Bill Text: TX HB4743 | 2023-2024 | 88th Legislature | Introduced


Bill Title: Relating to imposing a tax on certain out-of-state money transmissions.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2023-03-22 - Referred to Ways & Means [HB4743 Detail]

Download: Texas-2023-HB4743-Introduced.html
  88R10327 SRA-D
 
  By: Tinderholt H.B. No. 4743
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to imposing a tax on certain out-of-state money
  transmissions.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subtitle E, Title 2, Tax Code, is amended by
  adding Chapter 164 to read as follows:
  CHAPTER 164. TAX ON CERTAIN OUT-OF-STATE MONEY TRANSMISSIONS
  SUBCHAPTER A. GENERAL PROVISIONS
         Sec. 164.0001.  DEFINITIONS. In this chapter:
               (1)  "Money transmission" has the meaning assigned by
  Section 151.301, Finance Code.
               (2)  "Money transmission business" means a person
  required to be licensed under Subchapter D, Chapter 151, Finance
  Code.
         Sec. 164.0002.  APPLICATION OF OTHER PROVISIONS OF CODE.
  Except as provided by this chapter:
               (1)  the tax imposed by this chapter is administered,
  imposed, collected, and enforced in the same manner as the tax under
  Chapter 151 is administered, imposed, collected, and enforced; and
               (2)  the provisions of Chapter 151 applicable to the
  sales tax imposed under Subchapter C, Chapter 151, apply to the tax
  imposed by this chapter.
  SUBCHAPTER B. IMPOSITION, AMOUNT, AND COLLECTION OF TAX
         Sec. 164.0021.  TAX IMPOSED. (a) A tax is imposed on each
  money transmission out of this state to a foreign country that is
  facilitated by a money transmission business.
         (b)  The amount of the tax shall be added by the money
  transmission business to the price charged to the person initiating
  the money transmission.
         Sec. 164.0022.  AMOUNT OF TAX. The amount of the tax is
  equal to 10 percent of the amount of the money transmission.
         Sec. 164.0023.  COLLECTION AND REMITTANCE OF TAX. On or
  before the 25th day of each month, each money transmission business
  that initiated at least one money transmission subject to the tax
  imposed by this chapter during the preceding month shall send to the
  comptroller the amount of tax collected by the business during that
  month.
         Sec. 164.0024.  REPORTS. On or before the 25th day of each
  month, each money transmission business that initiated at least one
  money transmission subject to the tax imposed by this chapter
  during the preceding month shall file with the comptroller a report
  stating:
               (1)  the total amount of money transmitted during the
  preceding month that is subject to the tax imposed under this
  chapter; and
               (2)  any other information the comptroller finds is
  necessary to determine the amount of tax the money transmission
  business is required to collect during the period covered by the
  report.
         Sec. 164.0025.  RECORDS. Each money transmission business
  required to collect the tax imposed by this chapter shall keep a
  complete record of:
               (1)  the total amount of money transmitted by the
  business that is subject to the tax imposed under this chapter; and
               (2)  any other information required by the comptroller
  related to the tax imposed under this chapter.
  SUBCHAPTER C. DISPOSITION OF PROCEEDS
         Sec. 164.0051.  DISPOSITION OF PROCEEDS. The comptroller
  shall deposit the proceeds from the collection of the tax imposed
  under this chapter to the credit of the general revenue fund.
         SECTION 2.  This Act takes effect September 1, 2023.
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