Part 1.
COMPTROLLER OF PUBLIC ACCOUNTS
Chapter 9.
PROPERTY TAX ADMINISTRATION
Subchapter A. PRACTICE AND PROCEDURE
34 TAC §9.107
The Comptroller of Public Accounts proposes an amendment
to §9.107, concerning appraised value limitation and tax credit for certain
qualified property.
The section is being amended in response to 79th Legislature, 2005, House
Bill 2201, effective September 1, 2005, amending Tax Code, §313.024(b).
The new law adds clean coal projects and gasification projects for coal and
biomass mixtures as uses of property that are eligible for appraised value
limitations.
Subsection (b) is amended to add to the definitions of qualified property
eligible for appraised value limitations, to correct standard industrial code
references, for clarification, and to omit a reference to Government Code, §481.151
in subparagraph (D), as the provision has expired.
Subsection (c), concerning adopted by reference Form 50-296, is being revised
to comply with changes in law and to include other matters necessary to make
a determination of a property's qualification for a value limitation.
Subsection (o) is being amended to clarify the requirements for submitting
and reviewing applications for tax credits and for administering the tax credit
program under Tax Code, Chapter 313.
Subsection (p) is being amended to correct the state agency where the chief
appraiser must send an annual report of properties that are subject to an
appraised value limitation. Other subsections are amended for clarity.
John Heleman, Chief Revenue Estimator, has determined that for the first
five-year period the rule will be in effect, there will be no significant
revenue impact on the state or units of local government.
Mr. Heleman also has determined that for each year of the first five years
the rule is in effect, the public benefit anticipated as a result of enforcing
the rule would benefit the public by providing correct information to taxpayers
regarding their tax responsibilities. The proposed amendment would have no
significant fiscal impact on small businesses. There is no anticipated significant
economic cost to the public.
Comments on the proposal may be submitted to Buddy Breivogel, Manager,
Property Tax Division, P.O. Box 13528, Austin, Texas 78711-3528.
The amendment is proposed under and implements Tax Code, §§313.024(b),
313.104, and 313.105.
§9.107.Appraised Value Limitation and Tax Credit for Certain Qualified Property.
(a)
Appraised value limitation applicant restriction. Corporations
and limited liability companies that are subject to franchise tax under Tax
Code, §171.001, may apply to the governing body of a school district
for a limitation on the appraised value of qualified property in a reinvestment
zone subject to the requirements and restrictions in this section. Sole proprietorships,
partnerships, and limited liability partnerships are not eligible to apply.
Corporations and limited liability companies that qualify for a limitation
on the appraised value may also be eligible for a tax credit.
(b)
Definitions. The following phrases, words, and terms, when
used in this section, shall have the following meanings, unless the context
clearly indicates otherwise:
(1)
Impact fee--A charge or assessment that is imposed against
a qualified property to generate revenue for funding or recoupment of the
costs of capital improvements or facility expansions for water, wastewater,
or storm water services or for roads that are necessitated by or attributable
to property that receives a limitation on appraised value under this section.
(2)
Manufacturing--An establishment that is primarily engaged
in activities that are described in
sector codes 31-33 of the 2002 North
American Industry Classification System
[
(3)
Primary employment--New jobs created by employers in a
reinvestment zone as a direct result of incentives offered under
Government
Code, Chapter 2303 or Tax Code, Chapters 311, 312, or 313
[
(4)
Qualified investment--Investment that an owner proposes
to build or install and that will qualify the owner for a limitation in the
appraised value of qualified property. The term does not include land, but
means:
(A)
tangible personal property that is described as Section
1245 property by Internal Revenue Code of 1986, §1245(a), and that is
first placed in service in Texas during the applicable qualifying time period
that begins after December 31, 2001;
(B)
tangible personal property that is first placed in service
in Texas during the applicable qualifying time period that begins after December
31, 2001, and that is used in connection with the manufacturing, processing,
or fabrication in a cleanroom environment of a semiconductor product. For
purposes of this subparagraph, tangible personal property is neither required
to be affixed to or incorporated into real property, nor required to be actually
located in the cleanroom environment. Examples include integrated systems,
fixtures, and piping; property that is necessary or adapted to reduce contamination
or to control environmental conditions (e.g. airflow, temperature, humidity,
or chemical purity) or to control manufacturing tolerances; and production
equipment and machinery, moveable cleanroom partitions, and cleanroom lighting;
(C)
a building or a permanent, non-removable component of a
building that is built or constructed during the applicable qualifying time
period that begins after December 31, 2001, and that houses tangible personal
property described by subparagraph (A) or (B) of this paragraph; or
(D)
any property that is described in subparagraphs (A)-(C)
of this paragraph that is leased under a capitalized lease, but excludes any
property that is leased under an operating lease.
