Sec. 152.048. GROSS RECEIPTS PRESUMED SUBJECT TO TAX. (a) All gross receipts of a seller required to obtain a permit under Section 152.065 are presumed to be subject to the provisions of this code.
(b) The presumption provided by Subsection (a) does not apply to receipts:
(1) on which a tax imposed under other law is computed and paid to the comptroller; or
(2) for which a properly completed resale or exemption certificate is accepted by the seller.
(c) The seller may overcome the presumption under Subsection (a) by credible evidence that the receipts are not from a seller-financed sale or that the tax on those receipts has been sent to the comptroller.
Added by Acts 1993, 73rd Leg., ch. 29, Sec. 4, eff. Oct. 1, 1993.
Structure Texas Statutes
Subtitle E - Sales, Excise, and Use Taxes
Chapter 152 - Taxes on Sale, Rental, and Use of Motor Vehicles
Subchapter C. Collection of Taxes
Section 152.041. General Collection Procedure
Section 152.0411. Collection by Sellers
Section 152.0412. Standard Presumptive Value; Use by Tax Assessor-Collector
Section 152.042. Collection of Tax on Metal Dealer Plates
Section 152.043. Collection of Tax on Motor Vehicles Operated by Nonresidents
Section 152.044. Payment by Seller
Section 152.045. Collection of Tax on Gross Rental Receipts
Section 152.046. Change in Tax Status of Motor Vehicle
Section 152.047. Collection of Tax on Seller-Financed Sale
Section 152.0472. Determination of Whether Loan Is Factored, Assigned, or Transferred