TX 9110L1153B07 Sales and/or Use Tax (State,Local,MTA) 1991-10-23

Could a taxpayer file monthly Texas sales-and-use-tax returns using a 13-period accounting calendar, and how were period-end dates assigned to returns?

Short answer: Yes. Periods ending on days 1-10 were reported on the prior month's return due on the 20th of that month; periods ending on days 11 through month-end were reported on that month's return due the next month. Two periods had to be combined because the system accepted only 12 returns.

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 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 Code Rules 3.1 and 3.10); documents on STAR may no longer represent current policy even if not marked superseded.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 allowed the taxpayer to base monthly sales-and-use-tax returns on a 13-period accounting year. An accounting period ending on the first through tenth day of a month was reported on the prior month's return due on the twentieth of that same month. For example, a period ending April 1-10 went on the March return due April 20.

A period ending on the eleventh through last day of a month was reported on that month's return due on the twentieth of the next month. For example, a period ending June 11-30 went on the June return due July 20.

Because the Comptroller's computer accepted only 12 monthly returns, two accounting periods had to be combined on one return as marked on the taxpayer's schedule. The taxpayer was told not to change the preprinted report-period ending dates because altered returns would not process.

What this means for you

The 13-period calendar was permitted only within the Comptroller's 12-return processing structure. Period-end day determined the assigned monthly return and due date, and one filing had to contain two accounting periods.

Common questions

Could the taxpayer use 13 accounting periods? Yes. Could it file 13 monthly returns? No; two periods had to be combined. Could it edit the preprinted period-ending dates? No. When was a period ending on the tenth reported? On the prior month's return due that month's twentieth.

Citations and references

  • The letter does not identify a numbered statute or administrative rule.

Source

Original ruling text

October 23, 1991




Dear *****:

Thank you for your letter requesting permission to file sales and
use tax returns for account *** based on a 13-period
accounting system.

The monthly tax returns can be filed based on a 13-period calendar
year using the following formula:

For accounting periods ending the 1st through the 10th day of
a month, the due date will be the 20th of that month. (e.g.,
if the accounting period ends April 1 through April 10, the
data is to be reported on the March return due April 20)

For accounting periods ending on the 11th through the last day
of the month, the due date will be the 20th of the next month.
(e.g., if the accounting period ends June 11 through June 30,
the data is to be reported on the June return due July 20)

Because our computer will accept only twelve monthly returns in a
calendar year, two of your accounting periods will have to be
combined on one return as I indicated on your schedule. Please do
not change the preprinted report period ending dates as the returns
will not process.

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

Please feel free to contact me if you have any additional questions.
You may write me, call toll free 1-800-252-5555, ext. 34685, from
anywhere in the United States or phone 512/463-4685.

Sincerely,

Julie Pesl
Tax Administration Division

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