Skip to content

eXpendit

Note: To navigate this guide on a mobile device you must use the Table of Contents.

Licensing Fees and Occupation Taxes

A state agency may pay a licensing fee or an occupation tax for an officer or employee of the agency if the agency determines the:

  • Payment would be directly and substantially related to the agency’s governmental functions.
    – and –
  • Agency would receive an adequate return for the payment.

A state agency may consider the following factors (among others) when determining if the agency would be receiving an adequate return if the:

  • Employee in question works full time or part time.
  • Employee uses their professional credentials in working outside the confines of their state employment.
  • Employee’s professional credentials are required or merely useful in performing the employee’s state duties.

Documentation Requirements [+]

  • A state agency must retain documentation in its files that shows:
    • How the payment is directly and substantially related to the state agency’s governmental functions.
      – and –
    • How the state agency is receiving an adequate return on the payment.
  • Comptroller object 7210 must be used.

Sources [+]

Graves v. Morales, 923 S.W.2d 754, 757 (Tex. App.—Austin 1996, writ denied) (discusses only occupation taxes); Texas attorney general opinion JM-1063 (1989); Texas attorney general letter opinion 88-79 (1988).