Texas Tax Code

§ 152.048 — GROSS RECEIPTS PRESUMED SUBJECT TO TAX

TX § 152.048Title 2. STATE TAXATION · Part E. SALES, EXCISE, AND USE TAXES · Ch. 152. TAXES ON SALE, RENTAL, AND USE OF MOTOR VEHICLES · Art. C. COLLECTION OF TAXES

Statute text

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(a)All gross receipts of a seller required to obtain a permit under Section 152.065 are presumed to be subject to the provisions of this code.

(b)The presumption provided by Subsection (a) does not apply to receipts:

(1)on which a tax imposed under other law is computed and paid to the comptroller; or

(2)for which a properly completed resale or exemption certificate is accepted by the seller.

(c)The seller may overcome the presumption under Subsection (a) by credible evidence that the receipts are not from a seller-financed sale or that the tax on those receipts has been sent to the comptroller.

Legislative history

Added by Acts 1993, 73rd Leg., ch. 29, Sec. 4, eff. Oct. 1, 1993.