(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 for which 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. The written request must
contain the following information:
(A)the tax period(s) covered by the report for which
it intends to claim a credit allowed under this section; and
(B)a statement whether any 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 franchise tax 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.
The agency certifies that legal counsel
has reviewed the adoption and found it to be a valid exercise of the
agency's legal authority.
Filed with the Office
of the Secretary of State on October 4, 2021
TRD-202103916 William
Hamner
Special Counsel for Tax Administration
Comptroller of Public Accounts
Effective date: October 24, 2021
Proposal publication date: April 16, 2021
For further information, please call: (512) 475-2220
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