Sec. 901.458. LOSS OF INDEPENDENCE. (a) In this section, "direct labor cost" means:
(1) the total compensation paid to a person who performs services; and
(2) the employer payroll expenses related to that compensation, including workers' compensation insurance premiums, social security contributions, costs of participating in retirement plans, group insurance costs, and unemployment taxes.
(b) A person creates a presumption of loss of independence if the person:
(1) holds a certificate or firm license issued under this chapter; and
(2) performs or offers to perform an attest service for compensation that is less than the direct labor cost reasonably expected to be incurred in performing the service.
(c) This section does not apply to the donation of services to a charitable organization as defined by board rule.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 1497, Sec. 32, eff. Sept. 1, 2001.
Structure Texas Statutes
Title 5 - Regulation of Financial and Legal Services
Subtitle A - Financial Services
Subchapter J. Practice of Public Accountancy
Section 901.451. Use of Title or Abbreviation for "Certified Public Accountant
Section 901.452. Use of Title or Abbreviation for "Public Accountant
Section 901.453. Use of Other Titles or Abbreviations
Section 901.454. Title Used by Certain Out-of-State or Foreign Accountants
Section 901.455. Name Requirements and Restrictions
Section 901.456. Reports on Financial Statements; Use of Name or Signature on Certain Documents
Section 901.457. Accountant-Client Privilege
Section 901.458. Loss of Independence
Section 901.459. Applicability of Partnership Requirements to Partner
Section 901.460. Performing Attest Services
Section 901.461. Practice by Certain Out-of-State Firms
Section 901.462. Practice by Out-of-State Practitioner With Substantially Equivalent Qualifications