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Texas Sales Tax

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kk1522

Junior Member
I am a stay at home mom that is trying to start a small, home-based business. I applied for my Texas Sales Tax and Use Permit. I received it in June.
I apparently received a tax return form in July. With the new baby in the house and a lot of sleep deprivation, a lot of things got overlooked and I apparently threw the mail for that day in a basket and forgot about it.
I received a Notice of Tax/Fee Due Notice last week which sent me on a search for the original return, which I found in the basket unopened.
They want $1100 for an estimated tax due. They are "estimating" for the quarter of 4/1 - 6/30. My permit has first day of business as 6/30.
Unfortunately, I have been unable to actually start the business yet. I am still working on setting things up and am just not getting close to going live with everything.
I have now sent the original return in showing no tax due since there was no sales made.
I now need to request a hearing to dispute the estimated tax due.
What exactly is this letter supposed to say? What provisions of tax/fee laws and/or comptroller rules am I supposed to site?
I have tried to find some examples or advice online and have come up empty.
If anyone could advise me on what to put in this letter, I would be extremely grateful.
Thanks
 


OHRoadwarrior

Senior Member
I don't know if Texas will cooperate as easily. In OH, I know a few people have called, explained the license was never used. The tax department has withdrawn the estimated tax, upon receipt of a letter requesting cancellation of the license, from date of issuance and affirmation/assertion it was never used.
 

dmcc10880

Member
Considering your permit was effective on the last day of the reporting period, I wouldn't worry.

I think you can avoid a hearing if you call the state, explain the timing of the permit and invoice, explain an estimate of your purchases subject to use tax and annual sales, you should probably have the invoice deleted. If your sales are under a certain amount, you may be able to move the quarterly payments to one annual payment.

If you must send a letter, just state that you had no sales tax liability for the period in question or any use tax liability and that you have not made a sale since the acquisition of the permit.

Keep it simple. Don't fret.
 

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