- A Texas Administrative Law Judge ruled that golf balls used at a golf course’s driving range do not qualify for a resale exemption
- The decision was based on Texas law which states that resale exemption applies only when items are transferred to customers as part of a taxable service with control of the item also transferred
- The golf course in question operated various facilities and claimed a resale exemption on the golf balls used at the driving range, arguing they were part of an amusement service
- During an audit, it was found that the golf balls were not transferred to customers in terms of possession or responsibility, leading to a tax assessment on the balls
- The taxpayer argued that the balls were essential to the taxable amusement service provided, hence should be exempt, but the law requires physical transfer of the item to the customer for a resale exemption to apply
- The judge upheld the tax assessment, stating that tangible personal property used in providing a service must be transferred to the customer for a resale exemption
- The decision underscores the importance of taxpayers adhering to the specific interpretations of tax codes as defined by auditors or tax authorities
- The judge acknowledged the taxpayer’s concerns about potential double taxation but indicated that a contested hearing was not the appropriate venue for addressing such issues
- Taxpayers seeking relief from tax obligations must pursue proper channels rather than relying on personal interpretations or workarounds
Source: salestaxinstitute.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.
