TX 9202L1164A01 Sales and/or Use Tax (State,Local,MTA) 1992-02-27

Were golf-cart shed rental charges taxable at for-profit and nonprofit Texas country clubs?

Short answer: Yes. The letter said for-profit club charges had been taxable since October 2, 1984, and nonprofit club charges became taxable October 1, 1991, whether or not separately stated.

Apply this to your situation

This page answers the general question as of 1992. Ezel answers yours, under current Texas tax law, with citations.

Currency note: this ruling is from 1992
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 Code Rules 3.1 and 3.10); documents on STAR may no longer represent current policy even if not marked superseded.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 clarified that country-club charges for golf-cart shed rentals were taxable for both for-profit and nonprofit clubs.

For-profit club charges had been taxable since October 2, 1984. The tax applied whether the shed charge was separately stated or combined with other charges and assessments.

For nonprofit country clubs, shed rental charges became taxable on October 1, 1991—the date the letter said nonprofit club dues, initiation fees, and other charges for special privileges became subject to sales tax.

What this means for you

Country clubs

Separately listing golf-cart storage did not remove it from tax. The letter treated the shed charge as taxable regardless of billing presentation.

Accountants and tax professionals

This is a historical 1992 letter with specific effective dates. STAR warns generally that older documents may no longer represent current policy, so verify today's rules before relying on the dates or classifications.

Common questions

Were for-profit club shed rentals taxable? Yes, from October 2, 1984, according to the letter.

Were nonprofit club shed rentals taxable? Yes, effective October 1, 1991.

Did separately stating the shed charge make it nontaxable? No.

Citations and references

The letter cited no specific statute or rule.

Source

Original ruling text

February 27, 1992




Dear **:

** from our Dallas East Audit Office has asked that
we write you to clarify our position on the taxability of golf cart
shed rentals for both for-profit and non-profit country club.

A charge by a for-profit country club for golf cart shed rentals
has been taxable since October 2, 1984. The charge is taxable
whether or not the charge is separately stated from other charges
and assessments.

A charge by a non-profit country club for golf cart shed rentals is
taxable effective October 1, 1991. October 1, 1991, is the date
non-profit country club membership dues, initiation fees, and other
assessments and fees charged for special privileges in non-profit
country clubs became subject to sales tax.

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

If you have any additional questions or need more information, you
may call me toll free at 1-800-252-5555, extension 3-4633. The
regular number is 512/463-4633. You may also write to the Tax
Administration Division.

Sincerely,

Wanda Hutcheson
Tax Administration Division

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