1. (a) Records required.

   1. (1) Every person engaged in:

      1. (A) making sales, leases, or rentals of tangible personal property;
      2. (B) performing taxable labor, such as fabricating, processing, and producing tangible personal property; or
      3. (C) performing taxable services, such as amusement services, cable television services, personal services, motor vehicle parking and storage services, and the repair, remodeling, maintenance, and restoration of certain tangible personal property; or
      4. (D) purchasing taxable items, must keep records in such form as may readily be examined by the comptroller or his authorized agents or employees.
   2. (2) The records must reflect the total gross receipts from sales, rentals, leases, taxable services, and taxable labor. Purchasers' records must reflect the total purchases of taxable items. Additional records must be kept to substantiate any claimed deductions or exclusions authorized by law. When records regarding the amount and applicability of any deductions or exclusions from the measure of the tax, or evidence of compliance with optional reporting methods, are insufficient, the comptroller may estimate deductions or exclusions based on any records available or disallow all deductions and exclusions.
2. (b) Failure to keep accurate records. If any person fails to keep accurate records of gross receipts and gross purchases, the comptroller will estimate the tax liability based on any information available, including, but not limited to, records of suppliers. In addition, the comptroller may suspend the permit of the taxpayer, file misdemeanor charges, or take other action as authorized by statute to enforce compliance. Records may be written, kept on microfilm, or stored on data processing equipment.

3. (c) Information required.

   1. (1) The comptroller may require any person subject to the Limited Sales and Use Tax Act to furnish information necessary to:

      1. (A) identify any person applying for a permit or any person required to file a return;
      2. (B) determine the amount of bond required to commence or continue business;
      3. (C) determine possible successor liability; and
      4. (D) determine the amount of tax the person is required to remit.

   2. (2) The information required may include, but is not limited to, the following:

      1. (A) name of the actual owner of the business;
      2. (B) name of each partner in a partnership;
      3. (C) names of officers and directors of corporations and other organizations;
      4. (D) all trade names under which the owner operates;
      5. (E) mailing address and actual locations of all business outlets;
      6. (F) license numbers, title numbers, and other identification of business vehicles;
      7. (G) identification numbers assigned by other governmental agencies, including social security numbers, federal employers identification numbers, and drivers license numbers;
      8. (H) names of suppliers, banks, and other persons with whom the taxpayer transacts business;
      9. (I) names and last known addresses of former owners of the business.

Source Note:The provisions of this §3.281 adopted to be effective January 1, 1976; amended to be effective October 30, 1984, 9 TexReg 5387.