34 Tex. Admin. Code § 3.28 - Reports, Payments, and Due Dates
(a)
Reports required.
(1) All first purchasers
and/or processors must file reports in accordance with §
3.26 of this title (relating to
Purchaser and/or Processor Reporting Requirements).
(2) All producers as defined by Tax Code,
§
201.001(5)
or §
3.17 of this title (relating to
Producer Reporting Requirements), having an average monthly tax liability of
$200 or more must file the producer's monthly report required by Tax Code,
§
201.203.
(3) All producers having an average monthly
tax liability of less than $200 must file the producer's annual
report.
(b) Due dates.
(1) Except as provided in paragraphs (2) and
(3) of this subsection, the due date for all monthly reports and payments is
the 20th day of the second month following the month of production.
(2) The due date for the monthly reports and
payments for the production month of June of each odd-numbered calendar year is
the 15th day of August of that year.
(3) An estimated payment of tax is required
of all monthly filers on or before August 15 for the production month of July
of each odd-numbered calendar year.
(4) Except as provided in paragraphs (5) and
(6) of this subsection, the gas producer's annual report and payment are due on
or before February 20 of each year. The report is for taxable production during
the preceding calendar year.
(5)
The gas producer's annual report and payment for producers going out of
business during the year are due on or before the 20th day of the second month
in which the producer ceases production. The report must reflect all taxable
production thus far during the year.
(6) If any producer, designated as an annual
filer, has an accumulated tax liability of $2,400 or more the producer must
file a report and remit the tax due on or before the 20th day of the second
month following the month resulting in the $2,400 accumulated liability. The
producer must file monthly thereafter. It is the responsibility of the taxpayer
to contact the comptroller's office concerning the change in reporting status.
Example: a producer begins business in April and estimates his monthly
liability at only $150 per month. By October the actual liability is $2,500. A
report covering April through October must be filed on or before December 20.
All periods subsequent to October must then be reported on monthly
reports.
(c) Payment of
estimated tax required.
(1) An amount equal
to a reasonable estimate of the tax due for production during July of each
odd-numbered calendar year must be remitted to the comptroller on or before
August 15 of that year.
(2) A
reasonable estimate of the tax due for July is equal to the tax due for June of
the same year or the actual tax due for July, whichever is less.
(3) Any additional tax due for July in excess
of the reasonable estimate is due on or before September 20 of that
year.
(d) Penalties.
(1) If the amount paid pursuant to subsection
(c) of this section is less than the required amount, a penalty of 10% will
accrue on the difference between the required amount and the amount actually
remitted.
(2) If an estimated
payment is not timely or no estimated payment is made, a 10% penalty will
accrue on the entire amount required to be paid by August 15.
(3) A penalty of 5.0% will accrue on the
additional tax due for the month of July or any other regular monthly report if
it is not paid when the report is due. An additional 5.0% penalty will accrue
30 days after the due date of the report if the tax is still not
paid.
(e) Examples.
Notes
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