TX 8908L0951D05 Sales and/or Use Tax (State,Local,MTA) 1989-08-14

Did the company's custom certificate form satisfy Texas resale and exemption certificate requirements?

Short answer: No. The Comptroller said the submitted form omitted required information and directed the company to Rule 3.285(a) and (d)(2) for resale certificates and Rule 3.287(a) and (f) for exemption certificates.

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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 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 Code Rules 3.1 and 3.10); documents on STAR may no longer represent current policy even if not marked superseded.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

The Comptroller rejected the company's proposed certificate form because it did not contain everything required for Texas resale or exemption certificates.

The letter directed the company to Rule 3.285(a) and (d)(2) for resale-certificate content and Rule 3.287(a) and (f) for exemption-certificate content. It did not identify the particular missing fields in the preserved body.

Common questions

Was the submitted form approved? No.

Which resale-certificate provisions controlled? Rule 3.285(a) and (d)(2).

Which exemption-certificate provisions controlled? Rule 3.287(a) and (f).

What exact fields were missing? The letter did not say.

Source

Original ruling text

COMPTROLLER OF PUBLIC ACCOUNTS
STATE OF TEXAS
AUSTIN, 78774

August 14, 1989




Dear ***:

Thank you for your letter dated July 28, 1989, regarding the
acceptability of
your company's certificate form.

The certificate which you've enclosed with your letter does not meet all
of
the requirements necessary for resale or exemption certificates issued
for
Texas transactions.

I have enclosed a copy of our Rule 3.285 on Resale Certificates. Please
review the rule in its entirety, but specifically refer to sections (a)
and
(d)(2) for content requirements. Also enclosed is a copy of our Rule
3.287
on Exemption Certificates. As you go over this rule, please note that
sections (a) and (f) discuss contents specifically.

For your information, I have included copies of our certificate forms and
the
current Sales Tax Rates in Texas, which is sent to taxpayers every
quarter
with their return forms.

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 our
toll-free
number 1-800-252-5555. The regular number is 512/463-4600. You may
write me
at Tax Correspondence, Comptroller of Public Accounts.

Sincerely,
Sandi Skaggs
Tax Correspondence

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