no sales tax on one-off private gun sales

The text as introduced · 701 words

89R3539 RDS-D

By: Shaheen
H.B. No. 2162

A BILL TO BE ENTITLED

AN ACT

relating to the classification of certain sales of firearms as

occasional sales for purposes of sales and use taxes.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Sections 151.304(b), (c), (d), (f), and (g), Tax

Code, are amended to read as follows:

(b) In this section :

(1) "Firearm" has the meaning assigned by 18 U.S.C.

Section 921(a)(3).

(2) "Occasional [ , "occasional ] sale" means:

(A) [ (1) ] one or two sales of taxable items,

other than an amusement service, at retail during a 12-month period

by a person who does not habitually engage, or hold himself out as

engaging, in the business of selling taxable items at retail;

(B) [ (2) ] the sale of the entire operating assets

of a business or of a separate division, branch, or identifiable

segment of a business;

(C) [ (3) ] a transfer of all or substantially all

the property used by a person in the course of an activity if after

the transfer the real or ultimate ownership of the property is

substantially similar to that which existed before the transfer;

(D) [ (4) ] the sale of not more than 10 admissions

for amusement services during a 12-month period by a person who does

not hold himself out as engaging, or does not habitually engage, in

providing amusement services; or

(E) [ (5) ] the sale of tangible personal property

by an individual if:

(i) [ (A) ] the property was originally

bought by the individual or a member of the individual's family for

the personal use of the individual or the individual's family;

(ii) [ (B) ] the individual does not hold a

permit issued under this chapter and is not required to obtain a

permit as a "seller" or "retailer" as those terms are defined by

Section 151.008;

(iii) [ (C) ] the individual does not employ

an auctioneer, broker, or factor, other than an online auction, to

sell the property and the property is not a firearm, or if the

property is a firearm, does not employ a broker or factor, other

than an online auction, to sell the property ; and

(iv) [ (D) ] the individual's total receipts

from sales of the individual's tangible personal property in a

calendar year do not exceed $3,000 for sales of property not

including firearms and do not exceed $6,000 for sales of firearms .

(c) Within the meaning of Subsection (b)(2)(B) [ (b)(2) of

this section ], a separate division, branch, or identifiable segment

of a business exists if before its sale the income and expenses

attributable to the separate division, branch, or segment could be

separately ascertained from the books of account or record.

(d) Within the meaning of Subsection (b)(2)(C) [ (b)(3) of

this section ], the stockholders, bondholders, partners, or other

persons holding an interest in a corporation or other entity have

the real or ultimate ownership of the property of the corporation or

other entity.

(f) Subsection (b)(2)(A) [ (b)(1) of this section ] does not

apply to a sale made by a person who holds a permit issued pursuant

to the provisions of this chapter.

(g) A person who holds a permit issued under this chapter

and makes a purchase from a person entitled to claim the exemption

provided by Subsection (b)(2)(A) [ (b)(1) of this section ] shall

accrue use tax on the transaction and remit it to the comptroller.

SECTION 2. The change in law made by this Act does not

affect tax liability accruing before the effective date of this

Act. That liability continues in effect as if this Act had not been

enacted, and the former law is continued in effect for the

collection of taxes due and for civil and criminal enforcement of

the liability for those taxes.

SECTION 3. This Act takes effect immediately if it receives

a vote of two-thirds of all the members elected to each house, as

provided by Section 39, Article III, Texas Constitution. If this

Act does not receive the vote necessary for immediate effect, this

Act takes effect September 1, 2025.