TX 8908L0950F14 Sales and/or Use Tax (State,Local,MTA) 1989-08-30

What did the Comptroller's August 1989 news release say about the new sales-tax exemption for nonprofit publications?

Short answer: Beginning August 28, charitable, philanthropic, and benevolent groups could sell writings tax-free when they both published and distributed them. The release identified historical societies, Junior League groups, college fraternities and sororities, Rotary and Kiwanis clubs, and Parent-Teacher Associations as examples.

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This page answers the general question as of 1989. Ezel answers yours, under current Texas tax law, with citations.

Currency note: this ruling is from 1989
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 not a taxpayer-specific letter ruling. It is an official August 30, 1989 Texas Comptroller news release published on STAR as a historical general notice about legislation effective August 28, 1989. It does not carry letter-ruling reliance protection under 34 Tex. Admin. Code Rules 3.1 and 3.10 and may no longer reflect current law. 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

This document is an official Comptroller news release, not a taxpayer-specific ruling.

It announced a new law effective August 28, 1989 under which charitable, philanthropic, and benevolent organizations could sell publications and other writings tax-free when the group itself published and distributed the material.

The release gave a local historical society's self-published cookbook as an example. It also identified Junior League groups, college sororities and fraternities, Rotary and Kiwanis clubs, and Parent-Teacher Associations as examples covered by the exemption.

The release said the legislation followed a U.S. Supreme Court decision finding that Texas unfairly exempted religious publications while not exempting publications from other organizations. The refunded amount in the source is redacted.

Common questions

Is this a letter ruling? No, it is a news release.

When did the announced exemption begin? August 28, 1989.

What was the core condition? The qualifying organization had to publish and distribute the writing itself.

Source

Original ruling text

NEWS RELEASE

COMPTROLLER OF PUBLIC ACCOUNTS BOB BULLOCK COMPTROLLER

FOR IMMEDIATE RELEASE
Wednesday, August 30, 1989

AUSTIN, Tex.--State Comptroller Bob Bullock said Wednesday that a new law
provides
sales tax exemptions to a variety of philanthropic and charitable groups,
while showing Texas to comply with a recent U.S. Supreme Court ruling.

"The new law serves two purposes--it gives deserving groups a tax break,
And it allows us to keep our sales tax laws intact," Bullock said.

Under the new law, which went into effect August 28, charitable,
philanthropic and
benevolent organizations may sell publications and other writings
tax-free if the groups publish and distribute the printed materials themselves.

For example, if a local historical society sells cookbooks to raise
funds, no tax is due on the books, as long as the society publishes and
distributes the cookbooks, Bullock said.

Examples of other groups that fall under the exemption include the Junior
League, college sororities and fraternities, the Rotary Club an Kiwanis Club,
And the Parent-Teacher Association.

Bullock said the legislation was passed after the Supreme Court ruled in
February that Texas was unfairly exempting religious organizations from paying
sales tax on periodicals and writings, since periodicals produced by other
types of organizations weren't exempted.

The case against the state was brought by Texas Monthly magazine, which
was refunded
$XXXXXXXX in state sales tax after the Supreme Court upheld the
magazine's argument.

Bullock said that extending the sales tax exemption to other groups will
have no impact on state revenue.

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