Sec. 151.430. DETERMINATION OF OVERPAID AMOUNTS. (a) This section applies to the tax on purchases paid by a person holding a permit under this chapter who has purchased taxable items for use in this state and has remitted tax on those items in error to this state or has paid tax on those items in error to a retailer holding a permit under this chapter.
(b) A person to whom this section applies may compute the amount of overpayment by use of a projection based on a sampling of transactions. The sampling method used must comply with generally accepted sampling methods as approved by the comptroller.
(c) The person may obtain reimbursement for amounts determined to have been overpaid by taking a credit on one or more sales tax returns or by filing a claim for refund with the comptroller within the limitation period specified by Subchapter D, Chapter 111.
(d) The person must record the method by which the projection and computation were performed and must make available on request by the comptroller the records on which the projection and computation were based.
(e) The comptroller may adopt rules specifying additional procedures that must be followed in connection with claiming a credit under this section.
Added by Acts 1999, 76th Leg., ch. 457, Sec. 3, eff. Oct. 1, 1999.
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