TX 9009L1044B04 Sales and/or Use Tax (State,Local,MTA) 1990-09-17

Which printed materials qualified for the historical Texas publication-tax refund, and what documentation was required?

Short answer: Only books, magazines, and periodicals bought before August 28, 1989 qualified, subject to four years; brochures, advertising items, and printing services did not.

Apply this to your situation

This page answers the general question as of 1990. Ezel answers yours, under current Texas tax law, with citations.

Currency note: this ruling is from 1990
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 Code Rules 3.1 and 3.10); documents on STAR may no longer represent current policy even if not marked superseded.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 refund covered tax paid on books, magazines, and periodicals purchased before August 28, 1989, subject to the four-year statute of limitations. It did not cover brochures, advertising items, or other printing services.

If the taxpayer's graphics purchases were books rather than printing services, the next refund schedule had to identify invoice number, publication title, date the vendor remitted tax, price, state tax, and each local taxing entity and amount. Items purchased on or after August 28, 1989 were taxable and had to be removed from the schedule.

What this means for you

The historical refund turned on the product being a qualifying publication rather than advertising or a printing service, plus purchase date and transaction-level proof.

Common questions

Did books, magazines, and periodicals qualify? Yes, if purchased before August 28, 1989 and still within the limitation period.

Did brochures or advertising printing qualify? No.

Were purchases on or after August 28, 1989 refundable? No.

Citations and references

  • No numbered statute or rule was cited in the letter.

Source

Original ruling text

COMPTROLLER OF PUBLIC ACCOUNTS
STATE OF TEXAS
AUSTIN, TEXAS 78774

BOB BULLOCK
Comptroller September 17, 1990




Dear ** :

Kent Cardwell asked me to contact you concerning your
request for a refund of sales tax paid by ABC CORP on
printed material purchased from COMPANY X.

The refund only extends to tax paid on books, magazines
and periodicals purchased prior to August 28, 1989, and
limited by the four year statute of limitations. The
refund does not include tax paid on brochures or other
items purchased for advertising purposes or other print-
ing services.

If the graphics your client purchased were books - not
printing services- please send a schedule including the
invoice number, title of the publication, date the tax
was sent to us by the vendor, price of the publication,
amount of state tax collected, and the amount of local
tax collected- identifying each local taxing entity and
the exact amount of tax collected for each.

I noticed your schedule includes items purchased after
August 28, 1989. Tax is due on items purchased on or
after that date. Please don't include any books pur-
chased after that date on your next schedule.

If you have any questions or need more information,
please call me. The toll-free number is 1-800-531-5441.
The regular number is 512/463-4614. Or you may write me
at the Taxability Section of Legal Division.
[(fax) 512-475-0900]

Adina Whittemore
Taxability
Legal Division

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