(5)
Qualifying job--A new permanent full-time job that:
(A)
requires at least 1,600 hours of work per year;
(B)
is not transferred from one area in this state to another
area in this state;
(C)
is not created to replace a previous employee;
(D)
is covered by a group health benefit plan[
(E)
pays at least 110% of the county average weekly wage for
manufacturing jobs as computed by the Texas Workforce Commission for the county
where the job is located.
(6)
Qualified property--Property that is used either as an
integral part, or as a necessary auxiliary part, in manufacturing, research
and development,
a clean coal project, a gasification project for a coal
and biomass mixture,
or renewable energy
electric
generation
and consists of:
(A)
a new building or other new improvement that does not exist
before the date on which the owner applies for an appraised value limitation;
(B)
land that is not subject to a tax abatement agreement into
which a school district has entered under Tax Code, Chapter 312; and is located
in an area that is designated as a reinvestment zone under Tax Code, Chapter
311 or Chapter 312, or as an enterprise zone under Government Code, Chapter
2303, on which the owner:
(i)
proposes to construct, erect, or affix a new building or
new improvement that does not exist before the date on which the owner applies
for an appraised value limitation; and,
(ii)
in connection with that new building or new improvement,
also proposes to make at least the minimum amount of qualified investment
required by this section; and,
(iii)
proposes to create at least 10 new jobs if the land is
in a rural school district or at least 25 new jobs if the land is in a school
district that is not a rural school district.
(C)
tangible personal property that is either first placed
in service in the new building or in or on the new improvement that did not
exist before the date on which the owner applies for an appraised value limitation
(unless the property is considered a semiconductor fabrication cleanroom or
equipment under Tax Code, §151.318(q)) or first placed in service on
the land on which that new building or new improvement is located, if the
personal property is ancillary and necessary to the business that is conducted
in that new building or in or on that new improvement. To qualify, tangible
personal property may not be subject to a tax abatement agreement into which
a school district has entered under Tax Code, Chapter 312.
(7)
Qualifying time period--The first two tax years that begin
on or after the date on which the approval of an application for a limitation
on appraised value occurs.
(8)
Renewable energy electric generation--An establishment
that is primarily engaged in activities that are described in
industry
code
[
(9)
Research and development--An establishment that is primarily
engaged in activities that are described in
industry code 541710 of the
2002 North American Industry Classification System
[
(10)
Clean coal project--The installation
of one or more components of the coal-based integrated sequestration and hydrogen
research project to be built in partnership with the United States Department
of Energy, commonly referred to as the FutureGen project. The term incorporates
the definition and requirements of Water Code, §5.001 and §5.558.
(11)
Gasification project for a
coal and biomass mixture--A project that uses a mixture of coal and other
organic, non-fossil material as the primary feedstock to produce gaseous compounds
that can be utilized as fuel or other commercial products.
(12)
[
(A)
that has a population of less than 50,000;
(B)
that is not partially or wholly located in a metropolitan
statistical area; and
(C)
in which, from 1990 to 2000, according to the federal decennial
census, the population remained the same; decreased; or increased, but at
a rate of not more than 3.0% per annum.
(c)
Forms.
(1)
The comptroller adopts by reference the following [
(A)
Application For Appraised Value Limitation On Qualified
Property (Form 50-296); and
(B)
Application For Tax Credit On Qualified Property (Form
50-300).
(2)
The comptroller will make available model forms that are
adopted by reference in paragraph (1) of this subsection. Copies of the forms
[
(3)
In special circumstances, a school district may obtain
prior approval in writing from the comptroller to use an application form
that requires additional information, or sets out the required information
in different language or sequence than that which this section requires.
(4)
All school districts and appraisal districts shall make
available copies of the comptroller model forms that are adopted by reference
in paragraph (1) of this subsection for taxpayers to use in their applications
for an appraised value limitation and for tax credit under this section. Subject
to the prior written approval requirement that is provided in paragraph (3)
of this subsection, if a school district uses a form other than the one that
the comptroller has adopted, then the alternate form must also be made available
for taxpayers to use.
