| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the applicability of the sales and use tax to certain |
|
|
insurance services. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 151.0039, Tax Code, is amended by |
|
|
amending Subsection (b) and adding Subsection (c) to read as |
|
|
follows: |
|
|
(b) "Insurance service" does not include: |
|
|
(1) insurance coverage for which a premium is paid or |
|
|
commissions paid to insurance agents for the sale of insurance or |
|
|
annuities; [or] |
|
|
(2) a service performed on behalf of an insured by a |
|
|
person licensed under Chapter 4102, Insurance Code; |
|
|
(3) a service performed by a certified public |
|
|
accountancy firm, if less than one percent of the firm's total |
|
|
revenue in the prior calendar year is from services in this state |
|
|
that would otherwise constitute insurance service under Subsection |
|
|
(a); or |
|
|
(4) a service performed on behalf of a certified |
|
|
public accountancy firm by an owner of the firm or a member of the |
|
|
firm's affiliated group, if less than one percent of the owner's or |
|
|
member's total revenue in the prior calendar year is from services |
|
|
in this state that would otherwise constitute insurance service |
|
|
under Subsection (a). |
|
|
(c) In this section: |
|
|
(1) "Affiliated group" has the meaning assigned by |
|
|
Section 171.0001. |
|
|
(2) "Certified public accountancy firm" has the |
|
|
meaning assigned by Section 901.002, Occupations Code. |
|
|
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 January 1, 2018. |