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Ensuring Validity of Texas Sales Tax Exemption Certificates: Avoid Liability with Proper Compliance

  • Texas imposes a sales tax on most property and services.
  • Sellers must add the sales tax to the sales price, making it a debt of the purchaser until paid.
  • Sellers are not required to collect sales tax if a properly completed exemption certificate is accepted in good faith.
  • An exemption certificate must be accepted at or before the transaction, be properly completed, and the seller must not know the sale is not exempt.
  • A properly completed exemption certificate includes purchaser’s name and address, item description, reason for exemption, purchaser’s signature and date, and seller’s name and address.
  • If any requirements are not met, the seller may be liable for the sales tax.
  • Errors in exemption certificates can lead to the Texas Comptroller holding the seller responsible for the tax.
  • Chamberlain Hrdlicka offers legal defense for businesses facing issues with exemption certificates and sales tax liability.

Source: chamberlainlaw.com

Note that this post was (partially) written with the help of AI. It is always useful to review the original source material, and where needed to obtain (local) advice from a specialist.



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