(d)
Requirements and restrictions.
(1)
A property owner must file with a school district an application
for appraised value limitation before September 4 in the year that precedes
the first year in which the owner proposes its qualifying time period to begin,
unless the property owner proposes an extension of the 120-day period that
is allowed in subsection (f)(1)(H)
of this section,
for the school
district to decide on the application, in which instance the property owner
must file as many days in advance of September 4 as the number of days in
the proposed extension plus one day.
(2)
The application for appraised value limitation must be:
(A)
made on the comptroller's Application For Appraised Value
Limitation On Qualified Property ( Form 50-296) or an alternate form authorized
by subsection (c)(3) of this section;
(B)
properly completed;
(C)
accompanied by the applicable attachments that are specified
on the form; and
(D)
accompanied by the applicable application fee.
(3)
The applicant must identify and quantify the qualified
investment that the applicant proposes to build or install in the reinvestment
zone during the qualifying time period, and the information must be sufficient
to allow the school district to determine whether the applicant will meet
the minimum qualified investment amount that is required for the relevant
school district category.
(4)
To be eligible for a limitation on appraised value under
this section, at least 80% of all the new jobs that the property owner has
created must be qualifying jobs as defined in subsection (b)(5) of this section.
(5)
Property that a person other than the applicant owns and
that is pooled or proposed to be pooled with property that the applicant owns
may not be included in determination of the amount of the applicant's qualifying
investment.
(e)
School district categories and minimum qualified investment
requirements.
(1)
The minimum amount of qualified investment that this section
requires is based on the category in which the school district is classified.
(A)
School districts other than rural school districts are
categorized according to the district's most recent total taxable value of
property that is determined under Government Code, Chapter 403, Subchapter
M (identified as "T2" on the comptroller's print out entitled "School District
Summary Worksheet"), as follows:
Figure: 34 TAC §9.107(e)(1)(A) (No change.)
(B)
Rural school districts are categorized according to the
sum of the district's most recent market value of industrial real and personal
property that is determined under Government Code, Chapter 403, Subchapter
M (identified as "F2" and "L2" on the comptroller's print out entitled "School
District Summary Worksheet"), less any applicable deductions that are allowed
under Government Code, Chapter 403, Subchapter M, for industrial property,
as follows:
Figure: 34 TAC §9.107(e)(1)(B) (No change.)
(2)
The minimum qualified investment requirement for each category
of school districts other than rural school districts is:
Figure: 34 TAC §9.107(e)(2) (No change.)
(3)
The minimum qualified investment requirement for each category
of rural school districts is:
Figure: 34 TAC §9.107(e)(3) (No change.)
(f)
Application review process.
(1)
A school district may choose not to consider the application
and must notify the applicant of its decision, but if a school district does
consider the application, then the following procedures must be followed:
(A)
the school district shall immediately send a copy of the
application to the comptroller;
(B)
the school district shall also send a copy of the application
to each appraisal district that appraises property that is described in the
application;
(C)
the school district, in its discretion, may allow the applicant
to supplement the application after the filing date to provide information
that is required by the application form that was unavailable prior to the
filing date, but must forward any supplemental information that the district
has received immediately to the comptroller and the appraisal district;
(D)
the school district shall hire a qualified third party
to perform an economic impact evaluation. See subsection (g)
of this
section,
for further information on economic impact evaluation;
(E)
the school district may obtain assistance from the comptroller,
Texas Economic Development, the Council on Workforce and Economic Competitiveness,
and the Texas Workforce Commission;
(F)
the school district shall obtain a recommendation from
the comptroller on whether the application should be approved. The comptroller's
recommendation shall be made no later than the 61st day from the date on which
the comptroller receives a copy of the application from the school district.
The comptroller may consider the reported economic evaluation information
in the application or any other available information that the comptroller
considers relevant, and the comptroller may make a recommendation that is
contingent on the receipt of appropriate supplemental information;
(G)
the school district must make a written finding on each
economic impact evaluation criterion that is listed in this section before
the district approves or disapproves the application, and the district shall
deliver a copy of those findings to the applicant; and
(H)
the school district shall review the application, including
the economic impact evaluation, and the comptroller's recommendation, and
must approve or disapprove the application within 120 calendar days from the
filing date of the application, unless the governing body and the applicant
agree to an extension.
