| (1) Permit cancellation due to abandonment. Any holder
of a sales and use tax permit who reported no business activity in
the previous calendar year is deemed to have abandoned the sales and
use tax permit, and the comptroller may cancel the sales and use tax
permit. "No business activity" means zero total sales, zero taxable
sales, and zero taxable purchases.
(2) Re-application. If a sales and use tax permit is
cancelled, the person may reapply and obtain a new sales and use tax
permit upon request, provided the issuance is not prohibited by subsection
(m) of this section, or by Tax Code, §111.0046.
(o) Liability related to acquisition of a business
or assets of a business. Tax Code, §111.020 (Tax Collection on
Termination of Business) and §111.024 (Liability in Fraudulent
Transfers), provides that the comptroller may impose a tax liability
on a person who acquires a business or the assets of a business. See §3.7
of this title (relating to Successor Liability: Liability Incurred
by Purchase of a Business).
(p) Criminal penalties. Tax Code, Chapter 151, imposes
criminal penalties for certain prohibited activities or for failure
to comply with certain provisions under the law. See §3.305 of
this title (relating to Criminal Offenses and Penalties).
|Source Note: The provisions of this §3.286 adopted to be effective December 12, 1996, 21 TexReg 11800; amended to be effective September 25, 2002, 27 TexReg 8952; amended to be effective April 13, 2005, 30 TexReg 2078; amended to be effective December 2, 2007, 32 TexReg 8521; amended to be effective July 11, 2010, 35 TexReg 6085; amended to be effective June 3, 2015, 40 TexReg 3183; amended to be effective August 14, 2016, 41 TexReg 5762; amended to be effective January 1, 2019, 43 TexReg 8133; amended to be effective January 1, 2020, 44 TexReg 8317