Texas Tax Code
§ 151.304 — OCCASIONAL SALES
TX § 151.304Title 2. STATE TAXATION · Part E. SALES, EXCISE, AND USE TAXES · Ch. 151. LIMITED SALES, EXCISE, AND USE TAX · Art. H. EXEMPTIONS
Statute text
View on source(a)An occasional sale of a taxable item and the storage, use, or consumption of a taxable item the sale or transfer of which to a consumer is made by an occasional sale are exempted from the taxes imposed by this chapter.
(b)In this section, "occasional sale" means:
(1)one or two sales of taxable items, other than an amusement service, at retail during a 12-month period by a person who does not habitually engage, or hold himself out as engaging, in the business of selling taxable items at retail;
(2)the sale of the entire operating assets of a business or of a separate division, branch, or identifiable segment of a business;
(3)a transfer of all or substantially all the property used by a person in the course of an activity if after the transfer the real or ultimate ownership of the property is substantially similar to that which existed before the transfer;
(4)the sale of not more than 10 admissions for amusement services during a 12-month period by a person who does not hold himself out as engaging, or does not habitually engage, in providing amusement services; or
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Legislative history
Acts 2007, 80th Leg., R.S., Ch. 608 (H.B. 373), Sec. 1, eff. July 1, 2007. Acts 2021, 87th Leg., R.S., Ch. 569 (S.B. 477), Sec. 5, eff. October 1, 2021.