Texas Tax Changes - November 2024
Week Of 11.04.2024
The Texas Comptroller of Public Accounts has amended mixed beverage gross receipts tax and mixed beverage sales tax rules to conform to 2021 legislation relating to the pickup and delivery of alcoholic beverages for off-premises consumption.
The definition of "permittee" has been updated and the distinction between ale, beer, or malt liquor has been eliminated, now referred to as a malt beverage. The amendments also add average pour figures for malt beverages and wine in the absence of records or evidence during an audit. The Texas Comptroller is also mailing notices of forfeiture of the right to transact business to entities who have not satisfied their franchise tax filing and/or payment requirements. If an entity's right to transact business is not revived before February 18, 2025, the entity's registration with the Secretary of State will be forfeited.
Week Of 11.04.2024
Texas Cigarette, Alcohol & Miscellaneous Taxes—Texas amends rules on mixed beverage taxes.
The Texas Comptroller of Public Accounts has amended mixed beverage gross receipts tax and mixed beverage sales tax rules (34 Tex. Admin. Code § 3.1001; 34 Tex. Admin. Code § 3.1002, both effective 10/30/2024) to conform to 2021 legislation relating to the pickup and delivery of alcoholic beverages for off-premises consumption. The definition of "permittee" has been updated and the distinction between ale, beer, or malt liquor, which are now referred to as a malt beverage, has been eliminated. For the mixed beverage gross receipts tax rule, the amendments also add average pour figures for malt beverages and wine in the absence or records or evidence during an audit.
Texas Franchise Tax—Texas sending notices of forfeiture of right to transact business.
The Texas Comptroller of Public Accounts is currently mailing Form 05-212 (Texas Notice of Forfeiture of Right to Transact Business) to entities who have not satisfied their franchise tax filing and/or payment requirements. As a result of the forfeiture of the right to transact business, an entity's officers, directors, partners, members, or owners will be liable for certain debts of the entity (including taxes, penalties, and interest) incurred after the due date of the report and/or payment, and the entity will generally be denied the right to sue or defend in a Texas court. If an entity's right to transact business is not revived before February 18, 2025, the entity's registration with the Secretary of State will be forfeited. (Texas Tax Policy News 10/01/2024, 10/01/2024.)
Texas Sales & Use Taxes—Texas amends rules on mixed beverage taxes.
The Texas Comptroller of Public Accounts has amended mixed beverage gross receipts tax and mixed beverage sales tax rules (34 Tex. Admin. Code § 3.1001; 34 Tex. Admin. Code § 3.1002, both effective 10/30/2024) to conform to 2021 legislation relating to the pickup and delivery of alcoholic beverages for off-premises consumption. The definition of "permittee" has been updated and the distinction between ale, beer, or malt liquor, which are now referred to as a malt beverage, has been eliminated. For the mixed beverage gross receipts tax rule, the amendments also add average pour figures for malt beverages and wine in the absence or records or evidence during an audit.
Week Of 11.04.2024
Texas Cigarette, Alcohol & Miscellaneous Taxes—Texas amends rules on mixed beverage taxes.
The Texas Comptroller of Public Accounts has amended mixed beverage gross receipts tax and mixed beverage sales tax rules (34 Tex. Admin. Code § 3.1001; 34 Tex. Admin. Code § 3.1002, both effective 10/30/2024) to conform to 2021 legislation relating to the pickup and delivery of alcoholic beverages for off-premises consumption. The definition of "permittee" has been updated and the distinction between ale, beer, or malt liquor, which are now referred to as a malt beverage, has been eliminated. For the mixed beverage gross receipts tax rule, the amendments also add average pour figures for malt beverages and wine in the absence or records or evidence during an audit.
Texas Franchise Tax—Texas sending notices of forfeiture of right to transact business.
The Texas Comptroller of Public Accounts is currently mailing Form 05-212 (Texas Notice of Forfeiture of Right to Transact Business) to entities who have not satisfied their franchise tax filing and/or payment requirements. As a result of the forfeiture of the right to transact business, an entity's officers, directors, partners, members, or owners will be liable for certain debts of the entity (including taxes, penalties, and interest) incurred after the due date of the report and/or payment, and the entity will generally be denied the right to sue or defend in a Texas court. If an entity's right to transact business is not revived before February 18, 2025, the entity's registration with the Secretary of State will be forfeited. (Texas Tax Policy News 10/01/2024, 10/01/2024.)
Texas Sales & Use Taxes—Texas amends rules on mixed beverage taxes.
The Texas Comptroller of Public Accounts has amended mixed beverage gross receipts tax and mixed beverage sales tax rules (34 Tex. Admin. Code § 3.1001; 34 Tex. Admin. Code § 3.1002, both effective 10/30/2024) to conform to 2021 legislation relating to the pickup and delivery of alcoholic beverages for off-premises consumption. The definition of "permittee" has been updated and the distinction between ale, beer, or malt liquor, which are now referred to as a malt beverage, has been eliminated. For the mixed beverage gross receipts tax rule, the amendments also add average pour figures for malt beverages and wine in the absence or records or evidence during an audit.