TX 8610L0773G13 Sales and/or Use Tax (State,Local,MTA) 1986-10-20

Which electric-utility billing periods first used the temporary 1987 Texas sales-tax increase and the later rate decrease?

Short answer: The higher rate first applied to a billing period beginning on or after January 1, 1987. The lower rate first applied to a billing period ending on or after September 1, 1987.

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This page answers the general question as of 1986. Ezel answers yours, under current Texas tax law, with citations.

Currency note: this ruling is from 1986
Subsequent statutory amendments, regulation changes, court decisions, or later rulings may have changed the analysis. Treat this page as historical context, not current tax advice. Verify current law before relying on any specific rule, rate, or position mentioned here.
Disclaimer: This is an official Texas Comptroller of Public Accounts letter published on the State Tax Automated Research (STAR) system. Letters on STAR can be the basis of a detrimental reliance claim only for the taxpayer to whom the letter was directly issued (see 34 Tex. Admin. Code Rules 3.1 and 3.10); documents on STAR may no longer represent current policy even if not marked superseded. Taxpayer-identifying details are redacted. This summary is informational only and is not legal or tax advice. Consult a licensed Texas tax professional about your specific situation.
About this page: The plain-English summary, reader guidance, and Q&A below were written by Ezel based on the official state tax ruling. The original ruling (linked on this page) is the authoritative source for any reliance.

Plain-English summary

An electric utility asked how billing periods would cross the temporary state sales-tax rate increase effective January 1, 1987 and its scheduled expiration on September 1, 1987.

The Comptroller confirmed two different transition rules. The increased rate first applied to a billing period that began on or after January 1. When the temporary increase expired, the decreased rate first applied to a billing period that ended on or after September 1.

Common questions

When did the higher rate first apply? To a billing period beginning on or after January 1, 1987.

When did the lower rate first apply? To a billing period ending on or after September 1, 1987.

Did the letter discuss city or county taxes? No. Despite the broader STAR subject caption, the body only answered how the temporary state rate increase and decrease applied to electric billing periods.

Citations and references

  • The letter cited no numbered statute or Comptroller rule.

Source

Original ruling text

October 20, 1986




Dear ***:

Thank you for your recent letter which is restated with response below.

The state sales tax increase recently passed by the Texas
Legislature to be effective for the period January 1, 1987
through August 31, 1987 will of course impact certain of our
electric customers. On other occasions of sales tax rate
increases, it has been the state's policy that the increased
sales tax should be initially applied to a billing period
which begins on or after the effective date of such increase.
Will the same policy apply on this occasions?

Response: Yes.

The subject tax rate increase is temporary and is scheduled to
expire on September 1, 1987. Therefore, will the state's
policy be to decrease the tax rate initially on a billing
period which ends or after the effective date of the tax
rate decrease?

Response: Yes.

This opinion is based on the facts presented. If there are additional
or different facts, the opinion may change.

If you have any questions or need more information, please call us at
1-800-252-5555 toll free from anywhere in Texas. The regular number is
512/463-4600. You may write us at the Tax Administration Division.

Sincerely,

Tax Policy Section
Tax Administration Division

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