(2)
The school district may approve the application only if
it finds that the information in the application is true and correct, finds
that the applicant is eligible for the limitation on the appraised value,
and determines that granting the application is in the best interest of the
school district and this state.
(3)
If a school district grants the application, it must provide
written notice to the applicant, the comptroller, and each appraisal district
that appraises property that is described in the application. The school district
and the property owner shall enter into a written agreement to incorporate
the obligations of each party and provide for the appraised value limitation.
See subsection (h) of this section for further information on the agreement.
(g)
Economic impact evaluation. As provided by subsection (f)
of this section, a school district must hire a qualified third party to perform
an economic impact evaluation that will analyze the investment proposed in
the application for an appraised value limitation and that will assist the
school district to determine whether an appraised value limitation would be
in the best interest of the school district and this state. The written report
must include:
(1)
the comptroller's recommendation on the application;
(2)
the relationship between the applicant's industry and the
types of qualifying jobs to be created by the applicant, to the long-term
economic growth plans of this state as described in the strategic plan for
economic development that the Texas Strategic Economic Development Planning
Commission has submitted under Government Code, §481.033, as that section
existed before February 1, 1999;
(3)
the relative level of the applicant's investment per qualifying
job to be created by the applicant;
(4)
the wages, salaries, and benefits to be offered by the
applicant to qualifying job-holders;
(5)
the ability of the applicant to locate or relocate in another
state or another region of this state;
(6)
the impact that the added infrastructure will have on the
region, including revenue gains that would be realized by the school district,
and subsequent economic effects on the local and regional tax bases;
(7)
the economic condition of the region of the state at the
time when the person's application is being considered;
(8)
the number of new facilities that were built or expanded
in the region during the two years that preceded the date of the application
and that were eligible to apply for a limitation on appraised value under
this subsection; and
(9)
the effect of the applicant's proposal, if approved, on
the number or size of the school district's instructional facilities, as defined
by Education Code, §46.001.
(h)
Agreement. The written agreement between the school district
and the property owner for the appraised value limitation:
(1)
must describe with specificity the qualified investment
that the person will make on or in connection with the person's qualified
property that is subject to the limitation on appraised value under this section.
Property that is not specifically described in the agreement is not subject
to the appraised valued limitation unless the school district, by official
action, provides that other property of the owner is subject to the appraised
value limitation;
(2)
must incorporate each relevant provision of this section
and, to the extent necessary, include provisions for the protection of future
school district revenues through the adjustment of the minimum valuations,
the payment of revenue offsets, and other mechanisms to which the property
owner and the school district agree;
(3)
must require the property owner to maintain a viable presence
in the school district for at least three years after the date on which the
limitation on appraised value of the owner's property expires;
(4)
must provide for the termination of the agreement, the
recapture of ad valorem tax revenue that is lost as a result of the agreement
if the owner of the property fails to comply with the terms of the agreement,
and payment of a penalty or interest or both on that recaptured ad valorem
tax revenue;
(5)
may specify any conditions the occurrence of which will
require the district and the property owner to renegotiate all or any part
of the agreement; and
(6)
must specify the ad valorem tax years that the agreement
covers.
(i)
Appraised value limitation.
(1)
An appraised value limitation applies only to the maintenance
and operations portion of a school district's ad valorem tax rate.
(2)
A school district may limit the appraised value on qualified
property for eight tax years, beginning with the tax year that follows the
applicable qualifying time period.
(3)
For each tax year in which the appraised value limitation
is in effect, the appraised value of the qualified property that is described
in the written agreement between the school district and property owner for
school district maintenance and operations ad valorem tax may not exceed the
lesser of:
(A)
the market value of the property; or
(B)
the amount to which the school district has agreed, but
such amount must be at least the minimum amount of limitation that is set
for the applicable school district category and that is enumerated in paragraph
(4) of this subsection.
(4)
Minimum amount of limitation.
(A)
For school districts other than rural school districts:
Figure: 34 TAC §9.107(i)(4)(A) (No change.)
(B)
For rural school districts:
Figure: 34 TAC §9.107(i)(4)(B) (No change.)
(j)
Fees.
(1)
Application fee. A school district may establish a reasonable
nonrefundable application fee to be paid by a person who applies for a limitation
on the appraised value of the person's property under this section. The amount
of an application fee may not exceed the school district's estimated cost
to process and act on an application, including the cost of the economic impact
evaluation that this section requires.
