TITLE 34.PUBLIC FINANCE

Part 1. COMPTROLLER OF PUBLIC ACCOUNTS

Chapter 3. TAX ADMINISTRATION

Subchapter O. STATE SALES AND USE TAX

34 TAC §3.281

The Comptroller of Public Accounts adopts an amendment to §3.281, concerning records required; information required, without changes to the proposed text as published in the March 29, 2002, issue of the Texas Register (27 TexReg 2417).

This section is amended to implement Senate Bill 1123, 77th Legislature, 2001, which amends Tax Code, §151.023 and §151.025. Subsections (a)(1) and (b) of the adopted rule reflect the changes to Tax Code, §151.025, which describes the kinds of records and information that certain persons must keep. Subsection (f) of the adopted rule reflects the changes to Tax Code, §151.023, which describes the authority of the comptroller to inspect, copy, photograph, and require the production of records that certain persons hold. Subsection (e) is added to clarify the length of time that records and resale or exemption certificates must be retained. Finally, the adoption made to subsections (a)(2), (c), and (d) are for the purpose of clarity.

No comments were received regarding adoption of the amendment.

This amendment is proposed under Tax Code, §111.002, which provides the comptroller with the authority to prescribe, adopt, and enforce rules relating to the administration and enforcement of the provisions of Tax Code, Title 2.

The amendment implements Tax Code, §151.023.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on May 17, 2002.

TRD-200203057

Martin Cherry

Deputy General Counsel for Taxation

Comptroller of Public Accounts

Effective date: June 6, 2002

Proposal publication date: March 29, 2002

For further information, please call: (512) 475-0387


34 TAC §3.282

The Comptroller of Public Accounts adopts an amendment to §3.282, concerning auditing taxpayer records, without changes to the proposed text as published in the March 29, 2002, issue of the Texas Register (27 TexReg 2419).

This amendment implements Senate Bill 1037, 77th Legislature, 2001. Senate Bill 1037 adds Tax Code, §151.0232, which allows the comptroller to establish by rule a program in which a taxpayer may hire a certified public accountant (CPA) who is not employed by the comptroller to perform an audit to determine a taxpayer's liability for sales and use tax. The adopted section defines the CPA Audit Program in subsection (a)(1) and provides a reference in subsection (g) to a new rule regarding the CPA Audit Program. The other amendments to the section are for the purpose of clarity.

No comments were received regarding adoption of the amendment.

This amendment is proposed under Tax Code, §111.002, which provides the comptroller with the authority to prescribe, adopt, and enforce rules relating to the administration and enforcement of the provisions of Tax Code, Title 2.

The amendment implements Tax Code, §151.0232.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on May 17, 2002.

TRD-200203058

Martin Cherry

Deputy General Counsel for Taxation

Comptroller of Public Accounts

Effective date: June 6, 2002

Proposal publication date: March 29, 2002

For further information, please call: (512) 475-0387