SECTION 3.28. Reports, Payments, and Due Dates

(a) Reports required.

(1) All first purchasers and/or processors must file reports in accordance with §3.26 of this title (relating to Purchaser and/or Processor Reporting Requirements).

(2) All producers as defined by Tax Code, §201.001(5) or §3.17 of this title (relating to Producer Reporting Requirements), having an average monthly tax liability of $200 or more must file the producer's monthly report required by Tax Code, §201.203.

(3) All producers having an average monthly tax liability of less than $200 must file the producer's annual report.

(b) Due dates.

(1) Except as provided in paragraphs (2) and (3) of this subsection, the due date for all monthly reports and payments is the 20th day of the second month following the month of production.

(2) The due date for the monthly reports and payments for the production month of June of each odd-numbered calendar year is the 15th day of August of that year.

(3) An estimated payment of tax is required of all monthly filers on or before August 15 for the production month of July of each odd-numbered calendar year.

(4) Except as provided in paragraphs (5) and (6) of this subsection, the gas producer's annual report and payment are due on or before February 20 of each year. The report is for taxable production during the preceding calendar year.

(5) The gas producer's annual report and payment for producers going out of business during the year are due on or before the 20th day of the second month in which the producer ceases production. The report must reflect all taxable production thus far during the year.

(6) If any producer, designated as an annual filer, has an accumulated tax liability of $2,400 or more the producer must file a report and remit the tax due on or before the 20th day of the second month following the month resulting in the $2,400 accumulated liability. The producer must file monthly thereafter. It is the responsibility of the taxpayer to contact the comptroller's office concerning the change in reporting status. Example: a producer begins business in April and estimates his monthly liability at only $150 per month. By October the actual liability is $2,500. A report covering April through October must be filed on or before December 20. All periods subsequent to October must then be reported on monthly reports.

(c) Payment of estimated tax required.

(1) An amount equal to a reasonable estimate of the tax due for production during July of each odd-numbered calendar year must be remitted to the comptroller on or before August 15 of that year.

(2) A reasonable estimate of the tax due for July is equal to the tax due for June of the same year or the actual tax due for July, whichever is less.

(3) Any additional tax due for July in excess of the reasonable estimate is due on or before September 20 of that year.

(d) Penalties.

(1) If the amount paid pursuant to subsection (c) of this section is less than the required amount, a penalty of 10% will accrue on the difference between the required amount and the amount actually remitted.

(2) If an estimated payment is not timely or no estimated payment is made, a 10% penalty will accrue on the entire amount required to be paid by August 15.

(3) A penalty of 5.0% will accrue on the additional tax due for the month of July or any other regular monthly report if it is not paid when the report is due. An additional 5.0% penalty will accrue 30 days after the due date of the report if the tax is still not paid.

(e) Examples.

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Source Note: The provisions of this §3.28 adopted to be effective June 2, 2013, 38 TexReg 3355