(2)
Impact fee. Notwithstanding any other law, including Local
Government Code, Chapter 395, a municipality or county may impose and collect
from the owner of a qualified property a reasonable impact fee to pay for
the cost of providing improvements that are associated with or attributable
to property that receives a limitation on appraised value under this section.
(k)
Appraisal district responsibility. When appraising a person's
qualified property that is subject to a limitation on appraised value under
this section, the chief appraiser shall determine the market value of the
property and include both the market value and the limited value in the appraisal
records.
(l)
Property not eligible for tax abatement. Property that
is subject to a limitation on appraised value in a tax year under this section
is not eligible for tax abatement by a school district under Tax Code, Chapter
312, in that tax year.
(m)
Confidential business information. Information that describes
the specific processes or business activities to be conducted or the specific
tangible personal property to be located on real property that the application
that an applicant submits to a school district covers is confidential unless
the school district approves the application under this section. A school
district may not disclose confidential information to the public.
(n)
Tax rate limitation. A school district may not adopt a
tax rate that exceeds the school district's rollback tax rate under Tax Code, §26.08,
for each tax year during the qualifying time period. If the school district
approves a subsequent application for an appraised value limitation while
the restriction on the school district's tax rate is in effect, the restriction
on the school district's tax rate extends until the expiration of the second
anniversary of the subsequent application approval date.
(o)
Tax credit.
(1)
An owner is entitled to a credit for part of the ad valorem
taxes that were paid to a school district for each tax year during the qualifying
time period in an amount that is equal to the difference between the amount
of tax that was actually paid on the qualified property and the amount of
tax that would have been paid based on the appraised value limitation to which
the school district agreed, provided that the owner follows the procedures
that this subsection requires. The school district tax collector must apply
any approved tax credit in the manner and time that is provided in paragraph
(3) of this subsection.
(2)
To be eligible for a tax credit, an owner must submit an
application for tax credit before September 1 of the year that immediately
follows the applicable qualifying time period to the school district to which
the ad valorem taxes were paid. The application for tax credit must be:
(A)
made on the Application for Tax Credit on Qualified Property
(Form 50-300) or an alternative form that is authorized by subsection (c)(3)
of this section;
(B)
accompanied by tax receipts from the collector of taxes
for the school district that show full payment of school district ad valorem
taxes on the qualified property for the applicable qualifying time period;
(C)
accompanied by a copy of the agreement between the applicant
and the school district under Tax Code, §313.027 or §313.051; and
(D)
accompanied by any other document or information that the
[
(3)
A school district must determine the owner's eligibility
for a tax credit before the 90th day after the date on which the application
for a tax credit is received by the school district. If a school district
determines that the owner is eligible for a tax credit and verifies the total
tax credit that has been computed as provided by paragraph (1) of this subsection,
then the school district shall direct its tax collector to
determine
and to report to the commissioner of education the amount of tax credits that
will be applied
[
(A)
subject to the limitation that is imposed by subparagraph
(B) of this paragraph, apply one-seventh of the total tax credit for seven
tax years beginning with the tax year that follows the tax year in which the
application for tax credit was approved, and for six tax years thereafter;
(B)
the maximum amount of tax credit that may be applied in
each tax year may not exceed 50% of the total amount of ad valorem school
taxes that the school district imposes on the qualified property in that tax
year;
(C)
apply any tax credit that remains as a result of the application
of the cap that is imposed by subparagraph (B) of this paragraph in the first
tax year that begins on or after the date on which the owner's eligibility
for the appraised value limitation expires under this section, but the maximum
amount may not exceed the total amount of ad valorem school taxes that the
school district has imposed on the qualified property in that tax year. Any
remaining tax credit that is not used under this subparagraph expires.
(4)
No tax credit will be allowed for either the tax year in
which the owner relocates the business outside the school district or the
tax years thereafter.
(5)
The school district is authorized to investigate or
review the amount of tax credits approved pursuant to paragraph (3) of this
subsection, and to determine whether a person who received a tax credit was
ineligible or received more credit than the person should have received. The
school district shall consult with the comptroller concerning its determination.
If
the board of trustees of
[
(A)
A tax lien attaches to the qualified property in favor
of the school district to secure payment by the person of the additional tax
and interest that are imposed and any penalties incurred
; and
[
(B)
a
[
(p)
Property list by chief appraiser. Before October 1 of each
year, the chief appraiser shall compile and send to
Office of the Governor,
[
(q)
School district designation of reinvestment zone.
