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.
- How the payment is directly and substantially related to the state agency’s governmental
functions.
- Comptroller object 7210 must be used.
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).
