| (a) Voluntary electronic filing of returns and reports.
The comptroller may authorize a taxpayer to file any report or return
required to be filed with the comptroller under Tax Code, Title 2,
by means of electronic transmission under the following circumstances:
(1) the taxpayer or its authorized agent has registered
with the comptroller to use an approved reporting method, such as
WebFile, or the taxpayer is filing a return or report other than a
return showing a tax liability; and
(2) the method of electronic transmission of each return
or report complies with any requirements established by the comptroller
and is compatible with the comptroller's equipment and facilities.
(b) Required electronic transfer of certain payments
by certain taxpayers pursuant to Tax Code, §111.0625.
(1) Taxpayers who have paid the comptroller a total
of $100,000 or more in a single category of payments or taxes during
the preceding state fiscal year, and who the comptroller reasonably
anticipates will pay at least that amount during the current fiscal
year, shall transfer all payment amounts in that category of payments
or taxes during the subsequent calendar year to the comptroller using
the State of Texas Financial Network (TexNet), pursuant to Chapter
15 of this title (relating to Electronic Transfer of Certain Payments
to State Agencies).
(2) Taxpayers who paid at least $10,000, but less than
$100,000, in a single category of payments or taxes during the preceding
state fiscal year, and who the comptroller reasonably anticipates
will pay at least that amount during the current state fiscal year,
shall transfer all payments in that category of payments or taxes
to the comptroller by means of electronic funds transfer as set out
in subparagraph (C) of this paragraph.
(A) This paragraph applies only to:
(i) state and local sales and use taxes;
(ii) direct payment sales taxes;
(iii) gas severance taxes;
(iv) oil severance taxes;
(v) franchise taxes;
(vi) gasoline taxes;
(vii) diesel fuel taxes;
(viii) hotel occupancy taxes;
(ix) insurance premium taxes;
(x) mixed beverage gross receipts taxes; and
(xi) motor vehicle rental taxes.
(B) The comptroller may add or remove a category of
payments or taxes to or from this paragraph if the comptroller determines
that such action is necessary to protect the interests of the state
or of taxpayers.
(C) Payments under this paragraph shall be made by
those electronic funds transfer methods approved by the comptroller,
which include, but are not limited to, TexNet, electronic check (WebEFT),
and the electronic transmission of credit card information. The comptroller
may require payments in specific categories to be made by specific
methods of electronic funds transfer.
(D) A taxpayer required under this paragraph to use
electronic funds transfer who cannot comply due to hardship, impracticality,
or other valid reason may submit a written request to the comptroller
for a waiver of the requirement.
(c) Payment date for electronic transfer of funds.
(1) A taxpayer making payment using TexNet. Pursuant
to §15.33 of this title (relating to Determination of Settlement
Date), a person who enters payment information into TexNet may choose
either to accept the settlement date that TexNet offers or enter a
settlement date up to 30 days from the business day after payment
is submitted. TexNet will offer the business day following the day
on which payment information is entered into TexNet, provided that
the information is entered by 6:00 p.m. central time on any business
day.
(2) A taxpayer who files combined tax returns and makes
payments through the electronic data interchange (EDI) system must
submit the payment information to the comptroller by 2:30 p.m. central
time to meet the 6:00 p.m. central time requirement that is noted
in paragraph (1) of this subsection.
(3) A taxpayer who makes payment by an electronic funds
transfer method approved by the comptroller other than TexNet or the
EDI system must transmit payment information by 11:59 p.m. central
time on the date payment is due.
(d) The administrative rules found in Chapter 15 of
this title on electronic funds transfer under Government Code, §404.095
using TexNet apply to all such payments to the comptroller.
(e) Required electronic filing of certain reports by
certain taxpayers.
(1) Reports required by Tax Code, §111.0626.
(A) Pursuant to Tax Code, §111.0626(a), taxpayers
who are required to use electronic funds transfer for payments of
certain taxes must also file report data electronically, including
reports required by the International Fuel Tax Agreement. This requirement
applies to:
(i) state and local sales and use taxes;
(ii) direct payment sales taxes;
(iii) gas severance taxes;
(iv) oil severance taxes; and
(v) motor fuel taxes.
(B) Pursuant to Tax Code, §111.0626(b-1), for
reports due on or after September 1, 2008, taxpayers who paid $50,000
or more during the preceding fiscal year must file report data electronically.
A taxpayer filing a report electronically may use an application provided
by the comptroller, software provided by the comptroller, or commercially
available software that satisfies requirements prescribed by the comptroller.
This subparagraph only applies after issuance to the taxpayer of the
60 days notice required by subsection (f) of this section.
(2) Reports by brewers, manufacturers, wholesalers,
and distributors of alcoholic beverages required by Tax Code, Chapter
151, Subchapter I-1.
(A) For purposes of this paragraph, a "seller" means
a person who is a brewer, manufacturer, wholesaler, winery, distributor,
or package store local distributor, as described in Tax Code, §151.461(1)-(4)
and (6); and a "retailer" means a person who holds one or more of
the permits listed in Tax Code, §151.461(5).