(1)
The governing body of a school district may approve qualified
land that is located in an area that is designated as a reinvestment zone
under Tax Code, Chapter 311 or Chapter 312, or as an enterprise zone under
Government Code, Chapter 2303, by the commissioners court of each county or
the governing body of each municipality, provided that all the qualified land
falls within this designated zone.
(2)
The governing body of a school district, in the manner
that is required for official action and for purposes of Tax Code, Chapter
313, Subchapter B or C, may designate an area that is entirely within the
territory of the school district as a reinvestment zone under Tax Code, §312.0025,
if the governing body finds that, as a result of the designation and the granting
of a limitation on appraised value under Chapter 313, Subchapter B or C, for
property that is located in the reinvestment zone, the designation is reasonably
likely to:
(A)
contribute to the expansion of primary employment in the
reinvestment zone; or
(B)
attract major investment in the reinvestment zone that
would benefit property in the reinvestment zone and the school district, and
contribute to the economic development of the region of this state in which
the school district is located.
(3)
The governing body of the school district may seek the
recommendation of the commissioners court of each county and the governing
body of each municipality that has territory in the school district before
designating an area as a reinvestment zone under subsection (q)(2)
of
this section
.
(r)
Timeline. The following is an example of the timeline to
be used for the appraised value limitation and tax credit under House Bill
1200, 77th Legislature, 2001. The timeline is intended as a visual aid to
help the applicants' understanding of the overall appraised value limitation
and tax credit process. Any conflict between this timeline and the specific
language of this rule shall be resolved in favor of the specific language
of the rule.
Figure: 34 TAC §9.107(r) (No change.)
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on April 10, 2006.
TRD-200602069
Martin Cherry
Chief Deputy General Counsel
Comptroller of Public Accounts
Earliest possible date of adoption: May 21, 2006
For further information, please call: (512) 475-0387
34 TAC §9.4037
The Comptroller of Public Accounts proposes an amendment
to §9.4037, concerning use of electronic communications for transmittal
of property tax information, to conform to Tax Code, §25.19(b-1). The
statute requires that the chief appraiser of each county appraisal district
include in the notice of appraised value for real property, the difference,
expressed as a percentage increase or decrease, in the appraised value of
the property for the current year as compared to the fifth year before the
current tax year.
The section is being amended in response to 79th Legislature, 2005, House
Bill 1984, effective January 1, 2006. The law requires additional information
to be included on notices of appraised value prepared by appraisal districts.
Subsection (d)(1), the electronic XML document schema, is amended to include
the percentage increase in value required to be included in the notices of
appraised value.
John Heleman, Chief Revenue Estimator, has determined that for the first
five-year period the rule will be in effect, there will be no significant
revenue impact on the state or units of local government.
Mr. Heleman also has determined that for each year of the first five years
the rule is in effect, the public benefit anticipated as a result of enforcing
the rule would benefit the public by providing correct information to taxpayers
regarding their tax responsibilities. The proposed amendment would have no
significant fiscal impact on small businesses. There is no anticipated significant
economic cost to the public.
Comments on the proposal may be submitted to Buddy Breivogel, Manager,
Property Tax Division, P.O. Box 13528, Austin, Texas 78711-3528.
The amendment is proposed under and implements Tax Code, §25.19(b-1)
and §1.085(e).
§9.4037.Use of Electronic Communications for Transmittal of Property Tax Information.
(a)
Definitions. The following words and terms, when used in
this section, shall have the following meanings, unless the context clearly
indicates otherwise.
(1)
Account ID--the predominant identification number used
on the hardcopy.
(2)
CAD--County Appraisal District
(3)
NOT--Notice
(4)
PRP--Property
(5)
OWN--Owner
(6)
ENT--Entity
(7)
minOccurs--Minimum occurrences
(8)
maxOccurs--Maximum occurrences
(b)
Transmittal of information. Information in notices of appraised
value required by Tax Code, §1.085(g) to be delivered electronically
must be transmitted according to the file layout provided by this section.
The transmittal must be made by electronic mail, file transfer protocol (ftp)
or any other method agreed upon by the property owner and the chief appraiser;
however, if the size of the information file or other factors require the
use of a 1/4 inch cartridge (1.2 Gb max), 1/2 inch cartridge 18 tract (3480),
8-mm cartridge (5 Gb max), 4-mm cartridge (5 Gb max), CD-ROM, DVD-ROM, or
2 1/2 inch disc, the property owner and the chief appraiser must agree to
the use of one of these media, and delivery may be made by hand or by mail,
according to the agreement of the property owner and the chief appraiser.
