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Texas Statutes (Last Updated: January 4, 2014) |
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TAX CODE |
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Title 2. STATE TAXATION |
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Subtitle E. SALES, EXCISE, AND USE TAXES |
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Chapter 151. LIMITED SALES, EXCISE, AND USE TAX |
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Subchapter I. REPORTS, PAYMENTS, AND METHODS OF REPORTING |
Sec. 151.432. DEDUCTIONS OF TAX ON TICKET OR ADMISSION DOCUMENT TO AMUSEMENT SERVICE
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(a) A reseller of a ticket or admission document to an amusement service may deduct from taxable sales reported the adjusted value of the ticket or admission document purchased for resale from a non-permitted purchaser of the ticket or admission document if:
(1) the taxes imposed by this chapter were paid by the purchaser and the purchaser does not hold a permit issued under this chapter;
(2) language on the ticket or admission document purchased for resale states that all taxes have been included in the price of the ticket or admission document;
(3) the ticket or admission document for which a deduction is claimed was not purchased tax-free by use of a resale or exemption certificate; and
(4) the ticket or admission document is actually resold.
(b) The reseller's books and records must be kept in accordance with the requirements of Section 151.025 and must:
(1) identify the non-permitted purchaser;
(2) document the face value of any ticket or admission document purchased by a non-permitted purchaser;
(3) document that sales tax was included in a ticket or admission document purchased by a non-permitted purchaser;
(4) document the sale of the ticket or admission document; and
(5) account for any remaining inventory of unsold tickets or admission documents.
(c) The reseller may satisfy Subsection (b)(3) by retaining a reproduction of a ticket or admission document to the amusement service.
(d) In this section, "adjusted value of a ticket or admission document" means the face value of the ticket or admission document, less the included state or local sales or use taxes.