TX 9109L1128G14 Sales and/or Use Tax (State,Local,MTA) 1991-09-11

Was the sales-tax permit fee due when the permit was issued before October 1, 1991, but the permit holder's first taxable sale occurred on or after that date?

Short answer: No. The internal memorandum concluded that H.B. 11, Section 14.16(b), did not impose the permit fee when the permit itself was issued before October 1, 1991.

Apply this to your situation

This page answers the general question as of 1991. Ezel answers yours, under current Texas tax law, with citations.

Currency note: this ruling is from 1991
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 internal Texas Comptroller staff memo (TO: Karen Specht, FROM: Debbie Angus, via Lucy Glover) published on the State Tax Automated Research (STAR) system for reference. It does not carry letter-ruling reliance protection under 34 Tex. Admin. Code Rules 3.1 and 3.10. It answered an implementation question under 1991 legislation and may no longer reflect current law or Comptroller policy. 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 Implementation Committee asked whether a sales-tax permit fee applied when the permit was issued before October 1, 1991, but the first taxable sale occurred on or after that date.

The internal Comptroller memorandum answered no. It based that conclusion on Section 14.16(b) of H.B. 11.

What this means for you

The memorandum treated the permit's issue date—not the later first-sale date—as controlling for this 1991 fee question. It is historical implementation guidance tied to the legislation cited in the memorandum.

Common questions

Was the permit fee due under the described facts? No.

What date mattered? The permit had been issued before October 1, 1991.

What authority did the memorandum cite? H.B. 11, Section 14.16(b).

Citations and references

  • H.B. 11, Section 14.16(b) — cited basis for the no-fee conclusion

Source

Original ruling text

DATE: September 11, 1991

TO: Karen Specht

FROM: Debbie Angus Via: Lucy Glover

SUBJECT: [Sales Tax] Permit Fee

You asked for guidance for the Implementation Committee regarding whether the [sales tax] permit fee would be due on a permit issued prior to October 1, 1991, but the first taxable sale date is on or after October 1, 1991.

Based on Section 14.16(b) of H.B. 11, the [sales tax] permit fee would not be due.

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