(c)
Format and Content. The information included in statutorily
required electronic transmissions between property owners and appraisal districts,
taxing units, or other tax officials, must have the following specifications:
(1)
Extensible Mark-up Language (XML)
(2)
File layout. Items listed must be included in statutorily
required electronic transmissions between property owners and appraisal districts,
taxing units, or other tax officials. Optional items, or other items agreed
upon by the property owner and the appraisal district may be included in the
electronic notice.
Figure: 34 TAC §9.4037(c)(2) (No change.)
(d)
Notice of Appraised Value--Tax Code §25.19.
(1)
Electronic XML Document Schema
(2)
Notice letter. The notice required by Tax Code, §25.19(h),
may be transmitted electronically with the file layout provided by this section.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State on April 10, 2006.
TRD-200602064
Martin Cherry
Chief Deputy General Counsel
Comptroller of Public Accounts
Earliest possible date of adoption: May 21, 2006
For further information, please call: (512) 475-0387
Chapter 73.
BENEFITS
categories 2011-3999 of
the 1987 Standard Industrial Classification Manual that the federal Office
of Management and Budget publishes
].
Chapter
2303, Government Code or Chapter 311, 312, or 313, Property Tax Code
].
, as defined
by Government Code, §481.151,
] for which the business pays or offers
to pay at least 80% of the premiums or other charges that are assessed for
employee-only coverage under the plan; and
category
] 221119 of the
2002
[
1997
] North American Industry Classification System.
category 8731
of the 1987 Standard Industrial Classification Manual that the federal Office
of Management and Budget publishes
].
(10)
] Rural school district--A
school district that has territory in a strategic investment area, as defined
by Tax Code, §171.721, or in a county:
amended
] model forms:
are available for inspection at the office of the Texas Register or
] may be obtained from the Comptroller of Public Accounts, P.O. Box
13528, Austin, Texas 78711-3528.
The
[
After adoption of this
rule, copies of the
] forms may be viewed or downloaded from the comptroller's
[
Window on State Government
] website, at http://www.window.state.tx.us/taxinfo/taxforms/02-forms.html.
Copies may also be requested by calling our toll-free number, 1-800-252-9121.
In Austin, call (512) 305-9999. From a Telecommunications Device for the Deaf
(TDD), call 1-800-248-4099, toll free. In Austin, the local TDD number is
(512) 463-4621.
comptroller or the
] school district considers necessary for a
determination of the applicant's eligibility for the tax credit or the amount
of the tax credit.
apply the tax credit
] against any taxes
that the school district imposes on the qualified property as follows:
the comptroller and a
school district determine that a person who received a tax credit was either
not eligible for the credit or received more credit than the person was entitled,
then
] the school district
by official action makes a determination
that a person who received a tax credit was ineligible or received more credit
than the person should have received, it
shall impose an additional
tax on the qualified property that is equal to the amount of tax credit that
was erroneously taken, plus interest at an annual rate of 7.0% calculated
from the date on which the credit was issued.
In addition:
.
]
A
] person who is delinquent in
the payment of an additional tax may not submit a subsequent application or
receive a tax credit under this subsection in a subsequent year.
Texas
] Economic Development
and Tourism
a list
of properties that have a market value that exceeds $100 million in the applicable
tax year or that are subject to a limitation on appraised value under Tax
Code, Chapter 313. The market value of each property on the list shall include
the taxable real and personal property owned by a person at one site. The
list shall include, at a minimum, the appraisal district name, the name of
any other appraisal district that appraises the property, the appraisal district
number that the comptroller has assigned, the name of each school district
that taxes the property, each school district number that the education agency
has assigned, each account number that the appraisal district has assigned,
each taxpayer name, the market value of the taxable real and personal property
that the taxpayer owns at that site, the taxable value of the taxable real
and personal property that the taxpayer owns at that site, the tax year to
which the listed information pertains, and the name and telephone number of
a person at the appraisal district who is responsible for the information
that is contained in the list.
Subchapter I. VALIDATION PROCEDURES
Part 4.
EMPLOYEES RETIREMENT SYSTEM OF TEXAS