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Lev
Lev, Tax Advisor
Category: Tax
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Experience:  Taxes, Immigration, Labor Relations
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I'm in Texas and my dad passed away. Jusr had a family sale

Customer Question

Customer: I'm in Texas and my dad passed away. Jusr had a family sale and understand I have to pay sales tax because we sold over $3,000 dollars but had a appraiser tell me when you sell to family, sales tax is not charged but the comptroller told me not true? what is it?
JA: Thanks. Can you give me any more details about your issue?
Customer: Sales tax, when selling to family member do I or do I not have to charge sales tax because we sold over 3,000 dollars
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Submitted: 1 year ago.
Category: Tax
Customer: replied 1 year ago.
need to update my password
Expert:  Lev replied 1 year ago.

Based on your information - you qualify for the exemption from sales tax as an occasional sale.
See following documents posted by the comptroller

https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=34&pt=1&ch=3&rl=316

(a) Sales exempt. A taxable item that is sold or purchased by way of an occasional sale is exempt from sales and use taxes, except as provided by subsection (i) of this section.

b) Occasional sales by persons not in the business of selling, leasing, or renting.

(1) One or two sales of taxable items, other than an amusement service, during any 12-month period by a person who does not hold himself out as engaged (or who does not habitually engage) in the business of selling taxable items are occasional sales.

Following is the statement you need to submit

http://comptroller.texas.gov/taxinfo/taxforms/01-917.pdf

.

Please also see here

http://www.cpa.state.tx.us/taxinfo/taxpubs/tx94_437.pdf

Occasional sales include:
• one or two sales of taxable items, regardless of price, during any 12-month period (Texas Tax Code Section
151.304(b)(1)); or
• sales totaling up to $3,000 in a calendar year of items that were originally acquired for personal use by the person
or a family member of the person selling them (Tax Code Section 151.304(b)(5)).

Let me know if you need any clarification this matter.

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