Bill Text: TX HB2256 | 2019-2020 | 86th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to procedures for tax auditing, determining amounts of overpayments, and obtaining reimbursements of overpayments of gas production taxes.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2019-06-14 - Effective on 9/1/19 [HB2256 Detail]
Download: Texas-2019-HB2256-Introduced.html
Bill Title: Relating to procedures for tax auditing, determining amounts of overpayments, and obtaining reimbursements of overpayments of gas production taxes.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2019-06-14 - Effective on 9/1/19 [HB2256 Detail]
Download: Texas-2019-HB2256-Introduced.html
86R6322 SMT-F | ||
By: Sanford | H.B. No. 2256 |
|
||
|
||
relating to procedures for tax auditing and determining amounts of | ||
overpayments of gas production taxes. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 201.001, Tax Code, is amended by adding | ||
Subdivision (7-a) to read as follows: | ||
(7-a) "Selected marketing cost sampling" means the | ||
use of a sample of marketing transactions to determine the | ||
percentage of gross receipts attributable to marketing costs. | ||
SECTION 2. Subchapter E, Chapter 201, Tax Code, is amended | ||
by adding Section 201.207 to read as follows: | ||
Sec. 201.207. DETERMINATION OF OVERPAID AMOUNTS. (a) This | ||
section applies to the tax paid under this chapter by a person who | ||
filed a report under Section 201.203 or 201.2035 and remitted tax in | ||
error to this state. | ||
(b) A person to whom this section applies may compute the | ||
amount of overpayment by use of selected marketing cost sampling. | ||
The sampling method used must comply with generally accepted | ||
sampling methods described by Statement on Auditing Standards No. | ||
39, "Audit Sampling," and be approved by the comptroller. | ||
(c) The person may obtain reimbursement for amounts | ||
determined to have been overpaid by taking a credit on one or more | ||
reports filed under Section 201.203 or 201.2035 or by filing a claim | ||
for refund with the comptroller within the limitation period | ||
specified by Subchapter D, Chapter 111. | ||
(d) The person must record the method by which the | ||
computation is performed and must make available on request by the | ||
comptroller the records on which the computation is based. | ||
(e) The comptroller may adopt rules specifying additional | ||
procedures that must be followed in connection with claiming a | ||
credit under this section. | ||
SECTION 3. Subchapter G, Chapter 201, Tax Code, is amended | ||
by adding Section 201.3021 to read as follows: | ||
Sec. 201.3021. MANAGED AUDITS. (a) In this section, | ||
"managed audit" means a review and analysis of invoices, checks, | ||
accounting records, or other documents or information conducted by | ||
a taxpayer to determine a taxpayer's liability for tax under this | ||
chapter. | ||
(b) The comptroller may, in a written agreement, authorize a | ||
taxpayer to conduct a managed audit under this section. The | ||
agreement must: | ||
(1) be signed by an authorized representative of the | ||
comptroller and the taxpayer; and | ||
(2) specify the period to be audited and the procedure | ||
to be followed. | ||
(c) The decision to authorize or not authorize a managed | ||
audit rests solely with the comptroller. | ||
(d) The comptroller may examine records and perform reviews | ||
that the comptroller determines are necessary before the audit is | ||
finalized to verify the results of the audit. | ||
(e) Unless the audit or information reviewed by the | ||
comptroller under Subsection (d) discloses fraud or wilful evasion | ||
of the tax, the comptroller may not assess a penalty and may waive | ||
all or part of the interest that would otherwise accrue on any | ||
amount identified to be due in a managed audit. This subsection does | ||
not apply to any amount collected by the taxpayer that was a tax or | ||
represented to be a tax but that was not remitted to this state. | ||
(f) Except as provided by Section 111.104(f), the taxpayer | ||
is entitled to a refund of any tax overpayment disclosed by a | ||
managed audit under this section. | ||
(g) The comptroller may authorize the use of selected | ||
marketing cost sampling in a managed audit under this section if: | ||
(1) the comptroller approves the selection of | ||
marketing transactions to be used in the sample; and | ||
(2) the sampling method complies with generally | ||
accepted sampling methods described by Statement on Auditing | ||
Standards No. 39, "Audit Sampling." | ||
SECTION 4. 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 5. This Act takes effect September 1, 2019. |