Tex. Tax Code § 111.104 · Subchapter C. SETTLEMENTS, REFUNDS, AND CREDITS
REFUNDS.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) If the comptroller finds that an amount of tax, penalty, or interest has been unlawfully or erroneously collected, the comptroller shall credit the amount against any other amount when due and payable by the taxpayer from whom the amount was collected. The remainder of the amount, if any, may be refunded to the taxpayer from money appropriated for tax refund purposes.
(b) A tax refund claim may be filed with the comptroller only by the person who directly paid the tax to this state or by the person's attorney, assignee, or other successor.
(c) A claim for a refund must:
(1) be written;
(2) state fully and in detail each reason or ground on which the claim is founded; and
(3) be filed before the expiration of the applicable limitation period as provided by this code or before the expiration of six months after a jeopardy or deficiency determination becomes final, whichever period expires later.
(d) A refund claim for an amount of tax that has been found due in a jeopardy or deficiency determination is limited to the amount of tax, penalty, and interest and to the tax payment period for which the determination was issued. The failure to file a timely tax refund claim is a waiver of any demand against the state for an alleged overpayment.
(e) This section applies to all taxes and license fees collected or administered by the comptroller, except the state property tax.
(f) No taxes, penalties, or interest may be refunded to a person who has collected the taxes from another person unless the person has refunded all the taxes and interest to the person from whom the taxes were collected.
Notes and commentary — not statutory text
History
Acts 1981, 67th Leg., p. 1507, ch. 389, Sec. 1, eff. Jan. 1, 1982. Amended by Acts 1989, 71st Leg., ch. 154, Sec. 2, eff. Aug. 28, 1989; Acts 1999, 76th Leg., ch. 1467, Sec. 2.13, eff. Oct. 1, 1999; Acts 2003, 78th Leg., ch. 1310, Sec. 86, eff. June 20, 2003.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/TX/htm/TX.111.htm
- Text hash
- sha256 aca1352bd2d2119023df6edd4a49ec7181137774028bb30c15a05d94b092158b
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
Cited by 16 provisions
Provisions in this library whose text cites Tex. Tax Code § 111.104. Each shows the citation as that text prints it.
Tax Code
- Tex. Tax Code § 111.105TAX REFUND: HEARING.Printed as Section 111.104
- Tex. Tax Code § 111.106TAX REFUND: NOTICE OF INTENT TO BYPASS HEARING.Printed as Section 111.104
- Tex. Tax Code § 111.107WHEN REFUND OR CREDIT IS PERMITTED.Printed as Section 111.104(c)(3)
- Tex. Tax Code § 111.203AGREEMENTS TO EXTEND PERIOD OF LIMITATION.Printed as Sections 111.104, 111.201, and 111.202
- Tex. Tax Code § 112.051PROTEST PAYMENT REQUIRED.Printed as Section 111.104
- Tex. Tax Code § 112.151SUIT FOR REFUND.Printed as Section 111.104
- Tex. Tax Code § 151.0231MANAGED AUDITS.Printed as Section 111.104(f)
- Tex. Tax Code § 151.0595SINGLE LOCAL TAX RATE FOR REMOTE SELLERS.Printed as Section 111.104(b)
- Tex. Tax Code § 151.1551REGISTRATION NUMBER REQUIRED FOR TIMBER AND CERTAIN AGRICULTURAL ITEMS.Printed as Section 111.104
- Tex. Tax Code § 151.4305TAX REFUNDS FOR OIL OR GAS SEVERANCE TAXPAYERS.Printed as Section 111.104(b)
- Tex. Tax Code § 201.059CREDITS FOR QUALIFYING LOW-PRODUCING WELLS.Printed as Section 111.104
- Tex. Tax Code § 201.3021MANAGED AUDITS.Printed as Section 111.104(f)
- Tex. Tax Code § 202.056EXEMPTION FOR OIL AND GAS FROM WELLS PREVIOUSLY INACTIVE.Printed as Section 111.104
- Tex. Tax Code § 202.058CREDITS FOR QUALIFYING LOW-PRODUCING OIL LEASES.Printed as Section 111.104
- Tex. Tax Code § 202.062TAX EXEMPTION FOR OIL AND GAS PRODUCED FROM CERTAIN RESTIMULATION WELLS.Printed as Section 111.104
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.