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Travis Texas Form Instructions 1040-A: What You Should Know

Texas Franchise Tax Code. This chapter has been prepared for and is illustrative only. Texas Franchise Tax Code. Tex. Franchise Tax Code, §1.111. The tax on real or personal property is imposed and collected by this Code and consists of a tax on the net income, including gains, from the sale, exchange and other disposition of real or personal property on or before the first day of the taxable year, and any tax on income or gains from the use of real or personal property or the use of personal property. Tex. Franchise Tax Code, §1.108. The state of Texas collects the tax. Any person subject to the sales and use tax of this state shall be required to file Form 1094 with the Comptroller. Tex. French. Code, §4.02. When the owner of real or personal property uses the property for business purposes, he or she is required to file an affidavit with the Director stating the full basis of use. When the property is held for investment, the affidavit must contain the name and address of the investor. Tex. Franchise Tax Code §1.113. The tax imposed by this title does not apply to the sale, receipt for sale, exchange or other disposition of real or personal property if the property in question is used by the owner for business and was not in its original configuration at the time of the property's being sold or any other transaction in which the tax is not applicable. This statement does not preclude the Commissioner from exercising any tax or tax collection authority otherwise available to the commissioner. Tex. Franchise Tax Code §1.120. In the event of a conflict between this title and the provisions of the Texas Administrative Code, the provisions of the Texas Administrative Code apply.

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