Sec. 151.413. OPTIONAL METHOD OF REPORTING: SMALL GROCERS. (a) A seller who is a retail grocer and whose annual total receipts do not exceed $100,000 may pay the taxes imposed by this chapter by multiplying 15 percent times the total receipts of the seller to obtain the amount of taxable receipts.
(b) A state audit of a retailer electing to report his taxable receipts as provided by this section is limited to determining whether or not the grocer is eligible to use this method. No additional tax may be assessed or a refund or credit granted because of a showing that the tax liability of the retail grocer electing this method of reporting differs or would differ under any other method of reporting.
(c) A retail grocer who elects to report under this section shall continue to report as provided by this section for three years unless the grocer's total receipts for a year exceed $100,000.
(d) If a retail grocer electing to report under this section has gross receipts in excess of $100,000 for a year, the grocer is ineligible to continue reporting under this section beginning on the first day of the calendar month after the month in which the limitation was exceeded, shall report the ineligibility to the comptroller, and shall immediately cease to use the method of reporting permitted by this section.
(e) Subsection (b) of this section does not apply to audits or the tax liability of a retail grocer who fails to report his ineligibility to the comptroller as required by Subsection (d) of this section.
Acts 1981, 67th Leg., p. 1572, ch. 389, Sec. 1, eff. Jan. 1, 1982.
Structure Texas Statutes
Subtitle E - Sales, Excise, and Use Taxes
Chapter 151 - Limited Sales, Excise, and Use Tax
Subchapter I. Reports, Payments, and Methods of Reporting
Section 151.401. Tax Due Dates
Section 151.402. Tax Report Dates
Section 151.403. Who Must File a Report
Section 151.405. Other Due Dates Set by Comptroller
Section 151.406. Contents and Form of Report
Section 151.407. Special Use Tax Reports
Section 151.408. Accounting Basis for Reports
Section 151.409. Reports and Payments: Where Made
Section 151.410. Method of Reporting Sales Tax: General Rule
Section 151.411. Method of Reporting: Sellers Having Sales Below Taxable Amount
Section 151.412. Optional Method of Reporting: Percentage of Sales
Section 151.413. Optional Method of Reporting: Small Grocers
Section 151.414. "Retail Grocer" Defined
Section 151.416. Commingled Receipts and Tax
Section 151.417. Direct Payment of Tax by Purchaser
Section 151.4171. Optional Reporting Method: Percentage-Based
Section 151.418. Issuance of Direct Payment Permit
Section 151.419. Application for Direct Payment Permits: Qualifications
Section 151.420. Revocation of Direct Payment Permit
Section 151.421. Voluntary Relinquishment of Direct Payment Permit
Section 151.422. Cancellation or Termination of Direct Payment Permit: Duty of Permit Holder
Section 151.423. Reimbursement to Taxpayer for Tax Collections
Section 151.424. Discount for Prepayments
Section 151.425. Forfeiture of Discount or Reimbursement
Section 151.426. Credits and Refunds for Bad Debts, Returned Merchandise, and Repossessions
Section 151.4261. Credit or Reimbursement in Return Transactions
Section 151.427. Deduction for Property on Which the Tax Is Paid and Held for Resale
Section 151.428. Interest Charged by Retailer on Amounts of Taxes Financed
Section 151.429. Tax Refunds for Enterprise Projects
Section 151.4291. Tax Refunds for Defense Readjustment Projects
Section 151.4292. Tax Refund Pilot Program for Certain Persons Who Employ Apprentices
Section 151.430. Determination of Overpaid Amounts
Section 151.4305. Tax Refunds for Oil or Gas Severance Taxpayers
Section 151.431. Sales and Use Tax Refund for Job Retention
Section 151.432. Deductions of Tax on Ticket or Admission Document to Amusement Service