Texas Tax Code - Section 113.104. Preferential Transfers
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Texas Laws > Tax Code > Texas Tax Code - Section 113.104. Preferential Transfers
Section: 113.008 113.009 113.010 113.011 113.101 113.102 113.103 113.104 113.105 113.106 113.107 141.001 141.002 141.003 141.005
§ 113.104. PREFERENTIAL TRANSFERS. (a) The comptroller
may recover in a suit brought in Travis County by the attorney
general the property or the value of property transferred in a
(b) The transfer of property or an interest in property by a
person who at the time of the transfer is insolvent and has received
or withheld money as a tax under this title or who is delinquent in
the payment of a tax imposed by this title is a preferential
transfer if the transfer occurred during the six-month period
before the date of the filing of a tax lien notice against the
transferor as permitted by this chapter and if the transfer is made
with intent to defraud the state. The transfer of the property or
the interest in property without adequate and sufficient
consideration creates a rebuttable presumption that the transfer
was made with intent to defraud the state. A transfer with
sufficient consideration creates a rebuttable presumption that the
transfer was not made with intent to defraud the state.
(c) All property subject to execution of a transferee in a
preferential transfer is subject to a prior lien in favor of the
state to secure the recovery of the value of the property
transferred in a preferential transfer.
(d) The remedies provided by this section are cumulative of
other remedies of the comptroller as a creditor.
Acts 1981, 67th Leg., p. 1520, ch. 389, § 1, eff. Jan. 1, 1982.
Last modified: August 11, 2007