(B) On or before the 25th day of each month, each seller
holding a comptroller-issued tax identification number must file a
report of alcoholic beverage sales to retailers in this state. The
report must be filed by a means of electronic transmission approved
by the comptroller. The report must contain the following information:
(i) each Texas Alcoholic Beverage Commission (TABC)
permit or license associated with the seller's comptroller-issued
tax identification number;
(ii) the TABC permit or license number for each seller
location from which a sale was made to a retailer during the preceding
calendar month;
(iii) the TABC permit or license number, comptroller-issued
tax identification number, and TABC trade name and physical address
(street name and number, city, state, and zip code) of each retail
location to which the seller sold alcoholic beverages during the preceding
calendar month;
(iv) the information required by Tax Code, §151.462(b)
regarding the seller's monthly sales to each retailer holding a separate
TABC permit or license, including:
(I) the individual container size of each product,
such as the individual bottle or can container size, sold to retailers;
(II) the brand name of the alcoholic beverage sold;
(III) the beverage class code for distilled spirits,
wine, beer, or malt beverage;
(IV) the Universal Product Code (UPC) of the alcoholic
beverage sold;
(V) the number of individual containers of alcoholic
beverages sold for each brand, UPC, and container size. Multi-unit
packages, such as cases, must be broken down into the number of individual
bottles or cans;
(VI) the total selling price of the containers sold;
and
(v) any other information deemed necessary by the comptroller
for the efficient administration of this subsection.
(C) If a person fails to file a report required by
subparagraph (B) of this paragraph, or fails to file a complete report,
the comptroller may:
(i) suspend or cancel one or more permits issued to
the person under Tax Code, §151.203;
(ii) impose a civil penalty under Tax Code, §151.703(d);
(iii) impose a criminal penalty under Tax Code, §151.709;
and/or
(iv) notify the TABC of the failure and the TABC may
take administrative action against the person for the failure under
the Alcoholic Beverage Code.
(D) In addition to the penalties imposed under subparagraph
(C) of this paragraph, if a person violates Tax Code, Chapter 151,
Subchapter I-1, or this paragraph, the comptroller shall collect from
the seller an additional civil penalty of not less than $25 or more
than $2,000 for each day the violation continues.
(E) The requirements of this paragraph apply to sales
occurring on or after September 1, 2011.
(F) The requirements of this paragraph do not apply
to:
(i) manufacturers whose annual production of beer in
Texas is greater than 75,000 barrels; or
(ii) brewers whose annual production of malt liquor
in Texas, combined with the annual production of beer produced by
a manufacturer at the same premises, is greater than 75,000 barrels.
(3) Reports by wholesalers and distributors of cigarettes.
Pursuant to Tax Code, §154.212, on or before the 25th day of
each month each wholesaler or distributor of cigarettes shall file
a report of sales to retailers in this state. The report must be filed
by a means of electronic transmission approved by the comptroller.
(A) The report must contain the following information
for the preceding calendar month's sales made to each retailer:
(i) the name of the retailer and the address, including
city and zip code, of the retailer's outlet location to which the
wholesaler or distributor delivered cigarettes;
(ii) the comptroller-assigned taxpayer number of the
retailer, if the wholesaler or distributor is in possession of the
number;
(iii) the cigarette permit number of the outlet location
to which the wholesaler or distributor delivered cigarettes;
(iv) the monthly net sales made to the retailer, including
the quantity and units of cigarettes in stamped packages sold to the
retailer and the price charged to the retailer; and
(v) any other information deemed necessary by the comptroller
for the efficient administration of this subsection.
(B) The requirements of this paragraph apply to sales
occurring on or after January 1, 2008.
(4) Reports by wholesalers and distributors of cigars
and tobacco products. Pursuant to Tax Code, §155.105, on or before
the 25th day of each month each wholesaler or distributor of cigars
or tobacco products shall file a report of sales to retailers in this
state. The report must be filed by a means of electronic transmission
approved by the comptroller.
(A) The report must contain the following information
for the preceding calendar month's sales made to each retailer:
(i) the name of the retailer and the address, including
the city and zip code, of the retailer's outlet location to which
the wholesaler or distributor delivered cigars or tobacco products;
(ii) the comptroller-assigned taxpayer number of the
retailer, if the wholesaler or distributor is in possession of the
number;
(iii) the tobacco permit number of the outlet location
to which the wholesaler or distributor delivered cigars or tobacco
products;
(iv) the monthly net sales made to the retailer, including
the quantity and units of cigars and tobacco products sold to the
retailer and the price charged to the retailer;
(v) the net weight as listed by the manufacturer for
each unit of tobacco products other than cigars; and
(vi) any other information deemed necessary by the
comptroller for the efficient administration of this subsection.
(B) The requirements of this paragraph apply to sales
occurring on or after January 1, 2008, with the exception of subparagraph
(A)(v) of this paragraph, which applies to sales occurring on or after
September 1, 2009.
(5) Except as provided by Tax Code, §111.006,
information contained in the reports required by paragraphs (2), (3),
and (4) of this subsection is confidential and not subject to disclosure
under Government Code, Chapter 552.
(6) The reports required by paragraphs (2), (3), and
(4) of this subsection are required in addition to any other reports
required by the comptroller.
(7) The reports required by paragraphs (2), (3), and
(4) of this subsection must be filed each month even if no sales were
made to retailers during the preceding month.
(f) Notification of affected persons. The comptroller
shall notify taxpayers who are affected by subsection (b) or (e)(1)
of this section no less than 60 days before the first required electronic
transmittal of report data or payment.
Cont'd... |
