Category Archives: Texas

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Sirius XM Prevails in Texas Supreme Court on Sourcing of Receipts from Satellite Signal

In a recently issued taxpayer-favorable opinion, the Texas Supreme Court overturned the court of appeals’ decision holding that the state’s performance-based sourcing statute for service receipts essentially looks to customer location.  The Court, relying on the statute’s plain language, then affirmed the taxpayer’s methodology, which sourced its receipts to the location where the taxpayer’s performance … Continue Reading

Texas Supreme Court Rejects Texas Comptroller’s “Receipt-Producing, End-Product” Act Test for Sourcing Receipts from Services

On March 25, the Texas Supreme Court issued a highly-anticipated decision concerning the proper test to source receipts from services for purposes of Texas franchise tax. By statute, receipts from a “service performed in this state” must be sourced to Texas, as the first step in calculating the amount of franchise tax owed by a … Continue Reading

Removing Transaction Thresholds – Where does Wayfair go from here?

Last year, the U.S. Supreme Court ruled in South Dakota v. Wayfair that economic nexus is constitutional for sales tax purposes. South Dakota’s economic nexus statute at issue in the case included an economic threshold of at least $100,000 of sales or 200 separate transactions into the state in the prior calendar year. The decision … Continue Reading

Texas Joins the Amnesty Wave

Texas has joined the growing list of states providing amnesty programs for taxpayers with unreported tax liabilities.  Texas announced a temporary amnesty program that will commence on May 1, 2018 and run through June 30, 2018.  The Comptroller is expected to offer further details regarding the program in the coming weeks.… Continue Reading
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