Bill Text: TX HB1169 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to an exemption from the sales tax for certain items sold by small businesses in this state during a limited period.
Spectrum: Slight Partisan Bill (Republican 9-4)
Status: (Introduced - Dead) 2017-03-08 - Left pending in committee [HB1169 Detail]
Download: Texas-2017-HB1169-Introduced.html
| 85R4578 CJC-D | ||
| By: Button | H.B. No. 1169 | |
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| relating to an exemption from the sales tax for certain items sold | ||
| by small businesses in this state during a limited period. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subchapter H, Chapter 151, Tax Code, is amended | ||
| by adding Section 151.363 to read as follows: | ||
| Sec. 151.363. ITEMS SOLD BY CERTAIN BUSINESSES IN THIS | ||
| STATE DURING SMALL BUSINESS SATURDAY. (a) For purposes of this | ||
| section, a retailer is considered a small business for a particular | ||
| year only if: | ||
| (1) each place of business of the retailer is in this | ||
| state; and | ||
| (2) the retailer collected during the 12-month period | ||
| ending June 30 of that year and remitted to the comptroller a total | ||
| of not more than $312,500 in taxes imposed under this chapter from | ||
| all of the retailer's places of business in this state. | ||
| (b) Notwithstanding Subsection (a)(2), if a retailer has | ||
| been engaged in business in this state for less than 12 months, the | ||
| retailer is considered a small business for a particular year if the | ||
| retailer collected during the period beginning on the date the | ||
| retailer first became engaged in business in this state and ending | ||
| on June 30 and remitted to the comptroller an average of not more | ||
| than $26,042 per calendar month in taxes imposed under this chapter | ||
| from all of the retailer's places of business in this state. | ||
| (c) The sale of tangible personal property by a retailer | ||
| that is a small business is exempted from the taxes imposed by this | ||
| chapter if: | ||
| (1) the sales price of the article is not more than | ||
| $5,000; and | ||
| (2) the tangible personal property is sold during a | ||
| period beginning at 12:01 a.m. on the first Saturday after | ||
| Thanksgiving and ending at 11:59 p.m. on that day. | ||
| SECTION 2. The change in law made by this Act does not | ||
| affect tax liability accruing before the effective date of this | ||
| Act. That liability continues in effect as if this Act had not been | ||
| enacted, and the former law is continued in effect for the | ||
| collection of taxes due and for civil and criminal enforcement of | ||
| the liability for those taxes. | ||
| SECTION 3. This Act takes effect September 1, 2017. | ||
