liability due and paid for the
same reporting period of the immediately preceding year.
(A) A permit holder who makes a timely prepayment based
upon a reasonable estimate of sales and use tax liability may retain
an additional discount of 1.25% of the amount due.
(B) The monthly prepayment is due on or before the
15th day of the month for which the prepayment is made.
(C) The quarterly prepayment is due on or before the
15th day of the second month of the quarter for which the sales and
use tax is due.
(D) A permit holder who makes a timely prepayment must
file a sales and use tax return showing the actual liability and remit
any amount due in excess of the prepayment on or before the 20th day
of the month that follows the quarter or month for which a prepayment
was made. If there is an additional amount due, the permit holder
may retain the 0.5% reimbursement on the additional amount due, provided
that both the sales and use tax return and the additional amount due
are timely filed. If the Cont'd... |