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Texas Tax Code - Section 162.116. Information Required On Supplier's And Permissive Supplier's Return; Credits And Allowances

Legal Research Home > Texas Laws > Tax Code > Texas Tax Code - Section 162.116. Information Required On Supplier's And Permissive Supplier's Return; Credits And Allowances

§ 162.116. INFORMATION REQUIRED ON SUPPLIER'S AND 
PERMISSIVE SUPPLIER'S RETURN;  CREDITS AND ALLOWANCES.  (a) The 
monthly return and supplements of each supplier and permissive 
supplier shall contain for the period covered by the return:
		(1)  the number of net gallons of gasoline received by 
the supplier or permissive supplier during the month, sorted by 
product code, seller, point of origin, destination state, carrier, 
and receipt date;
		(2)  the number of net gallons of gasoline removed at a 
terminal rack during the month from the account of the supplier, 
sorted by product code, person receiving the gasoline, terminal 
code, and carrier;
		(3)  the number of net gallons of gasoline removed 
during the month for export, sorted by product code, person 
receiving the gasoline, terminal code, destination state, and 
carrier;
		(4)  the number of net gallons of gasoline removed 
during the month from a terminal located in another state for 
conveyance to this state, as indicated on the shipping document for 
the gasoline, sorted by product code, person receiving the 
gasoline, terminal code, and carrier;
		(5)  the number of net gallons of gasoline the supplier 
or permissive supplier sold during the month in transactions exempt 
under Section 162.104, sorted by product code, carrier, purchaser, 
and terminal code;
		(6)  the number of net gallons of gasoline sold in the 
bulk transfer/terminal system in this state to any person not 
holding a supplier's or permissive supplier's license;  and
		(7)  any other information required by the comptroller.                       
	(b)  A supplier or permissive supplier that timely pays the 
tax to this state may deduct from the amount of tax due a collection 
allowance equal to two percent of the amount of tax payable to this 
state.
	(c)  A supplier or permissive supplier may take a credit for 
any taxes that were not remitted in a previous period to the 
supplier or permissive supplier by a licensed distributor or 
licensed importer as required by Section 162.113.  The supplier or 
permissive supplier is eligible to take the credit if the 
comptroller is notified of the default within 60 days after the 
default occurs.  If a license holder pays to a supplier or 
permissive supplier the tax owed, but the payment occurs after the 
supplier or permissive supplier has taken a credit on its return, 
the supplier or permissive supplier shall remit the payment to the 
comptroller with the next monthly return after receipt of the tax, 
plus a penalty of 10 percent of the amount of unpaid taxes and 
interest at the rate provided by Section 111.060 beginning on the 
date the credit was taken.
	(d)  For purposes of Subsection (c), all payments or credits 
in reduction of a customer's account must be applied ratably 
between motor fuels and other goods sold to the customer, and the 
credit allowed will be the tax on the number of gallons represented 
by the motor fuel portion of the credit.

Added by Acts 2003, 78th Leg., ch. 199, § 1, eff. Jan. 1, 2004.            

Last modified: August 11, 2007