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Sales Tax, Resale Certificates, and Franchise Tax
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To all PTA Presidents and Treasurers in Texas: |
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Texas PTA met with the Comptroller, Susan Combs, and her staff on
Monday, April 14, 2008 to discuss the "determined seller vs.
agent" sales tax issue. Click
here to view the letter we received from the Comptroller's
Office as a result of our meeting. The fact of the matter is, due
to vendors treating the determined seller/agent issue differently,
and the confusion for PTA volunteers with contract wording, the
Comptroller has recently ruled all catalog/brochure vendors are
the determined sellers. In other words, for PTAs who have
brochure/catalog sales, the fundraising company will always be
responsible for the sales tax.
Please forward this message to all PTAs in your area.
There is a
new resale certificate for non-profits. You may find the new
certificate on the Comptroller's website at
http://www.window.state.tx.us/taxinfo/taxforms/01-339.pdf.
On the
new resale certificate that requires a number, use your PTA's
sales tax permit number. Your PTA should have a sales tax permit
if you are selling taxable items other than on your two declared
tax-free days per calendar year. If you are not selling taxable
items except on those days, you would not need a sales tax permit
and would then use the taxpayer ID on our Texas exemption letter
(page A-12) from the Comptroller's Office.
PTAs do not
pay franchise tax as they are exempt under Texas PTA's
group exemption. Please contact Irene Cage at the Comptroller's
Office and she'll assist you in getting this straightened out.
Her number is (512) 463-2995.
If you have any
questions, please contact Suzy Swan at Texas PTA State Office.
Suzanne "Suzy" Swan
Director of
Finance
Texas PTA
408 West 11th
Street
Austin, Texas
78701
800.TALK.PTA
512.476.6769
(ext. 202)
512.320.9802
(direct line)
sswan@txpta.org |
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